**Document:** Officer Report **Application:** 18/00482/C — Change of use from Dental Laboratory and associated office accommodation to Dog Day Care **Decision:** Permitted **Decision Date:** 2018-07-17 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/11618-lezayre-2-concorde-change-of-use/documents/983641 --- # Officer Report **Application No.:** 18/00482/C **Applicant:** Miss Donna Grose **Proposal:** Change of use from Dental Laboratory and associated office accommodation to Dog Day Care **Site Address:** Unit 1 & 2 Concorde House Westbourne Road Ramsey Isle of Man IM8 2ER Senior **Planning Officer:** Mr Jason Singleton **Photo Taken:** 02.07.2018 **Site Visit:** 02.07.2018 **Expected Decision Level:** Planning Committee **Recommended Decision:** Permitted **Date of Recommendation:** 03.07.2018 _________________________________________________________________ ## 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. - C 2. The dog day care use, hereby approved, shall accommodate no more than 20 dogs on site at any one time. Reason: In the interest of protecting the amenity of the neighbouring properties in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016. - C 3. The dog day care use, hereby approved, shall only be open for use by customers and/or their pets, between the hours of 0700 and 2000 hrs Monday to Friday and 0900 and 1500 on Saturdays and Sundays. No customers or their pets shall be allowed onsite outside of these hours or on Bank holidays. No dogs shall be kept onsite overnight. Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016. - C 4. The parking area as shown on drawing 'Ground Floor Proposed', shall not be used for any purpose other than the parking of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking of vehicles in the interests of highway safety and in accordance with General Policy 2 of the Isle of Man Strategic Plan. ### Plans/Drawings/Information: This approval relates to drawings referenced Plan 1, ground floor plan existing, first floor plan existing, proposed ground floor plan, proposed first floor plan and Management Plan, all date stamped 2nd May 2018. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ ### Officer’s Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NATURE OF THE PROPOSAL AND THE OBJECTION FROM LOCAL AUTHORITY ## THE APPLICATION SITE 1.1 The application site is Units 1 & 2 Concorde House, Westbourne Road, Ramsey. - 1.2 The building is a commercial property known as Concorde House, an L, shaped building, two storeys high with a flat roof. The building comprises 5 Units (1, 2, 3a, 3b and 4) which sit to the east of Westbourne Close. The building is set back from the edge of the highway with parking fronting onto the highway. The upper floor of the building adjacent building is currently used as a dog grooming facility which is not associated with the current application and the ground floor is used as a commercial letting operation. - 1.3 To the north of the site is the bus station, bus garage and parking area for the buses. To the east is Elm church "Church on the Rock". To the south and west are generally two storey terraced, residential properties and some semi-detached dwellings. To the immediate south of the building is a lane that connects onto Princess Road to the east of the site. PROPOSAL 2.1 Proposed is the change of use from Dental Laboratory and associated office accommodation to dog day care. The hours of operation, as stated, would be Monday to Friday, 0700 - 2000hrs; Saturday and Sunday 0900 - 1700hrs. The applicant states; "to keep noise levels at a minimum I will be introducing a no bark policy". - 2.2 The scope of works would not include any physical alterations to the building and would utilise the existing floor plan across both floors. The floor plan as labelled on the drawings would see on the ground floor as; 3 parking spaces to the front of the property; a reception room and to the rear of this, two separate rooms, both play areas; one for puppies and small dog and the larger of the rooms used as a play area for medium to large dogs. The first floor would be used for a storage room, office, shared kitchen and toilet facilities and staff room. - 2.3 A management plan has been included with the submission which explains that the business will operate with only one member of staff (the applicant) and aims to look after up to 10 dogs. Should the number of dogs exceed 10, she would employ more staff so there is a ratio of 1 person per 10 dogs, with an upper limit of 20 dogs. The applicant details, she has been on a course specifically for running a doggy day-care and would introduce a 'no barking policy' to keep the noise levels down. If a dog barks it will be put into a crate, to start with this will be for 30 seconds if they carry on barking they will be put back into the crate for 1 minute, each time the dogs barks it goes into the crate increasing the time each time it goes into the crate, however the dog will only be crated for 2 minutes. The dog will learn that every time it barks it will go into time out in the crate, the dogs will then learn not to bark. They applicant knows that this approach works as they went to a dog daycare facility in Scotland to do a dog daycare course which she passed and is now a fully qualified dog daycare trainer. Here she learned the no barking policy, how to control a group of dogs and the day to day running of daycare. This daycare had up to 60 dogs in a day. They were all taught the no barking policy and so there was minimal noise. No dogs would be left unattended at a time and the three parking spaces to the front would be used for customers drop off and pick-ups. Dropping off and picking up will be staggered throughout the day. Weekend activities will not be every weekend and will likely be only once a month with no more than 10 dogs. ## PLANNING HISTORY 3.1 The application site has been the subject of a number of previous planning applications over the years that are considered specifically material to the assessment of this current planning application. 05/00212/C - Change of use from existing office / light industrial usage to dwelling. Withdrawn. 05/01124/A - Approval in principle for the erection of a residential development of one house and two flats with front gardens and off street parking to replace existing office/light industrial unit. Approval extended to 4/8/08. Del item 27. 17/8/07 91/00508/C - Change of use of first floor from office to dental laboratory with office accommodation, Concorde House, Westbourne Road, Ramsey. Approved 98/01680/A - Approval in principle for conversion of warehouse, stores and offices for residential use, 17 & 18 Westbourne Road, Ramsey. Approved. 91/00046/C - Change of use from warehouse to snooker club, Concorde House, Westbourne Road, Ramsey. - Refused (on review) 87/04681/C - Change of use of ground floor to warehousing and retail outlet and first floor offices, Concorde House, (formerly Westbourne House), Westbourne Road, Ramsey. Approved (on review) ## PLANNING POLICY 4.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Ramsey Local Plan 1998 Map 2 (south). 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application; - 4.3 General Policy 2 (GP2) (in part) 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: (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; 4.4 Environment Policy 22 states: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: iii) vibration, odour, noise or light pollution. REPRESENTATIONS 5.1 Ramsey Town Commissioners object (received on 28/06/18); - (i) the proposed site does not have any appropriate garden or similar area for exercising dogs. (ii) the use is likely to cause a noise nuisance from barking dogs despite the adoption of a no barking policy. 5.2 Highways Services have commented (08/06/18 & 14/06/08) with concerns regarding the amount of parking available and the size of the parking spaces. Highways services would like to see a condition attached to ensure the three existing parking spaces are retained for customer use and kept available at all times. ASSESMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; - (i) the principle of development; - (ii) the impact on the surrounding area and street scene, and - (iii) the impact upon highway safety. Principle 6.2 The use of the building 'Concorde House' for commercial purposes is at odds within the surrounding residential area. More notably to the north of the site is the bus station. Looking at the history of the building(s), the uses have always been of a commercial orientated use. A dog day care use, does not fall into any established use classes (it is considered 'sui generis') and is unique. Given the history and previous uses of the property, it is acceptable the use other than residential is long standing. On the principle of the business being a commercial operation, it is considered that the proposed use for dog day care would be acceptable. Impact 6.3 The comments received from the Commissioners as noted in paragraphs 5.1 have been considered as part of this proposal and taken into account. The care of dogs could involve the generation of noise from barking and the comings and goings of customers. In such facilities in built up areas, particularly in residential neighbourhoods, the use can result in a statutory nuisance issue arising from the barking dogs. In this instance the dogs are to be kept indoors and cared for, any noises from the premises would be contained within the building. The applicant is to adopt a best practice method of a 'no bark policy' and would see 1 carer per 10 dogs. Excessive barking would be addressed by those members of staff who are caring for the dogs who will themselves not want to endure the noise within the building. It is not in the interests of those working within the building to have dogs barking loudly, frequently or constantly. - 6.4 Given the context of the area and the location of the building adjacent to an existing commercial bus station/garage/parking area, the level of noise associated with such use is already above general background noise levels. In this instance the proposed use for a dog day care would not be considered to be contrary to Environment Policy 22 where an unacceptable harm would be caused to the residents or other users of the adjoining buildings from noise pollution. However, it cannot be ruled out that some noise could be audible from outside of the site even though the dogs would be cared for within the building. In this instance, the level of noise is likely to be lower in volume, partially attenuated by the fabric of the building and intermittent. It would not be judged to lead to a significant and constant noise nuisance that would be detrimental to the neighbouring properties or residential neighbours. - 6.5 The suggested hours of operation will be limited to daytime (0700 - 2000hrs) and no dogs are proposed to be kept on site after hours or overnight. It is not accepted that noise nuisance is a valid reason for refusal in this case, subject to conditions controlling the hours of use and the maximum occupancy. Indeed, there are no objections from any local residents. Highway safety 6.6 The use of the building would also include the use of the three vehicle parking spaces to the front of the property. The applicant lives in Ramsey and has confirmed they would be walking to work and any staff would be encouraged to do so, enabling the three parking spaces to be retained for customers. It is noted that some customers in the locality may walk to the premises, and drop off and collection times could be staggered to ensure there is parking available. The nature of the business would see customers being present for only short periods of time (5-10 minutes) to either drop off or collect, rather than staying for any length of time on site. - 6.7 Highway Services have confirmed they don't object subject to a condition retaining the three parking spaces in conjunction with the use of the building on a permanent basis to ensure there is adequate parking to serve the development. ## CONCLUSION 7.1 Taking into consideration the above, the level and scale of the change of use proposed within this planning application are not judged to cause harm to the character and quality of the surrounding area. As such the proposal is therefore considered to be in accordance with General Policy 2 (c); (g); (h) and Environment Policy 22 (noise) of the Isle of Man Strategic Plan 2016 and is recommended for approval. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: - (a) The applicant, or if there is one, the applicant's agent; - (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; - (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material - (d) Highway Services Division of Department of Infrastructure and - (e) The local authority in whose district the land the subject of the application is situated. 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 in Article 6(4) who should be given Interested Person Status. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority. Decision Made : Permitted Committee Meeting Date: 16.07.2018 Signed : Mr C Balmer Presenting Officer Further to the decision of the Committee an additional report was required. YES/NO See below ### Planning Committee Decision 16.07.2018 Application No. : 18/00482/C Applicant : Miss Donna Grose Proposal : Change of use from Dental Laboratory and associated office accommodation to Dog Day Care Site Address : Unit 1 & 2 Concorde House Westbourne Road Ramsey Isle of Man IM8 2ER Senior Planning Officer : Mr Jason Singleton Presenting Officer Mr C Balmer Addendum to the Officer’s Report After discussion the Planning Committee agreed with the recommendation subject to Condition 3 being altered to remove reference to Bank Holidays. ### Conditions of Approval - 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. The dog day care use, hereby approved, shall accommodate no more than 20 dogs on site at any one time. Reason: In the interest of protecting the amenity of the neighbouring properties in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016. - C 3. The dog day care use, hereby approved, shall only be open for use by customers and/or their pets, between the hours of 0700 and 2000 hrs Monday to Friday and 0900 and 1500 on Saturdays and Sundays. No customers or their pets shall be allowed onsite outside of these hours. No dogs shall be kept onsite overnight. Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016. - C 4. The parking area as shown on drawing 'Ground Floor Proposed', shall not be used for any purpose other than the parking of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking of vehicles in the interests of highway safety and in accordance with General Policy 2 of the Isle of Man Strategic Plan. ### Plans/Drawings/Information: This approval relates to drawings referenced Plan 1, ground floor plan existing, first floor plan existing, proposed ground floor plan, proposed first floor plan and Management Plan, all date stamped 2nd May 2018. ## 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. --- *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/11618-lezayre-2-concorde-change-of-use/documents/983641*