**Document:** Officer Planning Report
**Application:** 05/01134/C — Change of use of former Plumbers Merchants to Garage, former Erin Supplies Site
**Decision:** Refused
**Decision Date:** 2005-08-24
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/78734-rushen-workshop-store-garage-change-of-use/documents/1447783

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# Officer Planning Report

## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations ### Policy

## Officer's Report

The site represents a piece of land on the northern side of Marina Lane to the east of the upper promenade in Port Erin.

The site is designated as Residential on the Port Erin Plan adopted by Tynwald in 1990.

There have been various previous applications for the redevelopment of the existing building on the site which was up until recently, used as a plumber's merchant's. The site is no longer used for anything. The most recent previous applications (PAs 04/0224 and 05/0875) were for a residential redevelopment, refused because of the impact on the properties to the rear. Those living on the other, southern side of Marina Lane would prefer that the site is redeveloped for housing and supported the most recent application for this (PA 05/00875). This application is currently the subject of a review.

This latest application proposes the retention of the building and its use as a garage. No changes would be introduced to the building. The building has a large door opening from which vehicles could gain access to and egress from the building. The building accommodates approximately 234 square metres of floor space. The applicant suggests that use would include servicing of vehicles and the sale of tyres. The applicant form suggests that the site was used as a garage prior to the use as a plumber's store.

DoT have objected on the basis that there is no information regarding vehicle movements or access.

Port Erin Commissioners raise no objection.

The residents of Eagle Mews raise objection to the application on the basis of traffic. They point out that when the premises were used as a garage previously, the environment was quite different and was indeed prior to Eagle Mews being approved and built. They also point out that the area in which the application is located is designated as Residential on the local plan and as such a garage would be contrary to this designation. They point out that vehicles awaiting servicing would need to park on the highway. They also express concern at possible noise nuisance through the use of pneumatic equipment etc along with dangers through the storage of fuel, oil etc.

The present use of the site is non-conforming in respect of the residential designation of the site. Perpetuation of this through the approval of another non-conforming use, possibly with more unneighbourly and unacceptable attributes and implications is clearly not acceptable. Perhaps the applicant sees this as a form of threat - if his planning application for the residential re-development is not successful he will open a garage. This is not persuasive - no-one had any objection to the principle of the residential re-development of the site, only the scale and massing of the scheme proposed.

The site is not suitable for accommodating a garage use without adversely affecting the amenities of those residential properties in Marina Lane.

### Recommendation

Recommended Decision: Refused

Date of Recommendation: 03.08.2005

C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
- : Notes attached to refusals

R 1. The site which accommodates the present Erin Supplies building, is located within an area designated on the Port Erin Plan as Residential and has to its north, west and south, existing residential property. The existing use is as such non-conforming compared with the use and land use designation of the surrounding area. The proposed use as a garage would also be non-conforming and approval of this change would perpetuate a non-conforming use in a substantial building in a cul de sac of otherwise residential property.

R 2. The site is not suitable for use as a garage as the proposed use would give rise to noise nuisance to existing adjacent residential properties through the traffic generated by and equipment associated with the proposed use.

R 3. There is no provision within the application site for the parking of staff or customers' vehicles. Such vehicles would as such have to be parked on Marina Lane which is likely to lead to congestion and the blocking of access to and manoeuvring space for existing properties in and around Marina Lane.

Decision Made : ...
Committee Meeting Date : ...

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*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/78734-rushen-workshop-store-garage-change-of-use/documents/1447783*
