**Document:** Planning Officer Report **Application:** 12/01219/C — Additional use dwelling as an office (retrospective) **Decision:** Permitted **Decision Date:** 2012-11-13 **Parish:** Santon **Document Type:** report / officer_report **Source:** https://planningportal.im/a/3328-santon-valley-crest-dwelling/documents/1541209 --- # Planning Officer Report [Table omitted in markdown export] Case Officer: Miss Laura Davy Photo Taken: Site Visit: Expected Decision Level: Planning Committee ### Officer's Report THIS APPLICATION IS BEFORE THE PLANNING COMMITTEE FOR DETERMINATION AS THE PROPOSAL IS NOT IN ACCORDANCE WITH THE LAND USE ZONING. ### Introduction 1. The application seeks approval for the additional use of the dwelling as an office within an area zoned as countryside. The application was deferred at the last committee meeting as Members sought further information on the highway implications of the proposal. In particular Members were interested in any accident statistics and what the actual visibility constraints of the access are. ### The Site 2. The application site is the curtilage of Valley Crest, Main Road, Santon which is a two storey detached dwelling situated to the northern side of the highway. There is a large garden area to the front of the property with parking and manoeuvring to the side, there is also a coach house at the end of the driveway which provides storage for the applicants business. ### The Proposal 3. The application seeks approval for the additional use of the dwelling as an office. The application proposes to use the ground floor of the dwelling as office accommodation for the applicant's business. The upper floors of the dwelling are used for residential purpose by the applicant. ### Planning History 4. In 2003 an application PA 03/01333/B for the change of use of the coach house to a storage facility for the applicant's business was submitted. This application was permitted. 5. Earlier in 2012 there was an application PA 12/00125/B submitted for the demolition of the existing outbuilding and erection of a log cabin. This application was permitted. 6. There are also another two applications, these have recently been submitted PA 12/00957/B and PA 12/00958/B and are still being considered. One was for the erection of a sun room extension, the other for the erection of a detached garage building with storage above. ### Development Plan Policies 7. The application site is in an Area of High Landscape or Coastal Value and Scenic Significance identified on the 1982 Development Plan. In the assessment of the application it is appropriate to consider Environment Policy 1, Environment Policy 2, Paragraph 9.3.3 and Paragraph 9.3.4 of the Isle of Man Strategic Plan (20th June 2007). ### 8. Environment Policy 1 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 development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding 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. ### 9. Environment Policy 2 The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and polices and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: a) The development would not harm the character and quality of the landscape; or b) The location for the development is essential. ### 10. Paragraph 9.3.3 The Department has supported the location of offices in town and village centres for several reasons: a) Such centres are accessible to all members of the community, staff and visitors alike; b) The activity and range of services contribute to the vitality and success of the centres; and c) The investment in property can be used to renew the ageing fabric of our town centre buildings. ### 11. Paragraph 9.3.4 There are exceptions to this general approach: a) Corporate Headquarters which do not attract day to day callers may usually be located on one of the Business Parks; b) Some of our larger buildings of acknowledged historic or architectural interest are unsuited to any but office use, which thus represents the best or possibly only opportunity to secure re-use of the building; and c) Working from home; where this does not result either in staff being employed or in day to day callers, there need be no detriment to the residential area, and there should be less travelling involved; this is also one way of encouraging the formation of new local businesses. The Department therefore proposes that, with these exceptions, the established policy for the location of new office space should be continued. ### Consultations 12. Highways Division - to provide an oral update further to their previous comments when they raised no opposition. 13. Santon Commissioners have not commented. ### Assessment 14. The application seeks approval for the additional use of the ground floor of the dwelling as an office for use in association with the applicant's business. 15. The applicant's business is called "Liftmann", they operate as lift engineers, and their work includes passenger and stairlift installations, maintenance, repairs and suppliers of Mobility Aids. 16. The previous application in 2003 was for the change of use of the coach house to a storage facility for the applicant's business. That application was approved and the coach house has been used to store lift parts for the business since 2004. 17. The business is as such that the majority of work is done at the customer's address in terms of lift installations and repairs. The business employs a number of lift engineers. At present the lift engineers visit the application site in the morning to pick up their jobs for the day and return in the evening to drop off their paperwork. 18. The business does not have day-to-day callers as their customers require the engineers to go out to their property rather than the customer go to the business. 19. The business is run by the applicant's themselves from the application site, they also employ their children, one who works from the house on a full time basis, the other is a trainee lift engineer. They also employ one other person who works on the accounts. 20. As background to the planning application, the applicants began operating the business from their dwelling under the provisions in Class 5 of Schedule 3 of the Town and Country Planning (Permitted Development) Order 2005 which allows for the working from home subject to no persons other than the householder working at the premises. The business has since expanded and now occupies the majority of the ground floor and employs at least one person who does not reside at the house. 21. Consequently, although the planning application seeks retrospective planning permission this is as a result of the natural evolution of the business. The applicants had submitted an application for a sun room extension, having looked at the plans and having carried out a site visit it was clear that the ground floor of the dwelling was being used as office accommodation for the applicant's business. This resulted in the Planning Authority writing to the applicant to request an application for the additional use of the dwelling. 22. The applicants were unaware that they needed to submit an application as they believed that this was covered under the 2003 application. The applicant had submitted information regarding the business as part of the 2003 application in terms of how the business is run, that engineers would visit in the morning and in the evening etc. Whilst this information had been provided the application was for the change of use of the coach house only and therefore did not included the additional use of the dwelling. 23. The business has been carried out from this property since February 2004, and has not been part of an enforcement investigation. No complaints have been received regarding the use of the dwelling. 24. Paragraph 9.3.4 point c) of the Isle of Man Strategic Plan refers to working from home. At this point it is appropriate to consider the impact on the residential area and whether there is less travelling involved. The application site is the applicant's home and therefore they would not need to travel to and from work. The engineers all have vehicles which they require for work; no matter where the main office is located the engineers would always need to visit the office in the morning and in the evening to collect paperwork for the day, so there would always be vehicle movements. 25. The application site is a significant distance from the closest neighbouring property, and is considered to be of a sufficient distance so that it would not adversely affect the amenities of those occupying the neighbouring properties. 26. For the above reasons the application is considered to be acceptable and is recommended for approval. 27. With regard to conditions, this is one of the few instances in planning where a personal permission would be acceptable if Committee members felt a condition was necessary and appropriate. The condition would be to ensure that the approved use continues only as long as the operators of the business are resident in the property. ### Party Status 28. The local authority, Santon Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. 29. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. ### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 02.11.2012 ### Conditions and Notes for Approval / Reasons and Notes for Refusal **C : Conditions for approval** **N : Notes attached to conditions** **R : Reasons for refusal** **O : Notes attached to refusals** **C 1.** This permission relates to the additional use of the ground floor of the dwelling as office accommodation, identified by the red line as shown on the location plan Ref 57.2.11 received 3rd September 2012. **C 2.** The use hereby permitted may only continue as long as the operators of the business reside in the property, upon their vacation, the use of the property shall be returned to being solely for residential purposes. --- *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/3328-santon-valley-crest-dwelling/documents/1541209*