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22/00240/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00240/B Applicant : Miss Sue Neighbour Proposal : Erection of a log cabin in rear garden for residential use/dog grooming business Site Address : 40 Cronk Cullyn Colby Isle Of Man IM9 4PS
Planning Officer: Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 18.05.2022 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The use of a log cabin for a dog grooming business is not in accordance with the "predominately residential" land use designation of the Area Plan for the South.
R 2. The proposal does not have the required parking spaces available as per Transport Policy 7 in connection with Appendix 7 to be deemed acceptable.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2): 73 Cronk Cullyn, Colby 38 Cronk Cullyn, Colby 75 Cronk Cullyn, Colby 43 Cronk Cullyn, Colby 74 Cronk Cullyn, Colby 42 Cronk Cullyn, Colby
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As they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (January 2020).
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2): 22 Cronk Cullyn, Colby 86 Cronk Cullyn, Colby Greenmantle, Cronk-y-Thatcher, Colby 68 Cronk Cullyn, Colby 77 Cronk Cullyn, Colby 20 Cronk Cullyn, Colby 32 Cronk Cullyn, Colby 29 Cronk Cullyn, Colby 81 Cronk Cullyn, Colby 48 Cronk Cullyn, Colby As they do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (January 2020). __
Officer’s Report
THE APPLICATION SITE
1.1 The application site is within the curtilage of 40 Cronk Cullyn which is a terraced two bedroomed bungalow situated to the South of Cronk Cullyn. The property has a rear garden, which is where the proposed works are situated, that can be accessed separately of the Cronk Cullyn road situated to the East of the site.
1.2 Due to the positioning of No.40 and No.41 Cronk Cullyn in the estate, the parking spaces available to them are situated next to the garden of No. 41 Cronk Cullyn.
1.3 It should be noted that No.40 Cronk Cullyn has the floorplan in that the front elevation houses the two bedrooms and the rear elevation houses the main living of the property, the kitchen/dining/living area.
THE PROPOSAL
2.1 The current planning application seeks approval for the erection of a log cabin to the rear garden of No.40 Cronk Cullyn, which is to provide a dog grooming business and for the occasional use as ancillary to the main dwelling. The log cabin measures 3.5m by 5.5m with an overall height of approximately 2.45m.
2.2 The proposed opening and closing times of the dog grooming business is; Monday - 10am to 3pm Tuesday to Friday - 9am to 5pm Saturday - 8.30am to 2pm
2.3 The proposed opening times does not include Bank Holidays and Sundays.
2.4 It should be noted that No.40 Cronk Cullyn is in the ownership of a family member of the applicant. The application does not live full time at the site.
PLANNING HISTORY
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3.1 The previous applications are not relevant in the assessment of this application.
PLANNING POLICY
4.1 The site lies within an area zoned as "Proposed Residential" on the Area Plan for the South
4.2 In terms of the Strategic Plan (2016) the following Strategic Policies are the most relevant.
4.3 The following Strategic Policies are also relevant;
REPRESENTATIONS
5.1 The following representations can be found in full online, below is a short summery;
5.2 Highway Services have considered the proposal and state "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking." (17.03.22)
5.3 Arbory and Rushen Parish Commissioners have considered the application and Object to the proposal on the basis of land zoning, parking and additional noise. (23.03.22)
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5.5 Comments of these parties can all be viewed in full online via the planning website. The below are some comments which are material when considering the application;
ASSESSMENT
6.1 The main issues to consider in the assessment of this planning application are:
6.2 PRINCIPLE OF THE OPERATING A BUSINESS FROM THE SITE
6.2.1 When looking at the principle of the additional use as a dog grooming business it should be acknowledges that planning permission has been approved and refused for the operating of a business (i.e. beauty treatments, hairdressers, gyms and tutoring) from residential properties throughout the Island. In face the Permitted Development Order permits a number of business operations to be run from a dwelling, these including child minding (up to 6 children), Bed and Breakfast (up to 3 bedrooms) and an occupant of a dwelling can operate any business from home (no visitors/staff allowed) via a home office within the property.
6.2.2 Another factor to look at when assessing the principle of the development is whether there would be an impact on the nearby town centre. Cronk Cullyn as an estate is situated within Colby, which whilst it has a shop and some amenities, there are no rental options, as such the closest Town Centre to the property would be Port Erin/ Port St Mary.
6.2.3 It is also generally presumed that new commercial uses will be directed towards existing commercial areas. However, the impact of a single employee operating in this location is unlikely to draw materially harmful levels of trade away from the town centre. Moreover, such small businesses could enable the growth of a business that would eventually achieve a sufficient turnover as to encourage its moving into larger, more attractive and more appropriate commercial premises in that town centre in due course.
6.2.4 Accordingly, whilst the proposed use does not comply with the land use designation; this is not an automatic reason to refusal the application. Other material considerations as listed in paragraph 6.1 of this report need to be considered.
6.3 OWNERSHIP AND PARKING
6.3.1 Generally when an applicant is wanting to do a business from a property, whatever the business, there is the assumption that the applicant is the home owner, which is why the
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Department generally puts conditions to state that the business is only allowed whilst the applicant is in full time residency.
6.3.2 In this application the case is that a family member owners the property and the applicant is going to travel to the site to work and travel back home again.
6.3.3 This can potentially raise issues with regards to parking on the site. To comply with Transport Policy 7 and in turn Appendix 7 of the Isle of Man Strategic Plan, the property must have two parking spaces, unless these parking standards have been relaxed. For this application, as the applicant has stated there is only one current occupant, it needs to be noted that the residential parking standards would be the same whether there is one person living in the property or more.
6.3.4 Normally a property would have the two spaces of which, depending on circumstances, such as the general surrounding area, parking available, bus routes etc. could be relaxed to one space for the property and one space for a client.
6.3.5 What we have with this application, is that there is to be one space for the property and then another space for the owner of the dog grooming business, with another space required for the dropping off and picking up of the dogs.
6.4 THE POTENTIAL IMPACTS UPON NEIGHBOURING AMENITIES
6.4.1 When looking at proposals where the applicants are proposing to work from home one of the main aspects is whether there is an impact upon the neighbour's amenities, namely related to the impact upon on-street parking provision (discussed above) and noise & general disturbances through people coming and going from the site.
6.4.2 The location of a property can heighten the impact of people coming and going from a property, for instance in a quiet residential cul-de-sac having a number of persons over the course of a day, can have a much greater impact to residential amenities than to a property along an active highway, where there is already a high degree of traffic/passers-by.
6.4.3 Whilst No.40 Cronk Cullyn is along the main road, the accessibility to the rear of the property and the parking available to the property is down a separate through road. Due to this there is the potential that there is the potential for a greater impact from the vehicles passing and parking to drop/pick up the dogs.
6.4.4 It is likely that most neighbours would not notice the coming and goings from the property from the requested opening times as they would be at work (albeit greater number of people now work from home) or similar to visitors coming and going from properties along the road. However, this is as long as the business is operated correctly. While the applicant's aim of how the business would be run does give comfort, it is difficult to say for certain this would occur and there is potential for there to be a cross over between a person picking up and a person dropping off and also how dogs behave, which is difficult to predict.
6.4.5 Whilst the above is noted, it is necessary to note that there could be a feeling of a lack of privacy to No.42 Cronk Cullyn who are directly beside the proposed parking. It is noted that within the North West elevation the only windows and doors are to a utility room and garage.
6.4.6 Overall, from this point whilst the dog grooming business will be increasing the level of persons coming and going from the site and increase the likelihood of disturbances, it is not considered for the reasons given the impacts would be so great to warrant a refusal.
CONCULSION
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7.1 Overall, it is not considered the proposal would result in a significant adverse impact upon neighbouring amenities but would have a significant impact upon the on street parking.
7.2 Applications for 'working from home' are to assist in the home owners to get their business to a certain point in which they would be moving from the site into a more town centre position. The proposal here is not for the home owner but a family member which raises issues in itself. This brings concern that similar applications could be brought forward to the Department which would ultimately undermine the reasoning for allowing certain 'working from home' uses.
7.3 There is also that several aspects of this proposal show a separation from the main dwelling and the proposed business, the fact remains that the site is not designated for commercial/business use, rather 'predominantly residential' and this separation is unacceptable.
7.4 Accordingly, the proposal is recommended for refusal.
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 : Refused Date: 18.05.2022
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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