**Document:** Planning Officer Report 09/01744/C **Application:** 09/01744/C — Change of use from residential dwelling to specialist consulting rooms **Decision:** Refused **Decision Date:** 2010-02-08 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/64006-braddan-greystones-dwelling-change-of-use/documents/1389751 --- # Planning Officer Report 09/01744/C **Application No.:** ** 09/01744/C ** **Applicant:** ** Mushtaq Khan & Geraldine Khan ** **Proposal:** ** Change of use from residential dwelling to specialist consulting rooms ** **Site Address:** ** - Greystones, 19 Ballanard Road, Douglas, Isle Of Man, IM2 5HA ### Considerations **Case Officer:** Mr Gary Barr ** **Photo Taken:** ** 22.12.2009 ** **Site Visit:** ** 22.12.2009 ** **Expected Decision Level:** ** Planning Committee ### Written Representations - **91 Port E Chee Avenue Douglas Isle Of Man IM2 5EZ** | Objects to the proposal - **25 Ballanard Road Douglas Isle Of Man** | Objects to the proposal - **Kingston 23 Ballanard Road Douglas Isle Of Man** | Objects to the proposal - **21 Ballanard Road Douglas Isle Of Man** | Objects to the proposal - **15 Ballanard Road Douglas Isle Of Man IM2 5HP** | Objects to the proposal ### Consultations **Consultee:** Highways Division **Notes:** Do not oppose **Consultee:** Douglas Corporation **Notes:** No objection **Consultee:** Disability Access Officer **Notes:** Comment received ### Officer's Report #### Background The Senior Planner has recommended that the proposed change of use ought to be determined by the Planning Committee. 4 February 2010 09/01744/C Page 1 of 6 ## The Site The application site represents the residential curtilage of "Greystones" 19 Ballanard Road which is an existing detached dwelling at the junction of Port-E-Chee and Ballanard Road in Douglas. The property sits on a large plot and comprises a hipped roof dwelling with separate garage. ### The Proposal This planning application is seeking approval for the conversion of the existing residential accommodation into a private eye surgery. There would be no internal or external alterations to the dwelling. ### Planning Status The application site is located within an area of "Predominantly Residential Use" under the Douglas North Local Plan adopted by Tynwald in 1998. Within the adopted Isle of Man Strategic Plan, General Policy 2 is considered relevant and states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: - (a) is in accordance with the design brief in the Area Plan where there is such a brief; - (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; - (c) does not affect adversely the character of the surrounding landscape or townscape; - (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; - (e) does not affect adversely public views of the sea; - (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; - (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; - (j) can be provided with all necessary services; - (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; - (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; - (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and - (n) is designed having due regard to best practice in reducing energy consumption." Community Policy 6 is also considered relevant and states: "New community health care facilities and extensions to existing facilities will be permitted provided that they: a) would not result in an over concentration of such uses in a particular area; b) would not have an unacceptable effect on the residential or prevailing character or amenity of the area; c) would be easily accessible; and d) would not have an unacceptable impact on the local highway network". ### Planning History The following planning applications should be considered in the assessment of this current planning application: PA 03/01368/B - Erection of a conservatory to rear elevation - Permitted PA 05/92241/R - Retrospective application for the installation of a velux window on south east elevation and removal of chimney stacks - Permitted PA 06/02021/B - Removal of existing front wall, erection of a replacement wall with electric gates, driveway amendments and enlargement of existing windows to side elevation - Permitted ## Representations The Douglas Corporation has no objection with the proposal. The Department of Transport Highways Division do not oppose as it has no traffic management, parking or road safety implications. It has been noted that the parking is provided in accordance with the IOM Strategic Plan. The owners and / or occupier of 23 Ballanard Road, Douglas has objected to the proposed application and their reasons are summarised as follows: - This area a residential area - Any further parked cars along the Ballanard Road would increase the existing problem - The application site is next to two road junctions which is not ideal - A recent application for a change of use from dwelling to dental surgery was refused in the same area The owner and / or occupier of 15 Ballanard Road, Douglas has objected to the proposed application proposed application and their reasons are summarised as follows: - A change to commercial premises in residential area (will there be large advertising signage) - The is existing congestion in the area which could be exacerbated by the proposal - Close to a zebra crossing and junction with Port-e-Chee Avenue The owners and / or occupier of 21 Ballanard Road, Douglas has objected to the proposed application and their reasons are summarised as follows: - The access could be dangerous with increased vehicle flow and if off street parking is fills there would be increased parking on public highway (which increases risk of accident and disruption) which is a very busy road - Concerned with potential commercial nature of the property within a residential area - Problems would arise with vehicles entering and exiting property on a commercial basis, with pavement immediately outside property The owners and / or occupier of 25 Ballanard Road, Douglas has objected to the proposed application and their reasons are summarised as follows: - This area is purely residential and any business is inappropriate - There is existing traffic problems due to increasing traffic load and existing parking problems in the area, together with busy junctions - Allowing a business nearby would result in further potential accidents The owner and / or occupier of 91 Port E Chee Avenue, Douglas has objected to the proposed application proposed application and their reasons are summarised as follows: - Parking, manoeuvring and access within Greystones would be problematic - Parking in the area would become more difficult as a result of development - Fail to see why a prime residential area should be needed to accommodate a business of this type - Additional consultants in the future would only increase the traffic and the hours of use Access officer has commented on the application and the points raised are as follows: - All doors need to be at least 800 mm wide - The ramp should be no steeper than 1 in 12 - To make premises more accessible for everyone the bathroom could be turned into a wet room ## Assessment Whilst the Highways Division has not raised any objection to the proposal, it is still considered that the proposal could give rise to potential conflict of highway users. The site can show 4 spaces for visitors, but this leaves only 1 real useable space for staff plus the garage. As the proposed use is for a doctor's surgery, it is reasonable to assume that the use would involve a high number of vehicle movements. The applicant has indicated that as it is a specialist proposal this would be much less than a normal doctor's surgery and is likley to be one patient per every half hour. Nevertheless, there is inadequate space for more than one car to manoeuvre and given that appointments may be at half hour intervals, it is likely that there will be vehicle conflict. This means that it is likely that a car will be entering into the site and reversing into a space at the same time that another car may be leaving increasing the risk of a car needing to reverse, or wait on Ballanard Road, which is a busy through route. Furthermore, the entrance to the site is in close proximity to a pedestrian crossing and the corner of Port E Chee Avenue. If a car is waiting on Ballanard Road, this would obscure visibility of the pedestrian crossing, increasing the risk of danger to pedestrians. It is possible that cars could park on Ballanard Road or the adjacent streets where there are no waiting restrictions, however, the lack of double yellow lines does not infer that it is safe to park and parking on or near the corner of a road is inappropriate and dangerous. The application does not propose a separate entrance for pedestrians and vehicles and to suggest that some visitors park outside the site and walk will still involve pedestrian / vehicle conflict. Although the application is for one doctor at the current time, there is adequate space for more than one consulting room and the site could accommodate 2 doctors, a nurse and a receptionist, with the potential for more. It is not appropriate to try to restrict the number of staff, the type of surgery, the number of appointments or the intervals between them, or the days of operation as it would not be practicable or reasonable to enforce such restrictions. It is judged that the characteristics of patients visiting the property on a regular basis are different from family visitors, and would not be beneficial to the character of the surrounding residential environment. It is considered that the proposal would unduly harm the residential amenity of the neighbours due to the increased activity which would be less likely to occur if it was occupied as a single family dwelling only. As such, it is considered that a business of this type, in this locality, which increases traffic, would be unacceptable in this instance. ### Recommendation The proposed development would be contrary to General Policy 2 and Community Policy 6 of Isle of Man Strategic Plan 2007, and it is recommended that this planning application should be refused. ### Party Status It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: Douglas Corporation The Department of Transport Highways Division The owners and / or occupiers of 21 Ballanard Road, Douglas The owner and / or occupier of 91 Port E Chee Avenue, Douglas Accordingly the following parties, that made representations, do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status: The owners and / or occupiers of 23 Ballanard Road, Douglas; The owners and / or occupiers of 25 Ballanard Road, Douglas; The owner and / or occupier of 15 Ballanard Road, Douglas; (The three properties along the Ballanard Road were not appointed party status as they are not adjoining the application site and would not be directly affected by the proposal) Access Officer ## Recommendation Recommended Decision: Refused Date of Recommendation: 26.01.2010 ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
0 : Notes attached to refusals ### R 1. The proposed development would be contrary to General Policy 2 and Community Policy 6 of the Isle of Man Strategic Plan, 2007 by reason that the development would provide inadequate parking, servicing and manoeuvring space which could result in additional on street parking to the detriment of residential amenity. ### R 2. The proposed development would be contrary to General Policy 2 of the Isle of Man Strategic Plan, 2007 by reason that it would adversely affect the character of the residential property and the locality. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made : Committee Meeting Date : Signed : Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO ### Supplementary Report Members of the Planning Committee, in considering the report and following further advice from the highway officer resolved to amend reason for refusal 1 to the following: "The proposed development would be contrary to General Policy 2 and Community Policy 6 of the Isle of Man Strategic Plan, 2007 by reason that the development would provide inadequate parking, servicing and manoeuvring space which could result in additional on street parking to the detriment of residential amenity". --- *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/64006-braddan-greystones-dwelling-change-of-use/documents/1389751*