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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 22/01365/C Applicant : Jennifer Brew Proposal : Additional use of residential property for medical aesthetics procedures Site Address : 15 The Meadows Kirk Michael Isle Of Man IM6 1EX

Planning Officer: Miss Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 17.01.2023 __

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. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), the ground floor study (marked green on the submitted floor plans) hereby approved shall not be used other than for medical aesthetics and for no other purpose in Classes 1.1, 1.2 or 4.1 of the Schedule of the Order at any time.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.

C 3. The use hereby approved shall only be for the benefit of the full time occupant of the dwelling in accordance with the details set out in the application and in an email from the applicant dated 30/12/2022.

Reason: The development has been assessed on this basis only as per the details submitted in the application in the interest of amenity and highway safety.

C 4. The use hereby approved shall only be available to customers during the following times:

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1000 hours - 1400 hours Monday to Friday only.

The use shall not be undertaken at any time on Saturdays or Sundays or Public Holidays.

Reason: The application has been assessed on this basis as set out in the application and in the interest of the amenities of the area.

This application has been recommended for approval for the following reason. By reason of its siting, scale and nature of use the proposal is considered to have an acceptable amenity and highway safety impact and to meet with the general standards of General Policy 2, and to meet with the principles of Spatial Policy 3, Strategic Policies 1, 2 and 9, Business Policy 10 and Transport Policy 7 of the Strategic Plan, and with the principles of sections 2.0 and 7.0 of the Kirk Michael Local Plan.

Plans/Drawings/Information;

This approval relates to Site Plan, Location Plan, Floor Plans and Google Map Image all date stamped and received 24/10/2022, and an email from the applicant dated 30/12/2022. __

Interested Person Status - Additional Persons

None __

Officer’s Report

THE SITE 1.1 The application site is the curtilage of 15 The Meadows, Kirk Michael, a detached dwelling located within a residential cul-de-sac of similar detached dwellings. The dwelling has two integrated single garages, and there is a driveway for the parking of at least three vehicles off the road.

THE PROPOSAL 2.1 The application seeks approval for an additional use of part of the property from a study room to provide a room for medical aesthetics procedures. There are no external alterations proposed under this application.

2.2 The application form indicates that the intentions are for the applicant (who is full time resident at the dwelling) to occasionally work from home between 1-2 days per week between 10am - 2pm, and with only 1 client arriving for set appointment times. Any deliveries will be via existing postal services and there will be no staff employed.

2.3 Further discussions and email from the applicant clarify the hours of operation to be Monday - Friday 10am - 2pm.

PLANNING HISTORY 3. 1 The dwelling has not been subject to any previous planning applications.

DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area zoned as "Predominantly Residential" identified on the Kirk Michael Local Plan 1998. Spatial Policy 3 recognises Kirk Michael as a service village. Strategic Policies 1 and 2 seek to make best use of sites and direct development to existing towns and villages. Strategic Policy 6 states that major employment generating development should be located in existing centres. Strategic Policy 9 and Business Policy 10 direct retail development to established town and village centres. Transport Policy 7 is to be read in

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connection with car parking standards at Appendix 6 whilst Community Policy indicates that community facilities should be located to serve the public and be accessible to non-car users.

4.2 Kirk Michael Local Plan indicates the retail area being in a linear arrangement clustered directly along the main road in the centre of the village. In addition to these policies the general standards in GP2 are also relevant in the assessment in determining visual and neighbouring amenity as well as highway safety. The KM Local Plan also contains some advice and policies at section 2.0 Retail and 7.0 Car Parking. 2.1-2.3 indicate that retail should generally follow the existing pattern in the village and 2.4 states that where retail developments are proposed "it should preferably be by conversion of existing properties". 7.11 states that developments of a specific nature may have particular parking requirements and "these should be considered on their merits and the degree of traffic generated, staffing levels and requirements for access by the general public with be factors in the estimation of the level of parking to be provided".

REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Kirk Michael Commissioners - no comments received as of 16/01/2023.

5.2 Department of Infrastructure Highway Services - do not oppose (11/11/2022) - no significant negative impact upon highway safety, network functionality and /or parking.

5.3 No comments received from the neighbours.

ASSESSMENT 6.1 Spatial Policy 3 recognises Kirk Michael as a service village and the site is within the settlement boundary. The facility proposed is perhaps not strictly retail but its nature provides a service to visiting members of the public and akin to such retail. Policies throughout the IOM Strategic Plan and Kirk Michael Local Plan seek to make best use of existing sites and buildings and sites all while ensuring that new development (including retail) is directed to appropriate existing and established town and village centres.

6.2 The site is within a residential estate very near to the centre of the village and a short walk from local bus routes and public car parking. It is recognised as being 'predominantly' residential.

6.3 The applicant has indicated in their submission the hours of work being normally between 10am - 2pm to match with school hours and for around 1-2 days a week although these days could differ between Mon-Fri. The applicant is the full time resident at the property and will be the only person employed for the business.

6.4 There will be additional coming and goings from the property as a result of the proposed use, although given the level of operation indicated by the applicant being fairly small scale and also being a single client at a time with no noisy activities expected it is unlikely that there will be such an increase as to result in any harm or adverse impacts on the amenities or living conditions of the neighbours.

6.5 Additional coming and goings could also bring increased traffic movements within the cul-de-sac. The hours of operation are outlined to be Monday - Friday and during the daytime hours (10-2pm) when it's likely that most people are out or at work and so generally the cul- de-sac and area is likely to be quieter. Nonetheless the dwelling is provided with off street parking capable of accommodating an additional vehicle off the road, also noting that the site can be reach on foot or from nearby public car park. Highway Services have also indicated that they do not object to the proposal.

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CONCLUSION 7.1 The proposed small scale additional use of one existing bedroom as a space to conduct the aesthetic business proposed is considered to be acceptable and not to result in any amenity or highway safety issues. It is appropriate to attach a condition to any approval which restricts the use of the business to the householder(s) only as this is how the application has been assessed, also a condition relating to operating hours and a condition ensuring the driveway remains free and available for parking at all times is also necessary to ensure of road parking is available unobstructed.

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: 25.01.2023

Determining officer Signed : J SINGLETON

Jason Singleton

Principal Planner

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.