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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00994/C Applicant : Ms Michele Richardson Proposal : Additional use of garage as a dog grooming parlour Site Address : East Craige St Judes Isle Of Man IM7 2EW
Planning Officer: Mr Paul Visigah Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 05.12.2022 __
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 business use hereby approved is only for the provision of dog grooming parlour and shall only be carried out by Ms Michele Richardson and only whilst she is resident at East Craige, St Judes, and no other staff may be employed and/or work at the premises. Upon the cessation of occupation by Ms Michele Richardson the use 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 3. The parking areas shown on the Proposed Plan (Drawing No. 2203/PL1000 rev A) shall be provided in accordance with the approved plan and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety.
C 4. The use hereby approved shall not operate outside the hours of 10.00 - 18.00 (Mondays to Fridays), and 10.00 - 15.00hrs (Saturdays).
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Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted, and in the interest of the amenities of the residents of neighbouring dwellings.
This application has been recommended for approval for the following reason. Overall, it is considered that the proposal would meet the aims of the policy while not having an adverse impact upon private or public amenities, or upon the countryside setting, especially as no physical works are required to be undertaken. Overall, it is considered the proposal would comply with Business Policy 1, Environment Policy 16, and Transport Policy 7 of the Strategic Plan.
Plans/Drawings/Information;
This approval relates to the documents and plans received 11 August 2022, and correspondence from applicant received 5 December 2022. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is within the curtilage of East Craige, St. Judes, which is situated at the St.Judes Cross Road. The site has significant mature landscaping along its boundaries with the A13 (Jurby Road) and Andreas Road which screens most of the site area from the adjoining highways.
1.2 The garage building which is the subject of the application sits to the northwest of the main dwelling on the broader site area. This two storey Manx stone building has its roof finished in sate. There are two garage door openings to the front of the property situated to the right of the entrance to the stairway. The site has two parking spaces to the side of the dwelling and further parking provisions situated northwest of the garage building.
2.0 THE PROPOSAL 2.1 Planning approval is sought for additional use of garage as a dog grooming parlour. This business would be run by the applicant who would work alone as a dog groomer.
2.2 It has been indicated on the application form that the applicant is in the process of purchasing East Craig and is seeking approval to change the use of part of the detached double garage at East Craig to a dog grooming parlour, so that she can relocate her existing business from Ellan Farm in Jurby to East Craig, upon completing the purchase. They state that the double garage will be divided by stud walls to section off the dog grooming parlour from the garage. The exterior of the garage won't be altered.
The applicant has also stated on the form that five parking spaces would be available to support the business, with sufficient on site turning availability.
2.3 The applicant has also provided a covering Letter which indicates the following: o The hours of operation are Monday to Fridays between the hours of 10.00 - 18.00, Saturday 10.00 - 15.00hrs. o The business would use part of the existing double garage. o There won't be alterations to the highway or any services as the existing driveway and building would be utilised.
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o There is ample parking on site and in the vicinity of the garage, for people that drop off their dog for grooming. o AS part of the service, the applicant offers pick up and drop off service for dogs that have been booked in to stay with her for the day. o The service (dog grooming) usually takes 1.5 to 2 hours.
2.4 No external alterations are proposed to the garage.
3.0 PLANNING POLICY 3.1 The application site is within an area recognised as being an area of 'woodland' under the adopted Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; nor within an area zoned as High Landscape or Coastal Value and Scenic Significance. The property is not prone to Flood Risks and there are no registered trees on site, although the eastern section of the site, particularly the parking by the side of the dwelling and part of the driveway are within a registered tree area.
3.2 Given the nature of the development and the proposed location, the following parts of the Strategic Plan are considered relevant:
3.3 Business Policy 1 which sets out that the growth of employment opportunities throughout the Island will be encouraged.
3.4 Environment Policy 16: The use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use may be permitted where: a) it is demonstrated that the building is no longer required for its original purpose and where the building is substantially intact and structurally capable of renovation; b) the reuse of the building will result in the preservation of fabric which is of historic, architectural, or social interest or is otherwise of visual attraction; c) it is demonstrated that the building could accommodate the new use without requiring extension or adverse change to appearance or character; d) there would not be unacceptable implications in terms of traffic generation; a) conversion does not lead to dispersal of activity on such a scale as to prejudice the vitality and viability of existing town and village services; and f) the use of existing buildings involves significant levels of redevelopment to accommodate the new use, the benefits secured by the proposal in terms of impact on the environment and the rural economy shall outweigh the continued impact of retaining the existing buildings on site.
Proposals to convert rural buildings to residential accommodation will be considered along with the advice given at Section 8.10 of this document."
3.5 Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under- used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
3.6 General Policy 3 presumes against development in areas not zoned for development. However, the site is within an established residential curtilage and within an area with dwellings. As such, the general 'Development Control' considerations set out in General Policy 2 are relevant, particularly those that relate to the wider impact (the amenity of local residents or the character of the locality) and parking/access/highway safety.
3.7 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future
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development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
3.8 Transport Policy 7 in connection with Appendix 7.6 which sets out the requirement for parking standards.
(a) the retail sale of goods other than hot food; (b) a post office; (c) a travel agency or the sale of tickets; (d) the sale of hot drinks, sandwiches or other cold food for consumption off the premises; (e) hairdressing or the provision of beauty treatments; (f) the grooming of pets where no element of kennelling is provided;"
5.0 PLANNING HISTORY 5.1 There are no previous applications in relation to the application site or the broader site area and main dwelling that are considered relevant in the assessment of this application.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' (26 August 2022). They find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking.
6.2 Andreas Parish Commissioners have no objection to this application (07 September 2022).
6.3 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of the current planning application are: a. The principle of the proposed use; b. Compliance with Environment Policy 16; c. Impacts on neighbouring amenity; and d. Potential Highway Impacts/Impacts on parking
7.2 PRINCIPLE (T&CP USE CLASSES ORDER & BP 1) 7.2.1 In assessing the principle of the proposed additional use of the detached garage, it is important to acknowledge that permission has been approved and refused for the operation of businesses (i.e. beauty treatments, hairdressers & tutoring) from residential properties throughout the Island.
7.2.2 It is also important to consider that 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.
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7.2.3 Another issue that needs to be considered in terms of the principle is the impact on the nearby town centre. It is 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.
7.2.4 Accordingly, whilst the proposed use does not comply with the land use designation; this is not an automatic reason to refuse the application as further material planning matters as indicated previously (7.1 of report) need to be considered, to determine if the proposed development would be appropriate for the site.
7.3 COMPLIANCE WITH EP 16 7.3.1 In assessing compliance with Environment Policy 16, it is considered that as the use would be an additional use, redundancy of the existing building does not need to be demonstrated, and as the use would be complimentary to the existing garage use. The works would also result in the preservation of the existing building as there would be no external alterations or extensions to the building, and any revenue generated form the business to serve to facilitate the repair and maintenance of the building where and when required. More so, the proposal would not involve redevelopment to accommodate the new use.
7.3.2 The matters related to traffic generation are addressed in 7.5 of the report, while the issues related to dispersal of activity have also been assessed in Paragraph 7.2.3 of this report, and as such would not be assessed here.
7.3.3 Based on the foregoing, it is considered that the requirements of Environment Policy 16 are met in this case, where an existing rural building is used for new purposes.
7.4 NEIGHBOURING AMENITY (GP2) 7.4.1 In terms of potential impacts on neighbouring amenity, it is considered that there is potential for the proposal to impact on neighbours, particularly as it relates to noise and general disturbances through people coming and going from the site, as well as noise from the dogs brought to site. However, the location of the garage within close proximity to the existing highways where there is already a high degree of traffic/passers-by would serve to ameliorate any impacts on neighbours particularly for the occupants of Craig Cottage situated about 30m southwest of the garage.
7.4.2 Further to the above, the fact that only one dog would be at the premises over a 1 and half hour to 2 hour period, as only the applicant would be working from the site is such that would be within acceptable limits as the use would not be considerably different from a situation where dogs are kept on a site within a normal domestic situation. The closing time which does not go beyond 6pm would also serve to further diminish any noise impacts on neighbours.
7.4.3 Given the above, it is not considered that any impacts on neighbouring amenity would be such that would warrant refusal of the application.
7.5 HIGHWAY IMPACTS/IMPACTS ON PARKING (TP 7 & GP2) 7.5.1 In terms of potential impacts on the nearby highways, it is considered that the existing highways are of a standard sufficient to accommodate any increased traffic resulting from the development. Likewise, it is not considered that the proposed scheme would undermine safety for road users visiting the area, as although the proposal would involve conducting commercial activity in a countryside location that is occupied by mainly residential properties, the traffic and customer behaviour is similar to a typical household visitor when observing from the
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outside, particularly as the scale of the business is small. As such, it is not considered that the proposed commercial activity would dramatically change the existing conditions in terms of highway safety.
7.5.2 With regards to parking, it is considered that the business would be afforded five parking spaces, as such it is considered there would be adequate off-road parking to support the business. Also the staggered client times and the business offering to provide pick up and drop off services would mean that the requirement for more clients to visit the site would be reduced.
8.0 CONCLUSION 8.1 The proposal is considered to comply with Business Policy 1, Environment Policy 16, Transport Policy 7 and General Policy 2 of the Strategic Plan. Therefore, it is recommended for approval.
9.0 INTERESTED PERSON STATUS 9.1 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.
9.2 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: 09.12.2022
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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