**Document:** Officer Report **Application:** 18/00690/C — Change of use of part of shop from retail (class 1) to financial and professional services (class 2) **Decision:** Permitted **Decision Date:** 2018-08-24 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/11806-rushen-shop-part-of-change-of-use/documents/985103 --- # Officer Report **Application No.:** 18/00690/C **Applicant:** Black Grace Cowley Ltd **Proposal:** Change of use of part of shop from retail (class 1) to financial and professional services (class 2) **Site Address:** Shop Part of 17 Orchard Road Port Erin Isle of Man IM9 6AJ Senior **Planning Officer:** Mr Jason Singleton **Expected Decision Level:** Officer Delegation **Recommended Decision:** Permitted **Date of Recommendation:** 20.08.2018 _________________________________________________________________ ## 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. N 1.For the avoidance of doubt, no approvals are given for the erection or installation of signage at 17 Orchard Road which would require a separate Expressed Consent application. Plans/Drawings/Information: This approval relates to drawings referenced Plan 01 dated 29th June 2018. _______________________________________________________________ ## Interested Person Status Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE 1.1 The application site is the small unit located to the south east corner of No.17 Orchard Road, Port Erin. The building is a single storey flat roofed end building with the shop front leading onto Orchard Road. The adjacent part of the unit is operated as a funeral directors. - PROPOSAL - 2.1 Proposed is the change of use of the unit from retail (class1) to financial and professional services as estate agents (class 2). 2.2 The proposal does not propose any internal or external alterations to the property. PLANNING HISTORY - 3.1 17/01252/B - Alterations to property in connection with a change of use from retail to funeral directors. Approved. 3.2 17/01286/D - Installation of non-illuminated signage. Approved. PLANNING POLICY 4.1 In terms of local plan policy, the site lies within an area designated on the Area Plan for the South as Mixed Use and just outside the proposed Conservation Area which has not been progressed since the adoption of the Plan. 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; REPRESENTATIONS 5.1 Port Erin Commissioners support the application (received on 15/08/18) 5.2 Highways Services have commented; there is no parking associated with the premises but being in a town centre location, there is parking available; there would be no increase of demand for parking; no alterations to existing access onto the highway. Highways do not oppose (received on 06/08/18). ASSESMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; - (i) the principle of development; 6.2 Estate agents are recognised under class 2 of the permitted development order as financial and professional services, where the services are provided principally to visiting members of the public. Here, the building sits within an area designated as mixed use and surrounded by similar business that provide services to the public. The proposed use would be considered to be in accordance with the land use designation. - (ii) the impact on the surrounding area and street scene, and - (iii) the impact upon the highway. 6.3 This area is characterised by a number of shops and services for the public and whilst slightly off (approx. 10m) the main road (Station Road) would be seen to be complimentary to those existing services. It is also noted the premises are adjacent (to the south) of an existing estate agents. 6.4 Highways services do not object and any concerns regarding parking is addressed through the existing provision within town centre. Furthermore, the proposal does not include any modification to the access or entrance on to the highway. - 6.5 It is to be noted from "Plan 01", whilst signage is shown on the proposed drawing to be installed on the front elevation (east) above the front door, and to the side (south) elevation, depicting the company name and logo. For the avoidance of doubt, this has been interpreted as an indicative placement for signage. Any proposals for signage would have to be addressed separately through an advertisement "Expressed consent" application and not through this application for a change of use of the premises. ## CONCLUSION 7.1 Taking into consideration the above, the level and scale of the change of use proposed within this planning application are considered to be relatively minor and 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) and (h) 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 can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation. Decision Made : Permitted Date: 24.08.2018 Determining officer Signed : S CORLETT Sarah Corlett Principal Planner ## 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/11806-rushen-shop-part-of-change-of-use/documents/985103*