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Application No.: 09/01744/C Applicant: Mushtaq Khan & Geraldine Khan Proposal: Change of use from residential dwelling to specialist consulting rooms Site Address: - Greystones, 19 Ballanard Road, Douglas, Isle Of Man, IM2 5HA ### Considerations Case Officer: Mr Gary Barr Photo Taken: 22.12.2009 Site Visit: 22.12.2009 Expected Decision Level: Planning Committee ### Written Representations - 91 Port E Chee Avenue Douglas Isle Of Man IM2 5EZ | Objects to the proposal - 25 Ballanard Road Douglas Isle Of Man | Objects to the proposal - Kingston 23 Ballanard Road Douglas Isle Of Man | Objects to the proposal - 21 Ballanard Road Douglas Isle Of Man | Objects to the proposal - 15 Ballanard Road Douglas Isle Of Man IM2 5HP | Objects to the proposal ### Consultations Consultee: Highways Division Notes: Do not oppose Consultee: Douglas Corporation Notes: No objection Consultee: Disability Access Officer Notes:** Comment received
The Senior Planner has recommended that the proposed change of use ought to be determined by the Planning Committee.
4 February 2010 09/01744/C Page 1 of 6
The application site represents the residential curtilage of "Greystones" 19 Ballanard Road which is an existing detached dwelling at the junction of Port-E-Chee and Ballanard Road in Douglas. The property sits on a large plot and comprises a hipped roof dwelling with separate garage.
This planning application is seeking approval for the conversion of the existing residential accommodation into a private eye surgery. There would be no internal or external alterations to the dwelling.
The application site is located within an area of "Predominantly Residential Use" under the Douglas North Local Plan adopted by Tynwald in 1998. Within the adopted Isle of Man Strategic Plan, General Policy 2 is considered relevant and states: "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:
Community Policy 6 is also considered relevant and states: "New community health care facilities and extensions to existing facilities will be permitted provided that they: a) would not result in an over concentration of such uses in a particular area; b) would not have an unacceptable effect on the residential or prevailing character or amenity of the area; c) would be easily accessible; and d) would not have an unacceptable impact on the local highway network".
The following planning applications should be considered in the assessment of this current planning application:
PA 03/01368/B - Erection of a conservatory to rear elevation - Permitted
PA 05/92241/R - Retrospective application for the installation of a velux window on south east elevation and removal of chimney stacks - Permitted
PA 06/02021/B - Removal of existing front wall, erection of a replacement wall with electric gates, driveway amendments and enlargement of existing windows to side elevation - Permitted
The Douglas Corporation has no objection with the proposal. The Department of Transport Highways Division do not oppose as it has no traffic management, parking or road safety implications. It has been noted that the parking is provided in accordance with the IOM Strategic Plan.
The owners and / or occupier of 23 Ballanard Road, Douglas has objected to the proposed application and their reasons are summarised as follows:
The owner and / or occupier of 15 Ballanard Road, Douglas has objected to the proposed application proposed application and their reasons are summarised as follows:
The owners and / or occupier of 21 Ballanard Road, Douglas has objected to the proposed application and their reasons are summarised as follows:
The owners and / or occupier of 25 Ballanard Road, Douglas has objected to the proposed application and their reasons are summarised as follows:
The owner and / or occupier of 91 Port E Chee Avenue, Douglas has objected to the proposed application proposed application and their reasons are summarised as follows:
Access officer has commented on the application and the points raised are as follows:
Whilst the Highways Division has not raised any objection to the proposal, it is still considered that the proposal could give rise to potential conflict of highway users. The site can show 4 spaces for visitors, but this leaves only 1 real useable space for staff plus the garage. As the proposed use is for a doctor's surgery, it is reasonable to assume that the use would involve a high number of vehicle movements. The applicant has indicated that as it is a specialist proposal this would be much less than a normal doctor's surgery and is likley to be one patient per every half hour. Nevertheless, there is inadequate space for more than one car to manoeuvre and given that appointments may be at half hour intervals, it is likely that there will be vehicle conflict. This means that it is likely that a car will be entering into the site and reversing into a space at the same time that another car may be leaving increasing the risk of a car needing to reverse, or wait on Ballanard Road, which is a busy through route. Furthermore, the entrance to the site is in close proximity to a pedestrian crossing and the corner of Port E Chee Avenue. If a car is waiting on Ballanard Road, this would obscure visibility of the pedestrian crossing, increasing the risk of danger to pedestrians.
It is possible that cars could park on Ballanard Road or the adjacent streets where there are no waiting restrictions, however, the lack of double yellow lines does not infer that it is safe to park and parking on or near the corner of a road is inappropriate and dangerous. The application does not propose a separate entrance for pedestrians and vehicles and to suggest that some visitors park outside the site and walk will still involve pedestrian / vehicle conflict.
Although the application is for one doctor at the current time, there is adequate space for more than one consulting room and the site could accommodate 2 doctors, a nurse and a receptionist, with the potential for more. It is not appropriate to try to restrict the number of staff, the type of surgery, the number of appointments or the intervals between them, or the days of operation as it would not be practicable or reasonable to enforce such restrictions.
It is judged that the characteristics of patients visiting the property on a regular basis are different from family visitors, and would not be beneficial to the character of the surrounding residential environment. It is considered that the proposal would unduly harm the residential amenity of the neighbours due to the increased activity which would be less likely to occur if it was occupied as a single family dwelling only. As such, it is considered that a business of this type, in this locality, which increases traffic, would be unacceptable in this instance.
The proposed development would be contrary to General Policy 2 and Community Policy 6 of Isle of Man Strategic Plan 2007, and it is recommended that this planning application should be refused.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: Douglas Corporation The Department of Transport Highways Division The owners and / or occupiers of 21 Ballanard Road, Douglas The owner and / or occupier of 91 Port E Chee Avenue, Douglas Accordingly the following parties, that made representations, do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status: The owners and / or occupiers of 23 Ballanard Road, Douglas; The owners and / or occupiers of 25 Ballanard Road, Douglas; The owner and / or occupier of 15 Ballanard Road, Douglas; (The three properties along the Ballanard Road were not appointed party status as they are not adjoining the application site and would not be directly affected by the proposal) Access Officer
Recommended Decision: Refused
Date of Recommendation: 26.01.2010
The proposed development would be contrary to General Policy 2 and Community Policy 6 of the Isle of Man Strategic Plan, 2007 by reason that the development would provide inadequate parking, servicing and manoeuvring space which could result in additional on street parking to the detriment of residential amenity.
The proposed development would be contrary to General Policy 2 of the Isle of Man Strategic Plan, 2007 by reason that it would adversely affect the character of the residential property and the locality.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : Committee Meeting Date : Signed : Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
Members of the Planning Committee, in considering the report and following further advice from the highway officer resolved to amend reason for refusal 1 to the following: "The proposed development would be contrary to General Policy 2 and Community Policy 6 of the Isle of Man Strategic Plan, 2007 by reason that the development would provide inadequate parking,
servicing and manoeuvring space which could result in additional on street parking to the detriment of residential amenity".
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