Officer Report

Application No.: 16/00874/C Applicant: Mr Richard And Mrs Clare Jackson Proposal: Use of summer house for home hairdressing (retrospective) and alterations to create vehicular hardstanding at the front of the property. Site Address: 16 Third Avenue Onchan Isle Of Man IM3 4NA Case Officer : Mr Chris Balmer Photo Taken: 30.08.2016 Site Visit: 30.08.2016 Expected Decision Level: Planning Committee

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS AN OBJECTION HAS BEEN RECEIVED FROM THE LOCAL AUTHORITY AND THE APPLICATION IS RECOMMENDED FOR APPROVAL

1.0 THE APPLICATION SITE - 1.1 The application site is the residential property 16 Third Avenue, Onchan which is a two storey mid-terraced property located on the northern side of Third Avenue and west of School Road and Onchan Primary School. - 1.2 The terraced properties along Third Avenue all originally had front gardens, although in recent times a number of occupants have paved these gardens areas to create off road parking spaces. Some properties have chosen to pave the rear gardens instead to create off road parking spaces, as all properties within Third Avenue are also served by an unadopted rear access lane.

2.0 THE PROPOSAL - 2.1 The application seeks planning approval for the use of summer house for home hairdressing (retrospective) and alterations to create vehicular hardstanding at the front of the property. - 2.2 In terms of the operation of the hairdressing business, the use within the summerhouse has been in operation since December 2015. The summerhouse measures 2.8m x 2.8m and is within the rear garden of the property. Within the summerhouse are two hairdresser chairs and a single chair for the washing of hair. The applicant has advised that the hours of operation are 9.30am-6pm Tuesday-Saturday with 3 late nights up till 8.30pm. The applicant also advises that they do school runs and their children have after school clubs therefore they aren't in the Salon continuously at the stated times. The applicant has stated that their clients are booked on an appointment basis and there is only one client at a time without any overlap therefore avoiding anybody waiting. - 2.3 There are currently two accesses to the summerhouse, the first is via the pedestrian gate which runs along the front boundary of the site and forms the main entrance to the property. Once entering the gate a person can walk along the side footpath of the property to the summerhouse which is within the rear garden area of the property. This side footpath runs parallel with the blank (no windows within) two storey gable end of Nr 18. A fence runs along the shared boundary of the site and Nr18 and has a height between 1 and 1.5 metres (measured from application site - is appears taller when viewed from Nr 18 due to ground level differences). A second way to enter the site is via the rear pedestrian gate which accesses onto the rear access lane.

2.4 The submission also includes the removal of the front boundary wall and the creation of a hardstanding area which has a depth of 6.1 metres and a width of 7.1 metres. This aspect does not currently exist within the site.

3.0 PLANNING HISTORY - 3.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.

4.0 PLANNING POLICY - 4.1 The Onchan Local Plan identifies the area as being 'predominantly residential use'. The site is not within a Conservation Area. - 4.2 General Policy 2 of the Isle of Man Strategic Plan 2007 states: "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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (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;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

4.3 Strategic Policy 9 states: "All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park(1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8." - 4.4 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

5.0 REPRESENTATIONS - 5.1 DOI Highway Services do not oppose (on 19.08.2016): "The proposal is to operate a hairdressing business from a residential property and provide 3 off road parking spaces within the curtilage.

The dwelling currently has no off-road car parking and the applicant lives at the dwelling with no additional staff. The provision of off-road parking is welcome and although 5 spaces would generally be required (2 for the dwelling and 3 for the business) the size of the business and a condition

restricting the number of staff who can operate from the site would restrict the number of parking spaces required.

Highway Services do not oppose the application subject to the following conditions:

• 1. Prior to commencement of the change of use the car parking shall be provided in accordance with drawing no WL/16/1383 1 dated july 2016 and retained thereafter. Reason: In the interest of highway safety
• 2. The permission shall be restricted to the applicant and only 1 member of staff may be on site at any time. Reason: To ensure that the parking provision is adequate in the interest of highway safety"

5.2 Onchan Commissioners have recommended (on 18.08.2016) a refusal as the use of the shed as hairdressing facilities is contrary to the land use permitting commercial in a residential location. - 5.3 The owner/occupier of 18 Third Avenue, Onchan has objected (18.08.2016). The use of side footpath by visitors of the hairdressing business results in a loss of privacy of my property, especially when clients smoke outside the hairdressing shed next to the fence; the use in not conducted between the normal 9 to 5 hours and is often undertaken in the evenings and weekends; this has an impact due to lights that have been installed along the side footpath; parking in Third Avenue is already limited and since the hairdressing business has been in operation there has been an increase in traffic which does not help the parking situation; concerns of excessive water logging to my property due to the re-laying of the new side footpath and ownership concerns.

6.0 ASSESSMENT - 6.1 The main considerations when determining the application are the principle of operating a business from the site; the potential impacts upon neighbouring amenities; the potential impact upon on-street parking in the area and potential visual impact. The principle of operating a business from the site - 6.2 A concern raised by the local Commissioners relates to the site being designated as residential and therefore the operation of a business does not comply with this land use designation and the application should be refused. - 6.3 When considering this matter it is important to acknowledge that permission has been approved and refused for the operation of businesses (i.e. beauty treatments, hairdressers & tutoring) from a domestic property. In fact the Departments Permitted Development Order permits a number of business operation to be run from a dwelling, these including child minding (up to 6 children), Bed and Breakfast (up to 3 bedrooms) and an occupant of a dwelling can operate any business from home (no visitors/staff allowed) via a home office within the property. Accordingly, whilst the Commissioners comments are correct that the proposed use does not comply with the land use designation; this is not an automatic reason to refusal the application. Other material considerations as listed in paragraph 6.2 of this report need to be considered to determine whether the use would result in an adverse impact to neighbours/area. - 6.4 A further issue in terms of the principle is the impacts on the nearby town centre. It is generally presumed that new commercial uses will be directed towards existing commercial areas. However, the impact of a single employee operating in this location is unlikely to draw materially harmful levels of trade away from the town centre. Moreover, to approve the application could enable the growth of a business that would eventually achieve a sufficient turnover as to encourage its moving into larger, more attractive and more appropriate commercial premises in that town centre in due course.

• THE POTENTIAL IMPACTS UPON NEIGHBOURING AMENITIES
• 6.5 Concerns have been raised by the occupant of Nr 18 Third Avenue which is immediately adjacent to the application site to the west. The main concerns relate to the loss of privacy and general disturbance (lighting) to their property due to the increased level of visitors to the hairdressing use.
• 6.6 Visiting the site it was noted that the neighbouring property has no directly facing windows towards the site. Accordingly, in terms of loss of privacy into the neighbouring dwelling, it is not considered the proposal would cause a significant level of overlooking. In terms of overlooking to the rear area of Nr 18, it was noted this area was used as an off street parking space rather than a garden area. Furthermore, a greenhouse exists within the rear area of Nr 18 which is adjacent to the summerhouse and a fence which both screens views into the rear of Nr 18 when stood outside the summerhouse. There can be some limited and oblique views from the side footpath to the rear area of Nr 18; however, the applicant has advised they are happy increasing the lower parts of the existing fence to the same level as highest point of existing fence, which would screen all views of the rear area of Nr 18. This could be conditioned that such works are undertaken within two months of the decision notice.
• 6.7 The proposal will result in views of the front garden of Nr 18; however, front garden of properties are generally not afford the same level of protection in terms of privacy, given views into them can generally be observed from the adjacent highway/neighbouring properties. Whilst Nr 18 does have a front boundary hedge which affords some privacy, public views can be seen into the front garden from Third Avenue, especially when viewing from the east.
• 6.8 Concerns have been raised in respect of the lighting of the side footpath. The lights in question are domestic in size and common to most properties. Lighting does include low level lighting which only lights the side footpath only. There are a total of four lights attached to the side of the dwelling/attached to the summerhouse. Given there are no directly facing windows within the gable elevation of Nr 18, the position of existing/proposed fencing and position of the lights in relation to the front and rear windows of Nr 18, it is not considered the impact would be so significant to warrant a refusal. It is also noted that the lights are movement sensitive so they would not be on from prolong periods of time given the amount if clients to and from the site are small. Furthermore, the operation of the hairdressing salon would cease at its latest by 8.30pm, which is not considered an antic-social hour. Finally, it was noted a street light exists opposite the application site and Nr 18 and this in terms of lighting impacts would likely cause more light pollution, compared to the lights used in connection with the business.
• 6.9 In terms of general disturbances by person/s coming and going from the site, it is considered given the small scale nature of the business, the size of the summerhouse, the business is on an appointment basis only and the hours of operation proposed, it is considered the hairdressers business at the application site would not result in an significant impact upon neighbouring amenities to warrant a refusal.
• 6.10 A material planning consideration is also given that only one objection has been received from local residents. In fact the occupants of Nrs 2, 12, 13, 14, 15, 17, 19 and 24 Third Avenue have signed a letter stating that they "…have not found any of the following to be any different to as it was before: Parking, Traffic Increase & More volume of people".
• 6.11 Overall, whilst the hairdressing use will increase the level of persons coming and going from the site and increase the likelihood of disturbances, it is not considered for the reason given the impacts would be so great to warrant a refusal. Accordingly, the proposal would comply with General Policy 2 of the Isle of Man Strategic Plan 2016. THE POTENTIAL IMPACT UPON ON-STREET PARKING IN THE AREA
• 6.12 The proposal includes the provision of a minimum of two off road parking spaces (maximum

• 3 spaces) to the front of the property. This would reduce on-street parking as persons who

currently park in front of Nr16 will not be able to as they would block the new off road parking area. However, it is considered the proposed parking would have an overall net increase in parking. Highway Services have considered the scheme and have raised no objections subject to the conditions listed, which are considered appropriate.

6.13 Again weight is attached to comments made by local residents (paragraph 6.9) who have raised no objection. It is important to note that these comments are of course made on the basis that the proposed off street parking provision is not currently in place, which will hopefully be a betterment to parking in the area once implemented. - 6.14 The applicant also comments that many clients use public transport to visit and use the bus stop at the end of Third Avenue (approx. 45m from application site - every 20 mins). POTENTIAL VISUAL IMPACT - 6.15 Visually the Department would generally encourage that no more than 50% of the existing front garden area is removed to create the new parking area, as this can have a negative impact upon the street scene. However, the principle for the creation of parking bays in the front garden of properties on Third Avenue has evidently been established via the approval of 8 applications in recent years, and as such has evolved as a characteristic of the street-scene. As such, it is not considered that this proposal would further undermine the character of the street-scene.

7.0 RECOMMENDATION - 7.1 Overall, it is concluded that the planning application is in accordance with aforementioned policy of the Isle of Man Strategic Plan 2016 and is 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:

• The applicant, or if there is one, the applicant's agent;

• o 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;
• o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and
• o 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.

8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: The owner/occupier of 18 Third Avenue, Onchan

Recommendation Recommended Decision: Permitted

Date of Recommendation: 12.09.2016

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. Within two months of the date of this decision notice the access and parking area are required to be completed in accordance with the approved plans. Such parking area shall not be used for any purpose other than the parking of vehicles associated with the development and the dwelling and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking.
• C 3. The vehicular hardstanding hereby approved is required to be finish in Bitmac and/or brick paving. Reasons: In the interest of the amenities of the street scene and the individual property
• C 4. Within two months of the date of this decision notice the existing fencing which runs parallel with the western gable elevation of the application dwelling is required to be extended and/or replaced to a height of 1.8 metres and retained thereafter. Reason: In the interest of neighbouring amenities
• C 5. No clients of the hairdressers use hereby approved shall remain on the application site outside of the following hours: Tuesdays to Saturdays 0900hrs till 1800hrs; albeit with the allowance of up to 3 "late nights" per week also between Tuesdays to Saturdays till 2030hrs. Reason: In the interest of protecting neighbouring living conditions.
• C 6. The use hereby approved shall only be for the benefit of Mrs Clare Jackson while she is resident at

• 16 Third Avenue, Onchan and no staff may be employed and/or work at the premises.

Reason: Although the specific details of this application have been found acceptable, any change to its operation will require fresh assessment.

This approval relates to drawings reference numbers 1,2 & 3 all received on 27th June 2016.

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: 19.09.2016

Signed : C BALMER Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO

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