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Application No.: 18/00057/C Applicant: Miss Serena Clayton Proposal: Additional use of dwelling to provide a beauty treatment room Site Address: 8 Castlemona Avenue Douglas Isle of Man IM2 4EH Case Officer : Mr Owen Gore Photo Taken: 22.02.2018 Site Visit: 22.02.2018 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 04.04.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2, parts g, h & i of the Isle of Man Strategic Plan 2016.
Reason: In the interest of protecting the amenity of the neighbouring properties in accordance with General Policy 2, parts g, h & i of the Isle of Man Strategic Plan 2016.
Reason: To ensure proper control of the development and to avoid any future undesirable uses being carried out on the site in the interest of the amenity of the neighbouring properties in accordance with General Policy 2, parts g, h & i of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information: This planning approval relates to the following plans and documents: Planning Statement Location Plan Existing Floor Plans Proposed Floor Plans Date-stamped as having been received 22 January 2018
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following persons should not be given Interested Person Status on the basis that although they have made written submissions, they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Owner/occupier of 7 Castlemona Avenue Owner/occupier of 16 Castlemona Avenue Owner/occupier of 25 Castlemona Avenue Owner/occupier of 33 Castlemona Avenue
These properties are separate from the building and do not adjoin the application site. The primary concern highlighted in the objections received related to the increased need for parking, which is considered to be minimal, such as not to cause any significant harm to these properties individually. _____________________________________________________________________________
THIS THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE DUE TO THE NATURE OF THE OBJECTIONS RECEIVED.
1.1 The application is a terraced dwelling in a stepped row of properties that follow the bend in the highway. The road leads from Douglas Central Promenade behind the mix of Victorian hotels/guesthouses and apartment buildings. There is a variety of uses in the area, including a showrooms, hot food takeaways and tourist accommodation. The site is not within a Conservation Area.
2.2 The applicant has provided proposed hours of operation which includes three days where they could potentially be open for 12 hours; however the applicant has confirmed that they are taking account of the possibility of a client arriving before or after work and does not anticipate that clients will be arriving before 8am or after 6pm on a regular basis. PLANNING POLICY - 3.1 The site is shown on the Douglas Local Plan Order 1998 map No.2 as being within the local plan area and the property is designated within an Area of Predominantly Residential Use. General Policy 2 applies to proposals that are in accordance with the land-use zoning and states that development will normally be permitted where it: -
4.1 The previous planning applications are not considered to be specifically material in the assessment of the current application.
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they have reviewed the proposal do not object, subject to conditions, in the letter dated 05 February 2018. With regard to the conditions highways included the following comments: -
'A planning condition would be needed to ensure no additional staff would be employed…In order to minimise the parking impact from clients, a planning condition is required for there to be no more than one client at a time, with a gap of at least 15 minutes between client appointments so there would be no overlap. A client appointment book should be maintained by the applicant on a permanent basis which can be inspected at the request of Planning Officers to ensure this condition is being complied with'.
5.2 Douglas Borough Council have commented on this application and stated that they do not object in the letter dated 05 February 2018. It was also noted that Douglas Borough Council wished for an additional 14 days to be made available for the Environmental Services Committee to meet and provide comments. No further comments have been received at the time of writing. - 5.3 There have been 4 objections received from neighbouring properties located at different parts of the street. The key planning point raised is the potential impact to the on-street parking provision. Other matters raised refer to works that have allegedly been carried out
without planning permission. Some of the objections challenge statements made in the submitted information.
6.1 The proposed change of use is to allow for the application to work from home; however due to the nature of their work and the need for the clients to be present, the work would not fall within Town and Country Planning (Permitted Development) Order 2012, Class 5 'Working from home'. Regardless, there is no specific policy prohibiting such activities forming an ancillary use to the property and from being conducted in a dwelling house; permitting such activities would only create an additional use for part of the existing residential dwelling and not a new use in its own right. The principle for the change of use is therefore acceptable, subject to the considerations below.
6.2 This proposal does not include any works to the external elevations of the building or the erection of any signage, which would require consent in its own right.
6.3 Part (g) of General Policy 2 states that proposals should not adversely affect the amenity of local residents; the representations received primarily concern the impact to parking and have touched upon the hours of operation. The proposed hours of operation include three days where they could potentially be open for 12 hours; however the applicant has confirmed that they do not anticipate that clients will be arriving before 8am or staying beyond 6pm on a regular basis. The applicant has also identified in their statement, the treatments that will be available and the equipment required to carry out these treatments. - 6.4 In terms of neighbour impacts, due to the nature of the business, with only a single client being present at a time and no noisy activities being carried out, it is considered unlikely that there will be significant impact to the neighbouring properties. The coming and going of vehicles to the property will be minimal and will replace those of the applicant who no longer has any commute. It is considered unlikely that the business would be significantly more disruptive than normal domestic activities that would otherwise acceptable in a dwelling. - 6.5 Parts (h) & (i) both highways, stating that the proposal should provide satisfactory amenity standards, including adequate parking, servicing and manoeuvring space; and that they do not have an unacceptable effect on road safety or traffic flows on the local highways. The highways officer has reviewed this proposal and does not object, subject to conditions. The application has been made aware of these conditions and has agreed that they or similarly worded conditions be included on any grant of planning permission.
CONCLUSION 7.1 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings and would not result in a significant adverse impact upon the living conditions of neighbouring residents, subject to controls. There is no provision for on-site parking; however, subject to conditions, there would be no increase in staff parking demand for the development as the applicant already resides at the site; no further staff will be permitted to work onsite; and customers would be catered for one at a time and staggered to avoid an overlap.
7.2 The proposal is therefore in accordance with General Policy 2 parts (g), (h) & (i). 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:
8.2 The decision maker must determine:
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: 23.04.2018 Signed : O Gore Presenting Officer Further to the decision of the Committee an additional report/condition reason was required YES/NO See below PLANNING COMMITTEE DECISION 23.04.2018
Application No. : 18/00057/C Applicant : Miss Serena Clayton Proposal : Additional use of dwelling to provide a beauty treatment room Site Address : 8 Castlemona Avenue
Douglas Isle of Man IM2 4EH Presenting Officer : Mr Owen Gore Addendum to the Officer’s Report
Following discussions, it was agreed that the officer's recommendation could be amended to remove condition 3 (one customer on site at any given time and 15 minute interval between) and to amend condition 2 to state the following: -
The beauty/nail treatment use, hereby approved, shall only be open for use by clients/customers, between the hours of 0730 and 2000 Monday to Friday and 0800 and 1200 on Saturdays. No customers shall be allowed onsite outside of these hours or at any time on Sundays or Bank holidays.
Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2, parts g, h & i of the Isle of Man Strategic Plan 2016.
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.
Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2, parts g, h & i of the Isle of Man Strategic Plan 2016.
Reason: To prevent an increase in on-street parking demand in the interests of highway safety and amenity in accordance with General Policy 2, parts g, h & i of the Isle of Man Strategic Plan 2016.
Reason: To ensure proper control of the development and to avoid any future undesirable uses being carried out on the site in the interest of the amenity of the neighbouring properties in accordance with General Policy 2, parts g, h & i of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information This planning approval relates to the following plans and documents: Planning Statement Location Plan Existing Floor Plans Proposed Floor Plans Date-stamped as having been received 22 January 2018
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