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24/00189/C Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00189/C Applicant : Ms Amore Du Plessis Proposal : Additional use of ground floor room bedroom as a photography studio Site Address : 5 Ballaughton Park Douglas Isle Of Man IM2 1LA
Planning Officer: Vanessa Porter Photo Taken : 11.04.2024 Site Visit : 11.04.2024 Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 22.04.2024 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The use hereby approved shall only be for the benefit of the resident of the dwelling 13 Ballaughton Park and no staff may be employed and/or work at the premises.
Reason: Although the specific details of this application have been found acceptable, any change to its operation will require fresh assessment.
C 3. Notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) Regulations 2013 (or any Regulations revoking and/or re-enacting those Regulations with or without modification) no advertisement on or within 13 Ballaughton Park may be displayed without the prior submission and approval of advertisement consent.
Reason: To control development in the interests of the amenities of the surrounding area.
C 4. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the building hereby approved shall be used only for the purpose hereby approved (photography studio) and shall not be used for any other purpose within Use Class 1.1 without the express grant of planning approval from the Department.
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Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.
C 5. The business shall not operate outside of the operational hours stipulated in the application. Opening Hours: 9:00 to 18:00
Reason: In the interest of protecting neighbouring living conditions.
C 6. The area of the building to be used for the photography studio shall be limited to that shown on Drawing No.02P, dated received 21st March 2024, forming part of the application and the use hereby permitted shall not extend into any other part of the premises.
Reason: To minimise the disturbance to adjacent residential occupiers and to protect the residential character of the locality.
C 7. The proposed parking space in front of the garage, shall be accessible prior to the operation of the business and not be used for any other purpose other than the parking of vehicles associated with the development and shall remain free of obstruction for such use at all times unless otherwise approved in writing by the Department.
Reason: To ensure that sufficient provision is made for off-street parking during the business operational hours in the interest of highway safety.
This application has been recommended for approval for the following reason. The proposal is considered to comply with General Policy 2, Business Policy 1 and Business Policy 7 of the Isle of Man Strategic Plan 2016 and therefore acceptable.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 22nd March 2024; o Covering Letter o Drawing No. 01P o Drawing No. 02P o Proposed Floor Plan o Email correspondence from advocate __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION SITE 1.1 The application site is within the curtilage of 5 Ballaughton Park, Douglas which is an end terrace property situated within the Ballaughton Park cul-de-sac, to the South West of Ballaughton Lane.
1.2 The property is three stories with an integral garage to the ground floor and parking space in front of the garage. There is also a designated car parking space to the East of the property within a parking bay.
THE PROPOSAL
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2.1 The current planning application seeks approval for the use of a bedroom space to the ground floor, situated to the South West to be used as a photograph studio, with the proposed times being 9am to 6pm.
PLANNING HISTORY 3.1 There are no previous applications upon the site which are relevant to the assessment of this application, whilst this is the case it is relevant to note PA20/00292/C which was for, "Additional use of residence as a photography Studio," at 13 Ballaughton Park, which was permitted.
PLANNING POLICY 4.1 The site lies within an area zoned as "Predominantly Residential" on the Area Plan for the East, Map 4 - Douglas. The property is not within a Conservation Area or a Flood Risk Zone.
4.2 In terms of the Strategic Plan (2016) the following Strategic Policies are the most relevant.
4.3 The following Strategic Policies are also relevant;
REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summary;
5.2 Highway Services have considered the proposal and state "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, subject to the proposals being restricted to a single person operation via condition. The proposals appear of a small nature and there is parking within the site and a parking bay space on the cul-de-sac." (02.04.24)
5.3 Douglas Borough Council have considered the application and state, "no objections." (16.04.24)
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are:
6.2 PRINCIPLE 6.2.1 In the first instance, when looking at the principle of the use of the room for photograph studio, it should be acknowledged that permission has been approved and refused for the operation of a business from a residential property, throughout the Island. In fact the Government's Permitted Development Order permits a number of business operations to be run from a dwelling, these including child minding (up to 6 children), Bed and Breakfast (up to
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3 bedrooms) and an occupant of a dwelling can operate any business from home (no visitors/staff allowed) via a home office within the property.
6.2.2 No.5 Ballaughton Park, is situated within a site zoned as 'predominantly residential' and as such thee change of use of part of the property would not comply with the land use designated within section 4.1, however the application site will majority stay as a dwellinghouse, with there being no other alterations proposed to the property. As such there will be no visual impact on General Policy 2 of the Isle of Man Strategic Plan 2016, based on the proposed small scale use.
6.2.3 Further issues in terms of the principle is the possible impact on the nearby town centre. It is generally presumed that new commercial uses will be directed towards existing commercial areas. However, the impact of a single employee operating in this location is unlikely to draw materially harmful levels of trade away from the town centre. Moreover, such small businesses could enable the growth of a business that would eventually achieve a sufficient turnover as to encourage its moving into larger, more attractive and more appropriate commercial premises in that town centre in due course.
6.3 NEIGHBOURING AMENITY 6.3.1 When looking at the impact from such proposals, issues are usually relating to the impact upon on-street parking provisions (discussed below), general disturbances through people coming and going from the site and noise. The applicants are the full time occupants of the property, living within the other rooms within the property and they will be the only employees working at the address. Noting this with the previously approved application within the same cul-de-sac, which was the same applicants. If there was a neighbouring issue with the proposal objections would have been received,
6.3.2 As such overall, due to the nature of the business, with only a single client at a time and no noisy activities being carried out, it is considered unlikely that there will be a significant impact on the neighbouring properties.
6.4 PARKING PROVISIONS 6.4.1 Turning towards the parking provisions of the proposal and the parking on site. Transport Policy 7 in accordance with Appendix 7 states that there should be two parking spaces available for a residential property. Taking note of the proposal, an extra parking space should be available for clients to park within the site.
6.4.2 The parking available to the site are one space within the garage, one space outside the garage and one separate space situated within the parking bays opposite the property. During the officer's site visit it could be seen that both available car parking spaces were taken up, whilst this was the case, a discussion with the applicant stated that they were moving furniture during the time period and that the space in front of the garage would be made available once the items were removed from the garage.
6.4.3 Ultimately, taking into account the above and the previous application within the cul-de- sac, it is unlikely that there will be issues with regards to parking within the site, with a condition to state that the parking space in front of the garage is left available and unobstructed for parking at all times.
CONCLUSION 7.1 For the above reasons the proposal is considered to comply with General Policy 2, Business Policy 1 and Business Policy 7 of the Isle of Man Strategic Plan 2016 and therefore acceptable.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
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(a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status __
I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 24.04.2024
Determining officer Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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