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22/00276/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00276/B Applicant : Mrs Jamylea Ferns Proposal : Additional use of summer house as a beauty therapy business Site Address : 11 Glen View Road Onchan Isle Of Man IM3 4HL
Planning Officer: Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 24.05.2022 __
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 drawing no. GVH-01 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 use hereby approved shall only be for the benefit of Mrs Jamylea Ferns while they are resident at 11 Glen View Road, Onchan and no staff may be employed and/or work at the premises.
Reason: Although the specific details of this application have been found acceptable, any change to its operation will require fresh assessment.
C 4. Notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) Regulations 2013 (or any Regulations revoking and/or re-enacting those Regulations with or without modification) no advertisement on or within 11 Glen View Road may be displayed without the prior submission and approval of advertisement consent.
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22/00276/B Page 2 of 6
Reason: To control development in the interests of the amenities of the surrounding area.
C 5. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the building hereby approved shall be used only for the purpose hereby approved (beauty therapy) and shall not be used for any other purpose within Use Class 1.1 without the express grant of planning approval from the Department.
Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.
C 6. For the avoidance of doubt, should the summerhouse cease to be used for the business use hereby approved as specified in Condition 3 of the approval, the summerhouse may either be removed or only be used for purposes incidental to the enjoyment on the main dwelling house at 11 Glen View Road.
Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.
C 7. The business shall not operate outside of the operational hours stipulated in the application.
Opening Hours: Monday, Tuesday, Wednesday, Thursday, Friday: 10am to 3.30pm - 5.30pm to 9pm Saturday: 10am to 6pm Sundays: Closed.
Reason: In the interest of protecting neighbouring living conditions.
This application has been recommended for approval for the following reason. The application complies with General Policy 2, Business Policy 1 and Transport Policy 7 of the Isle of Man Strategic Plan 2016 and therefore acceptable.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 7th March 2022; o Site and Location Plan o Proposed Site Plan o Drawing No. GVH-01 o Planning Statement
This decision also relates to an email received on the 19th May 2022 which confirms the operation hours.
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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):
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22/00276/B Page 3 of 6
13 Glen View Road, Onchan as they 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 11 Glen View Road, Onchan which is a bungalow situated to the North West of Glen View Road which is a cul-de-sac.
1.2 The property has two parking spaces to the front elevation, which are in tandem.
THE PROPOSAL
2.1 The current planning application seeks approval for the erection of a summerhouse to the rear garden which is to measure 5m by 2.98m with an approximate height of 2.678m.
2.2 The summerhouse is proposed to be used for beauty therapy, such as nails, makeup, massages and eyelashes. The proposed operation time is 10am to 3.30pm - 5.30pm to 9pm Monday to Friday and 10am till 6pm Saturday. There is no hours proposed on Sunday.
PLANNING HISTORY
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 Predominantly Residential on the Area Plan for the East - Map 6 - Onchan. The property is not within a Conservation Area or a Flood Risk Zone.
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;
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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." (31.03.22)
5.3 No representation has been received from Onchan Commissioners at the time of writing this report.
5.4 The owner/occupier of No.13 Glen View Road, have written in to state that they would like interest person status and that they would like certain conditions to be abided to. (26.04.22)
ASSESSMENT
6.1 The main issues to consider in the assessment of this planning application are:
6.2 PRINCIPLE
6.2.1 In the first instance when looking at the principle of the use of a summerhouse, it should be acknowledged that permission has been approved and refused for the operation of businesses from a residential property, throughout the Island. In fact the Government's 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 No.11 Glen View Road is within a site zoned as 'predominately residential' and as such the change of use of the summerhouse would not comply with the land use designation in 3.1, however the application site will majority stay as a dwellinghouse. There are also no alterations proposed to the property as such there will be no visual impact on General Policy 2 of the Isle of Man Strategic Plan 2016 based on the proposed small scale use.
6.2.3 Within the supporting information provided, the applicant states, "I was awarded a grant as part of the Isle of Man Government from the micro business grant scheme back in 2017 to open my own salon on Victoria Street, I have continued to pay my rent, bills, National Insurance and Tax during the last few years despite the impact of Covid and providing care for her mother. Unfortunately, I have had to make the heart-breaking decision that the salon is no longer financially viable, and I will not be renewing my lease in April 2022."
6.2.4 When looking at the information received from the applicant there is the worry that the applicant is not just starting out with the potential to move into a town centre position when their business has organically grown enough, which is generally the reason for approving applications for working from home, but that the business is vacating a site within the town centre. The proposal in this sense does not comply with SP 9, BP 1 & 10 which focuses on the growth of employment opportunities throughout the Island.
6.2.5 Whilst the proposal does not comply with SP9, BP1 & 10 it is relevant to note that several applications for hairdressing/ beautification services have been approved where the information received has not informed the Department of whether they are starting out or currently situated within a town centre and there have also been several applications which have been approved via Planning Committee recently where an applicant has stated they are moving from a town centre position to working from home which have been approved under BP1 (20/00664/B, 20/00770/B & 20/01057/B).
6.3 NEIGHBOURING AMENITY
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6.3.1 Concerns can be raised by such proposals, namely relating to the impact upon on-street parking provisions and noise & general disturbances though people coming and going from the site. The applicants are the full time occupants of the property, living within the other rooms within the property and will be the only employee working from this address.
6.3.2 In terms of neighbouring properties, due to the nature of the business, with only a single client at a time and no noisy activities being carried out, it is considered unlikely that there will be significant impact on the neighbouring properties.
6.3.3 With regards to the parking available at the site, there is the two off road parking spaces required by Transport Policy 7 and in turn Appendix 7 of the Strategic Plan, but no parking has been provided for any clients.
6.3.4 This could raise issues with regards to traffic movements within the cul-de-sac, especially noting that the requested hours of operation are proposed till 9pm at night, when most occupants of the surrounding dwellings would be at home and not at work, or out for the day. Whilst this is the case it is noted Highway Services do not object to the proposal and the main street being a cul-de-sac means that there would be less movements generally. The road is wide enough to accommodate a parked car, without compromising the accessibility as such the proposal whilst limited on car parking is deemed acceptable.
CONCLUSION
7.1 For the above reasons the proposal is considered to comply with General Policy 2, Business Policy 1 and Business Policy 7 of the Isle of Man Strategic Plan 2016 and therefore acceptable.
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.
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Decision Made : Permitted
Date: 26.05.2022
Determining officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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