**Document:** DEC Officers Report **Application:** 14/00113/C — Change of use from existing estate agency to a beauty salon **Decision:** Permitted **Decision Date:** 2014-04-29 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/34410-braddan-29-duke-change-of-use/documents/1088415 --- # DEC Officers Report Case Officer: Mr Edmond Riley Photo Taken: 10.02.2014 Site Visit: 10.02.2014 Expected Decision Level: Officer Delegation ## Officer's Report 1.0 THE APPLICATION SITE 1.1 The application site is 29 Duke Street, Douglas, a mid-terrace building situated on the western side of a pedestrianised street. It is currently vacant and being marketed to let. 2.0 THE PROPOSAL 2.1 Full planning approval is sought for the change of use of the premises from estate agency to a beauty salon. The proposed floor plans show a main salon measuring around 32sqm, along with a private (treatment) area measuring approximately 6sqm along with a pair of WCs and a kitchen area; these last three rooms are shown as being separated from the main floor area by an internal door. No external alterations are planned. 2.2 Additional information was sought by the technical team in respect of staff numbers and business hours. This was duly provided by the applicants, who stated that initially two members of staff would be present in the premises, with this expected to increase to three or four as the business grows. Opening hours are anticipated to be 9am to 6pm Monday to Saturday, with the applicants continuing: "limited opening on Monday and perhaps extended hours on a Thursday". 3.0 PLANNING HISTORY 3.1 Two previous planning applications are considered relevant to the determination of this proposal: - 05/92291/C - Change of use of ground floor shop from retail to a general insurance brokers – APPROVED - 14/00070/B - Conversion from retail use to a café – APPROVED (this was at the adjacent unit, no.31 Duke Street) 4.0 PLANNING POLICY 4.1 The site is within an "Area of Predominantly Shopping Use" in the Douglas Local Plan 1998. 4.2 Three policies of the Isle of Man Strategic Plan 2007 are therefore considered relevant. General Policy 2 state: "Development which is in accordance with the land-use zoning and [Table omitted in markdown export] proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: - (c) does not affect adversely the character of the surrounding landscape or townscape; - (g) does not affect adversely the amenity of local residents or the character of the locality; - (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; - (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; - (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan" 4.3 Although the proposal does not relate to a retail use, it is considered appropriate to consider the application against the retail policies of the Strategic Plan in the absence of specific policies relating to beauty salon use (which is probably best described as a sui generis use). 4.4 Business Policy 9 states: "The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment." 4.5 Business Policy 10 states: "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5." 5.0 REPRESENTATIONS 5.1 Douglas Borough Council does not oppose the planning application. 5.2 Highway Services does not oppose the planning application. ## 6.0 ASSESSMENT 6.1 Firstly, it is important to reflect on the description of the planning application, which is for the "Change of use from existing estate agency to a beauty salon". This description does not reflect the planning history of the site, although it does reflect the use history – it is known that the unit was indeed previously (and most recently) used as an estate agency. As such, it would appear that the proper approval was neither sought nor granted for the previous estate agency use, which has, in any case and as noted, ceased. That being said, it is also true that it was the most recent use and one that members of the public in particular would most closely associate with the unit, rather than that of an insurance broker, the use of which ended some time ago. On this basis, while the application description might not necessarily be the most accurate, it is perhaps the most appropriate given the history outlined above. Whether approved or not, the current application will clarify the lawful use of the unit in Planning terms in any case. 6.2 Secondly, it is important to consider whether the site is an acceptable location in principle for a beauty salon use. The site is situated within Douglas town centre and is recognised as being within a predominantly shopping area in the Douglas Local Plan. As noted elsewhere, a beauty salon does not fall within the definition of retail as set out in the Town and Country Planning (Permitted Development) Order 2012 ("the PDO"), but it is appropriate to consider it as being very similar in terms of likely impact. In coming to this conclusion, regard has been had to the fact that hairdressing, which is a similar use to a beauty salon in that customers pay for a service rather than a good and spend a similar amount of time in both, does fall within the definition of "retail" in the PDO. Retail development is supported in this location and the principle of development is therefore considered acceptable. 6.3 The third issue relates to whether the proposed use is compatible with nearby uses. Although the site is located within an area designated as Predominately Shopping Use on the Douglas Local Plan 1998, the properties within the vicinity are occupied by a mixture of uses, including shops, hairdressers, food outlets, flats and offices. (Indeed, the adjacent unit at no.31 has recently begun operating as a café following planning approval granted under 14/00070/B.) The proposed use would be unlikely to detract from residential or commercial amenity to any significant degree. Due to this, and the type of mixed uses of properties within the surrounding area, it is considered that the proposed use would be acceptable in this locality. 6.4 Fourthly, no off-street parking would be provided as part of this proposal. Highway Services has not objected to this proposal, possibly due to the town centre location of the site. The building is a short distance from Lord Street, where there are bus links to and from the main towns on the Island. In addition to this, the site is within walking distance of on-street disc parking and public car parks. It is therefore felt appropriate to relax the parking standards in this instance. 6.5 The applicants have stated the intended opening hours. It is considered that these are acceptable, and reflect normal shop opening hours. The extended Thursday opening hours are not objectionable as no adverse impact is likely to arise from such a proposal; ditto the shorter opening hours on Monday. While it is considered to apply a condition to this effect to any approval notice that may be forthcoming, it is not judged appropriate to restrict opening hours on Mondays as this could be restrictive without good Planning reasons for so being. It is considered appropriate to restrict the later opening hours on Thursdays to 9pm. ## 7.0 RECOMMENDATION 7.1 For these reasons the proposals is considered to comply with the relevant polices of the Development Plan and is therefore recommended for approval. ## 8.0 INTERESTED PERSON STATUS 8.1 Highway Services is, by virtue of the Town and Country Planning (Development Procedure) Order 2013, Article 6(4)(d), considered "interested persons" and as such should be afforded interested person status. 8.2 The local authority, Douglas Borough Council, is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, Article 6(4)(e), considered an "Interested Persons" and as such should be afforded Interested Person Status. Recommendation Recommended Decision: Permitted Date of Recommendation: 21.04.2014 ## Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals ### 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. ### C 2. No customers shall be served or remain in the building outside the following hours: - Monday to Wednesday, and Friday to Saturday, inclusive 0900 to 1800; - Thursday 0900 to 2100. Reason: In the interests of public amenity. This approval relates to the following plan, date-stamped as having been received 30th January 2014: 36/2014/01. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer. Decision Made : Permitted Date : 25/4/14 ### Determining officer (delete as appropriate) Signed : _________________________ Chris Balmer Senior Planning Officer Signed : _________________________ Michael Gallagher Director of Planning and Building Control Signed : _________________________ Sennifer Chance Head of Development Management --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/34410-braddan-29-duke-change-of-use/documents/1088415*