Loading document...
==== PAGE 1 ====
25/90510/C
Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90510/C Applicant : Mr & Mrs Andrea & Matt Hollis Proposal : Change of use from dog grooming services to bakery Site Address : 26A Summerhill Road Onchan Isle Of Man IM3 1LY
Senior Planning Officer: Mrs Louise Phillips Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 14.07.2025 __
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 development hereby approved shall not be operated until the parking/bin storage area has been cleared and provided in accordance with the approved plans. The area shall be retained and maintained for this purpose at all times thereafter.
Reason: To ensure that sufficient provision is made for off-street parking and bin storage in the interests of highway safety and the character and appearance of the area.
C 3. Customers shall be served from or remain in the building on no more than one day in any four week period and then not outside the following hours: 09.00 - 17.00, Monday - Saturday.
Reason: In the interests of neighbouring residential amenity.
This application has been recommended for approval for the following reason. The proposed use would be in keeping with the general character of the locality and would potentially improve the appearance of the site. It would cause no harm in respect of either neighbouring amenity or highway safety and it would therefore be consistent with the aims and objectives of the Development Plan.
==== PAGE 2 ====
25/90510/C
Page 2 of 6
Plans/Drawings/Information;
This approval relates to the following drawings:
o Location and Site Plan - 01P o Existing and Proposed Floor Plan - 02P
__
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
o Onchan District Commissioners: No objection. o Highways Services: No objection. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE BECAUSE THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.
1.0 THE SITE
1.1 The site is on the east side of Summerhill Road, Onchan. It is occupied by a single storey flat-roofed unit with a glazed shopfront. It was last used as a dog grooming parlour but is now vacant and starting to look untidy. The unit forms part of a terrace, but the properties to either side are two-storey residential dwellings. "The Old Chapel" opposite is in use as offices and there is a small commercial area around the roundabout to the north.
1.2 There is vehicular access to the rear of the property from Alberta Drive, where there is one off-road parking space and room for two wheelie bins. Double yellow lines run along both sides of Summerhill Road from the roundabout to Alberta Drive. On-street parking is then available on the east side of the carriageway and in Alberta Drive, which is a residential street.
2.0 THE PROPOSAL
2.1 The proposed development is the change of use from dog grooming services to a bakery. The applicants presently run a baking business from their home kitchen at a different address, but a dedicated space is now required to allow for increasing production of bakery items and storage of ingredients and packaging.
2.2 It is not proposed to sell items directly from the premises on a regular basis, but rather to hold occasional small scale events such as monthly "pop up" days; and to allow pre- arranged customer collections.
2.3 No external changes to the building are proposed.
3.0 PLANNING POLICY
Site Specific 3.1 The site is not within a Conservation Area and there are no Registered Buildings, Registered Trees or Registered Tree Areas that would be affected by the proposal. A small area at risk of surface water flooding runs along the road in front of the property.
==== PAGE 3 ====
25/90510/C
Page 3 of 6
Area Plan for the East 2020 3.2 The site is within a predominantly residential area. Designated mixed use areas lie opposite the site and around the roundabout to the north.
Isle of Man Strategic Plan 2016 3.3 General Policy 2 provides that development in accordance with land use zoning and other relevant proposals and policies of the Development Plan will normally be permitted subject to certain criteria, including those below which are relevant to this proposal. The development should:
(c) not affect adversely the character of the surrounding landscape or townscape; (g) not affect adversely the amenity of local residents or the character of the locality; (h) provide satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; and (l) not be on contaminated land or subject to unreasonable risk of erosion or flooding.
3.4 Environment Policy 13 concerns development at risk of flooding.
3.5 Business Policy 2 states that land for industrial development should be designated in all parts of the Island; and Business Policy 10 states that retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas.
3.6 Transport Policy 7 requires new development to meet current parking standards.
4.0 OTHER MATERIAL CONSIDERATIONS
Legislation 4.1 Town and Country Planning (Use Classes) Order 2019.
4.2 Flood Risk Management Act (2013) - Section 68 indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations.
Guidance 4.1 Manual for Manx Roads.
5.0 PLANNING HISTORY
5.1 The following planning history for the site is relevant to the current proposal:
O 17/00695/C: Change of use of premises from hairdressing salon to a dog grooming salon and other pet services - Permitted.
o 02/02306/C: Change of use to kitchen and bedroom showroom - Permitted.
6.0 REPRESENTATIONS
6.1 Onchan District Commissioners - "...recommend that the application be APPROVED for planning purposes only" (19/06/25)".
==== PAGE 4 ====
25/90510/C
Page 4 of 6
6.2 Highways Services - "...no significant negative impact upon highway safety, network functionality and/or parking as the proposals are in Onchan centre, there is opportunity for staff and delivery loading, and customer parking and arrival demand would be similar or less than the existing use".
6.3 Manx Utilities Authority (Electricity) and Environmental Health Team were consulted on 22 May 2025 but had made no comments at the time of writing this report.
7.0 ASSESSMENT
7.1 Under the terms of the Use Classes Order 2019, the current/last use of the building for dog grooming services falls within Class 1.1(f) Shops. The proposed use, which is mainly for production of bakery items with occasional retail sales falls somewhere between Class 1.1(a) Shops (if cold items); 1.4 Hot Food Takeaway (if hot items); and 2.2(a) Light Industry. As the proposed use does not fit squarely into any of these Use Classes, it should be treated as a "Sui Generis" Use.
7.2 The main issues for consideration in determining this planning application are whether the location for the proposed use is suitable; and its effect upon the living conditions of neighbouring residential occupiers, highway safety in respect of parking and flood risk.
Location of Development 7.3 By the provisions of the Development Plan, the site is in a "predominantly residential area" and not within either a town/village centre towards which retail uses are directed, or a designated industrial area. However, the locality includes a mix of uses as described in Section 1.0, and the application property itself has been in commercial use of one kind or another for many years and looks like a shop.
7.4 Therefore, a non residential use in this location would neither be new nor out of character and so, subject to its specific effects discussed below, the proposal could be acceptable.
Living Conditions 7.5 The cooking activity would take place inside the building and there is no external flue proposed to give rise to smells. The bakery would not regularly be open to the public and planning conditions could be imposed to control the opening hours of any "pop-up" days. Comings and goings are therefore likely to be less frequent than when the unit was used as a dog grooming salon or hairdressers and so, in respect of noise, disturbance and privacy, the proposed use would have no greater impact upon the living conditions of neighbouring residential occupiers than the established use. Indeed it might have less.
7.6 The proposed development would therefore comply with General Policy 2(g) of the Strategic Plan.
Highway Safety 7.7 Appendix 7 of the Strategic Plan sets out how many parking spaces different types of development are expected to have. The proposed use does not fit neatly into any one category but, as an indication, light industrial uses should have one space per 30 square metres of net floorspace and neighbourhood shops should provide "spaces for staff, customers and service vehicles".
7.8 The application site has one off-road parking space and, to achieve strict compliance with the above standards, more might be expected. However, the proposed use is small scale, there is no suggestion that staff would be employed and occasional deliveries and customers visiting by car could be accommodated in on-street spaces near to the site. Highways Services
==== PAGE 5 ====
25/90510/C
Page 5 of 6
is satisfied that the demand for parking would be similar or less than the previous use and that the proposal would cause no other significant negative impacts in the area.
7.9 Therefore, while the proposed development might not comply with Transport Policy 7 of the Strategic Plan, it would have adequate parking space and be acceptable in terms of road safety and traffic flows. Thus, it would comply with General Policy 2(h) and (i).
Flood Risk 7.10 No physical development is proposed and the bakery would be no more vulnerable to flooding than the previous use. Consequently, the proposed change of use would have no effect upon the existing flood risk situation in the locality and would comply with Environment Policy 13 of the Strategic Plan.
Other Considerations 7.11 The site is presently vacant and is stated to have been so for two years. It is starting to look a little run down and so bringing it back into use would likely see it tidied up and better maintained. This would be of benefit to the character and appearance of the area and weighs in favour of the proposal.
8.0 CONCLUSION
8.1 The proposed development would continue a commercial use in a predominantly residential area as designated in the Development Plan. It would also have slightly less off road parking than current standards require for similar uses. However, the specific use proposed on this particular site would be in keeping with the general character of the locality; would cause no harm in respect of either neighbouring amenity or highway safety; and would potentially improve the appearance of the area. Thus, it would be consistent with the aims and objectives of the Development Plan, even in the areas where it does not strictly comply and so it is recommended for approval.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
==== PAGE 6 ====
25/90510/C
Page 6 of 6
__
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made: Permitted Date: 28.07.2025
Signed : Presenting Officer - Mrs Louise Phillips
Customer note
This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.
Copyright in submitted documents remains with their authors. Request removal