Officer Report

Application No.: 16/01034/C Applicant: Mr William Holden Proposal: Additional use of a ground floor room as a physiotherapy treatment room Site Address: 7 Church Street Peel Isle of Man IM5 1HN Case Officer : Miss Lucy Kinrade Photo Taken: 23.09.2016 Site Visit: 23.09.2016 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 SITE - 1.1 The application site is the residential curtilage of 7 Church Street, Peel, a three storey mid terrace dwelling situated on the eastern side of the main road and sitting at the northern end of the street. - 1.2 Church Street is part of the Peel Conservation Area; it is also a well-used route through the town with disk zoned parking on one side of the road. - 1.3 The existing property fronts directly on to the road, with a small yard and the front door entrance. On the existing ground floor the living room sits at the front of the house with the kitchen and ground floor toilet at the rear of the house leading to the rear yard. There is no off road parking associated with the property.

2.0 PROPOSAL Additional information was submitted by Mr Richard William Holden to support the application (13/10/2016). - 2.1 The current planning application seeks approval for the additional change of use of the ground floor of the property as a physiotherapy treatment room for the consultation of ad-hoc patients. - 2.2 Proposed is the division of the existing ground floor living room, by the use of a curtain, to provide a modest sized consultation room whilst maintaining the domestic living space. - 2.3 There are no proposed changes to the exterior elements of the property.

3.0 PLANNING HISTORY - 3.1 There are two previous planning application relevant to the site; PA 95/01151/B was granted approval in 1995 and there is a current application PA 16/00914/B for the installation of replacement windows with uPVC sliding sash windows on the front elevation, this decision for this application has not yet been finalised.

4.0 PLANNING POLICY - 4.1 The property is situated within an area zoned as "Mixed Use" and also within a designated Conservation Area as identified on the Peel Local Plan 1989.

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4.2 In terms of policy the proposed use is compatible with the land use designation, as such the particulars of General Policy 2 of the IOM Strategic Plan 2016 are considered appropriate in the assessment of planning application -

General Policy 2: 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:

• a) is in accordance with the design brief in the Area Plan where there is such a brief;
• b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• 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."

4.3 Due to the location of the site within a Conservation Area must also consider Environment Policy 35, whereby it states:

"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

5.0 REPRESENTATIONS - 5.1 Peel Commissioners have no objection to the application (21/09/2016). - 5.2 The Department of Infrastructure initially opposed the application "on the grounds that it does not provide adequate parking as required by GP2(h) and may have an unacceptable effect on road safety or traffic flows on the local highway in contravention of GP2(i)" (30/09/2016). However following the submission of additional information by Richard William Holden, Highways have indicated that they do not oppose the application subject to condition (03/11/2016).

6.0 ASSESSMENT - 6.1 The application seeks approval for the additional use of one room within the existing building as a space for physiotherapy treatment. The fundamental issues to consider in the assessment of this planning application are;

• (i) the impact of the proposed development on the character and appearance of the existing dwelling,
• (ii) the impact of the proposal on the surrounding area and local environment, in particular the local highways,
• (iii) whether the proposal would preserve or enhance the Conservation Area in which the property stands.

6.2 The applicant Mr William Roger Holden is a resident and the owner of 7 Church Street, Peel. The application the additional use of the ground floor front lounge as a physiotherapy treatment room is on behalf of his son Mr Richard William Holden who is also a permanent resident at 7 Church Street, Peel. - 6.3 The area of Church Street is located within an area designated for 'Mixed Use' as such there is a presumption in favour of commercial entities in the area. Following the submission of additional information following a phone call with the applicant it became more apparent that the use of his front room as a consultation room for the purpose of physiotherapy was on an ad-hoc basis and that this shall be done on a drop in basis dependant on the times when each person is available, and that in some cases the applicant would be visiting the homes of the client. - 6.4 There are no opening hours specified in the consultation room as the property shall be mainly used as his residential home for the majority of the time. The applicant explained that he

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intends to retire in the near future and that consultations and appointments shall be off the cuff as and when a client may be suffering an injury which requires treatment.

6.5 There is an existing takeaway and laundrette on the northern end of the street however the remainder of Church Street is predominantly residential. Although the proposal seeks approval for the additional use as a physiotherapy room, it has been considered that the ad-hoc frequency of treatments is not to impact the amenity of the local area and that the comings and goings of shall be no greater than the average household. - 6.6 On receipt of the additional information provided by Mr R.W. Holden a discussion took place with the Department of Infrastructure where it was agreed that the requirement of 3 parking spaces in this instance was not necessary for the proposed ad-hoc use of the treatment room. Following this discussion comments by Highways were updated and they indicated that they do not oppose the application subject to a personal condition being attached. - 6.7 The Peel Local Plan 1989 states that the properties in the area can be utilised for a mix of uses. It could even be the case that the residents in the nearby area may remain unaware that such a use has even been implemented at the property. - 6.8 The application does not propose any use of advertisements on the building nor do they propose any changes or alterations to the exterior of the property. This ensures that the designated Conservation Area will remain unaffected by the proposal and that the character of the area shall be preserved in accordance to EP35.

7.0 RECOMMENDATION - 7.1 On balance the application is considered acceptable and that there shall be no impact on the amenity of the neighbours or the designated Conservation Area. The application is therefore recommended for approval.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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; (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 16.11.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions 16/01034/C Page 3 of 5

• 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. This approval allows for the additional use of the front lounge of 7 Church Street, Peel as a consultation room for the practise of physiotherapy by Richard William Holden only whilst he is normally resident at the premises. Reason: To ensure no use by other individuals or use by future occupants of the property.

This approval relates to Location Plan and Ground Floor Plan date stamped and received 5th September 2016 and additional information submitted by the applicant 13th October 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 18.11.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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