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21/00519/C Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00519/C Applicant : Mr & Mrs J P Christian Proposal : Additional use of residential property as a therapy and treatment business Site Address : Luss House 14 Patrick Street Peel Isle Of Man IM5 1BR
Planning Officer: Mr Paul Visigah Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 01.07.2021 __
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 area of the building to be used for therapy shall be limited to that shown on the floor plans 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 3. The business use hereby approved is only for the provision of a therapy and treatment business and shall only be carried out by Mrs Gillian Christian and only whilst she is resident at 'Luss House', 14 Patrick Street, Peel, and no other staff may be employed and/or work at the premises. Upon the cessation of occupation by Mrs Gillian Christian the use for provision of a therapy and treatment business hereby permitted shall cease.
Reason: This permission is granted exceptionally and the Department wishes to have the opportunity of exercising control over any subsequent use in the event of the applicant ceasing the use hereby permitted.
C 4. The treatment parlour hereby approved shall operate only within the following times: 1800hrs to 2000hrs on Mondays - Fridays, 0900hrs-1700hrs Saturdays and not at all on Sundays.
Reason: In order to protect the amenities of the area for those living in the surrounding area.
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This application has been recommended for approval for the following reason. The proposal is considered to comply with General Policy 2, Environment Policy 35, Business Policy 1 and Transport Policy 7 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to the Floor Plans, Block Plan and Location Plan; Fire Safety Assessment; and Supporting Information date stamped and received 28 April 2021; and Email received 30 June 2021. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is the residential curtilage of Luss House, 14 Patrick Street, Peel an existing 3 storey mid terrace property situated on the northern end of Patrick Street and adjacent to the junction with Boilley Spittal road. The property faces directly on to the main highway.
1.2 At the rear of the property there is a small enclosed yard which is accessed from the small outlet at the rear by a single UPVC door. The site lies within the Peel Conservation Area.
2.0 THE PROPOSAL 2.1 The current planning application seeks approval for additional use of residential property as a therapy and treatment business.
2.2 No external alterations have been proposed.
2.3 The applicants have provided supporting information which indicates that: i. An existing bedroom on the second floor (by the stairs) will serve as the therapy room to provide holistic treatments (massage Therapies and facials). ii. It is estimated that a maximum of 15 clients would be received each week as the service would be offered on a part time basis by the applicant. iii. Only one applicant would be received at any time and treatment would be limited to one hour. iv. There is a free on-street parking outside and opposite the property. There is also access to a large free public car park (Market Street Car Park) approximately 46m away from the application property. Clients living locally would have the option of walking to the property.
2.4 The applicants have also provided A Fire Safety Report prepared by Capstone Risk Management dated March 2021 which concludes that the premises is considered suitable for the proposed use, and that residual risk would be low to clients and occupants. It further states that the existing fire safety measures within the premises are satisfactory for the additional proposed use.
2.5 The applicant has also provided additional information via an email dated 30 June 2021 which show that the business will be operational at the following times:
Monday - Friday: 6pm-8pm Saturday: 9am-5pm
3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site is in an area zoned as "Mixed Use" under the Peel Local Plan 1989. As previously mentioned, the application site is within the Peel Conservation Area.
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3.2 Given the nature of the proposal the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:
3.3 Environmental Policy 35 states: "Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
3.4 General Policy 2 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: (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space, and (i) does not have an unacceptable effect on road safety or traffic flows on the local highways."
3.5 Business Policy 1 of the Isle of Man Strategic Plan 2016 states; "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."
3.6 Transport Policy 7 of the Isle of Man Strategic Plan 2016 states; "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
3.6.1 Appendix A.7.6 of the Isle of Man Strategic plan 2016 should also be noted which stipulates that, for a typical residential development, two (2) spaces should be provided per unit, at least one of which is retained within the curtilage and behind the front of the dwelling.
"These standards may be relaxed where development: (a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or (b) would result in the preservation of a sensitive streetscape; or (c) is otherwise of benefit to the character of a Conservation Area. (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality."
3.7 Planning Policy Statement 1/01 contains more detailed advice about development within a Conservation Area:
3.7.1 POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area will be a material consideration when assessing the application." 3.7.2 POLICY CA/4 PROPOSALS FOR PRESERVATION AND ENHANCEMENT It is important that designation is not seen as an end in itself, but that there be an opportunity for the designation to be considered in a wider context, such as that of an area plan. It is this overview which will basically determine the long term validity and prosperity of the conservation area. For example, proposals and policies contained within an area plan may take the opportunity to improve matters such as traffic congestion in and around a conservation area by traffic management and improvement, the provision of off-street parking and the introduction of some pedestrian or bicycle priority ways. The plan will also prescribe the use of land and buildings within the conservation area and beyond and may indicate opportunities for enhancement by restoration and re-use, or if
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appropriate, for replacement of elements within the conservation area which detract from the special character of the area.
4.0 PLANNING HISTORY 4.1 The application site has been the subject of five previous planning applications, none of which are considered to be materially relevant to the current application.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 The Department of Infrastructure (DOI) Highways Division have indicated that they 'Do not oppose' in a letter dated 18 May 2021.
5.2 No comments have been received from Peel Town Commissioners at the time of writing this report, although they were consulted on 7 May 2021.
6.0 ASSESSMENT 6.1 The application seeks approval for the additional use of one room within the existing building as a therapy and treatment business. Therefore, the fundamental issues to consider in the assessment of this planning application are;
(i) the Principle (ii) the impact of the proposal on the surrounding area and the Conservation Area in which the property stands. (ii) the impacts on local highways,
6.2 Principle 6.2.1 The application property is located within an area designated for 'Mixed Use' as such there is a presumption in favour of commercial entities in the area. Given that Mixed use areas are characterised by a variety of food and drink uses, financial and professional services and other associated town centre uses such as hairdressers, beauticians and other retail services, the proposed therapy and treatment business within the application property would not be considered to be incongruous.
6.3 Impact on the surrounding area/Conservation Area 6.3.1 From supporting information provided by the applicant, it is noted that the proposed additional use would be on part-time basis with treatment carried out on a drop in basis when the applicant would be available in the evenings during the working week and for full opening on Saturdays, with a maximum of 15 clients seen each week; thus it is anticipated that two clients would be seen each day of the working week while the others would be allocated to Saturdays. This implies that clients would only be allowed to visit when the applicant which will be the sole operator of the business is free from other engagements to attend to clients. It is, therefore, considered that the frequency of treatments is such that would not impact on the amenity of the local area and that the comings and goings would not be no greater than for the average household. 6.3.2 As well, the Peel Local Plan 1989 allows for properties in the area being utilised for a mix of uses. Thus, it could even be the case that the residents in the nearby area may remain unaware that such a use has even been implemented at the property given the limited scale of the scheme. Based on the foregoing, the development is considered to comply with Business Policy 1.
6.3.3 Moreover, the scheme does not propose the use of advertisements on the building, and no alterations are proposed to the exterior of the property; conditions that would ensure that there would be no impacts on the character of the Peel Conservation Area which will remain unaffected by the proposal. These will ensure that the proposal complies with to EP35.
6.4 Highway Impacts
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6.4.1 In terms of impacts on parking and highways, it is considered that the property is within close proximity to public parking areas which have sufficient capacity to support the property and the surrounding mixed use area. It is also considered that the property is within a public transport corridor when the need for use of private vehicles would not be a core necessity for visitors of the business. As such, it is considered that the lack of designated parking at the application site would not be a negative for the development given the broad range of transport options available to prospective clients. Moreover, DOI Highways have also indicated that they do not oppose the scheme which clearly suggests their acceptability of the proposal. It is, therefore, considered that the proposed scheme would comply with GP2 (h & j) and Transport Policy 7.
7.0 CONCLUSION 7.1 On balance the application is considered acceptable and that there shall be no impact on the amenity of the neighbours or the designated Conservation Area. The application is therefore recommended for approval.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (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 a Principal Planner 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: 02.07.2021 Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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