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The application site forms part of the residential curtilage of Brookfield, Main Road, Ballaugh, which is a three storey attached property, located on a corner plot with Station Road to the east and Main Road to the north.
The application seeks approval for the change of use of part of dwelling to a beauty treatment room.
The proposal would involve the use of a single first floor room for teeth whitening treatment. The applicant has indicated that the treatment would last approximately 90 minutes and bookings would be two hours apart by appointment only basis.
The proposal is operate Monday to Friday (from 10am to 3pm and then 6pm till 11pm) and Saturday and Sunday (from 9am to 10pm).
They have indicated that they expect an average of one treatment per day and if the levels did exceed this level then they would look for commercial premises in Douglas to exploit the level of demand.
No parking is allocated to the dwelling and therefore all visitors would be required to park on street.
The site has been zoned under the Isle of Man Development Plan Order 1982 as being "existing residential"; not within a Conservation Area, nor within an area zoned as High Landscape Value or Costal Value and Scenic Significance.
Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-
Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
The following planning applications are considered relevant in the assessment and determination of this application:- Conversion of dwelling and former shop area to two separate dwellings - 01/02515/B – APPROVED Installation of uPVC windows to replace existing - 99/01726/B - APPROVED
Ballaugh Parish Commissioners:-
"Approve."
Highways Division have no objection:- "Has no traffic management, parking or road safety implications."
The owner/occupier of Brookfield, Station Road, Ballaugh, have objected to the application which can be summarised as; no objection in principle to the proposal, as long as the operating hours do not exceed 8pm during evenings; the area is extremely busy due to traffic to the prison, parking for the shop and for local residents who park on Main Road not having off street parking; shop opening hours stated are winter hours, and are extended during the summer; the submitted plan show a shed, this is actually a designated off road parking space for Brookfield and ownership issues.
There are two main issues with the proposal, the first is the potential adverse impacts upon the residential amenities through the operation and general disturbances caused by people coming and going from the property. Secondly, is whether sufficient parking exists to accommodate traffic generated by the proposal.
Turning to the potential impacts upon residential amenities of the neighbouring properties, it should be noted the close proximity of the site to Main Road and Station Road, which are main public highways.
The application site is also directly opposite 'The One Stop Shop' to the west. Furthermore, to the southeast of the site, on the opposite side of the Main Road is 'The Raven' public house.
Accordingly, it is important to note that around the vicinity of the application site, there are a number of commercial businesses which operate throughout the day and night, which results in a number of visitors coming and going. Add the general traffic passing though Ballaugh Village, passed the application site, and it is determined the creation of additional visitors by the proposed business would not result in a significant increase in visitors to the area, to the detrimental of residential amenities, namely through visiting vehicles coming and going.
A comparison perhaps is to a residential cul-de-sac which generally would only attracts residents and a small number of visitors to the properties per day; and when a new business as proposed may lead to more of an impact upon residential amenities, as it would be more noticeable with vehicles coming and going especially during evening/night periods.
It should also be noted that the property was once used as a general store (albeit, many years ago) with living accommodation above, all of which has been changed into a single dwelling, although permission was also granted in the past for two dwellings.
For these reasons it is consider the proposal would not give rise to a significant impact upon the residential amenities of nearby residents.
In terms of parking provision, visiting the area on a number of occasions, throughout the daytime, parking would seem to be available. Parking directly opposite the general store and the application site can have a high demand; however, parking further away from the site along Station Road is readily available
The applicant has submitted photos which show Station Road during evening/night periods which show parking available. They also indicate the shop closes at 6pm which reduces the demand for on street parking in the evening. Objectors indicated that during the summer months the shop is open for longer, however with this being the case it is considered the parking, especially along Station Road is sufficient to accommodate a additional vehicle every 90 minutes (maximum time for a treatment) at the very most.
The applicants also indicate that they are willing to operate the business outside peak hours, again to ensure traffic generated by the business would not impact upon on street parking.
It is perhaps pertinent that no local residents have objected to the application or the Local Commissioners.
In terms of the comments made by the objector that the site plan indicates a shed on the submitted location plan which is a parking space associated with the dwelling. From visiting the site and measuring the submitted plans the space would not seem to be long enough to accommodate a vehicle.
The Highway Division, who initially objected to the application, has withdrawn their objection following discussions with the applicant.
Overall, it is considered with the appropriate hours of operation, operated on a appointment basis and given the availability of on-street parking the proposal would not given rise to a significant amount of traffic generation to the detriment of highway safety.
Overall, it is considered the proposal would comply with the relevant policies of the Isle of Man Strategic Plan and therefore it is recommended that the application be approved.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
The owner/occupier of Brookfield, Station Road, Ballaugh
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance
Recommended Decision: Permitted
Date of Recommendation: 15.03.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the change of use of part of dwelling to a beauty treatment room as proposed in the submitted documents which are date-stamped 28th January 2011.
C 3.
The beauty treatment room shall only be open to visiting members of the public, between the hours of 10.00hrs and 15.00hrs and 18.00hrs and 23.00hrs on any Monday, Tuesday, Wednesday, Thursday and Friday and between the hours of 09.00hrs and 22.00hrs on any Saturday and Sunday.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.
Decision Made : Permitted Date : 28 Mar 2011
Signed : [Signature] Senior Planning Officer
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