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The application site represents a detached dwelling located to the north of Quine’s Hill (A25), Port Soderick, Braddan. Parking to serve the property is situated to the front of the dwelling, with a double garage.
The site is identified as being Residential and covered by Paragraph number 5.4 – 5.9 in the Braddan Parish District Plan Planning Circular 6/91. Business Policy 7 of The Isle of Man Strategic Plan states that:
“New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space
Whilst paragraph 9.3.3 states that "The Department has supported the location of offices in town and village centres for several reasons..." this is on relation to buildings designed for that purposes, as opposed to changes of use from a residential dwelling to office use.
There are no previous applications relating to the application site.
The application seeks approval for the additional use of the property as an office. No external alterations are proposed. Within the application two rooms have been identified for office use at ground floor level, one for post room/computer server, a boardroom and filing room. A bedroom, bathroom and sitting room would remain at first floor level, which is indicated for the use by the Managing Director.
Braddan Parish Commissioners advise that recommend that the application be reused as the use represents a non-conforming use and the access to the site is not sufficient to accommodate a commercial use. The Department of Transport Highways Division advise that the object to the proposal on the grounds that there is insufficient visibility for vehicles entering and leaving the site and the proposed works make no allowance for any improvements. The Isle of Man water Authority request a note be added and the Chief Fire Officer request a note advising that consultation is required with the Chief Fire Officer.
The dwelling is located within an area identified as being residential in nature in the adopted Braddan Local Plan, with Business Policy 7 of The Strategic Plan indicating that new office floor space should be located within town and village centres, on land which is zoned for that purpose on the appropriate area plan.
Within the adopted plan for the area, Planning Circular 6/91, the site is identified as being in residential in use, and whilst the submitted application indicates that an element of residential use would be retained within the building, the predominant use would be as an office. The applicant's agent indicates that there would be no callers to the property and that the only vehicle movements would be in the morning and evening as staff arrive and leave. The maximum number of staff arriving and leaving is indicated as 4 persons. However, although a condition may be attached to any subsequent approval restricting the use to the applicant company, it would not be possible to enforce a condition in relation to the number of staff or whether people may or may not visit the property for business purposes.
The Department of Transport Highways Division object to the proposal on the ground that the visibility from the access is inadequate to serve such a use, and whilst the applicants agent submits that the vehicular use would be no greater than that associated with a five bedroom property, no works are proposed within the application to improve the visibility splay other than a suggestion that a mirror be placed across the highway from the site, on land outside the application site and outside the ownership or control of the applicant.
The Isle of Man Strategic Plan does allow for exceptions to the general approach referred to earlier in this report, however, Paragraph 9.3.4 states that this is where (in the case of working from home) no staff are employed. The desire of staff to work outside Douglas is noted, however it is considered that the change of use of the dwelling to a predominantly office use is not acceptable in this location, given the predominantly residential nature of the surrounding area.
It is considered that the proposed use would be contrary to the zoning of the area and would result in the creation of an office use on land not zoned or designated for such a use, and would therefore be contrary to the provisions of Planning Circular 6/91 Braddan Parish District Plan and The Isle of Man Strategic Plan Business Policy 7.
It is recommended that the application 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:
Accordingly, the following parties are not afforded Interested Party Status:
Recommended Decision: Refused
Date of Recommendation:
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
The proposed use would be contrary to the zoning of the area and would result in the creation of an office use on land not zoned or designated for such a purpose, contrary to the provisions of Planning Circular 6/91 Braddan Parish District Plan and The Isle of Man Strategic Plan Business Policy 7.
The visibility from the existing driveway is inadequate and does not provide adequate stopping sight distance. Works suggested to improve visibility relate to land outside the ownership or control of the applicant and as such it is considered that the proposed increase in use of the property would be detrimental to all users of the adjacent highway.
Decision Made : _________________________ Committee Meeting Date : _________________________
12 July 2007 07/00781/C Page 4 of 4
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