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Application No.: 24/00076/C Applicant: Dr Nathan Golban Proposal: Additional use of the living room as a Botox treatment area Site Address: 68 Derby Square Douglas Isle Of Man IM1 3LR Planning Officer: Peiran Shen Recommended Decision: Permitted Date of Recommendation: 29.04.2024
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: To ensure that the development is undertaken in accordance with the application details and in the interest of protecting neighbouring living conditions.
Reason: To minimise the disturbance to adjacent residential occupiers and to protect the residential character of the locality.
Reason: Although the specific details of this application have been found acceptable, any change to its operation will require fresh assessment.
This application has been recommended for approval for the following reason.
Taking into account the proposed limited operational times as a single person operation being relatively small in nature, the proposed botox treatment room is not considered to have an unacceptable impact on the parking provision of the area or on neighbouring amenities, and as such is considered to comply with the policies in the Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to the documents, planning statement, location plan, existing floor plans and proposed floor plans which have been received on 31st January 2024. _______________________________________________________________
Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as 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 4(2):
67 Derby Square, Douglas as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy. _____________________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The site is 68 Derby Square, Douglas, a mid-terrace house located on the north of Derby Square.
2.0 THE PROPOSAL - 2.1 The proposal is the addition use of the living room as a Botox treatment room. - 2.2 The proposed treatment room is to open from 18:00 to 20:00 on workdays. There will be no employees and it will only attend to a single customer at any given time.
3.0 PLANNING HISTORY - 3.1 There is no previous application considered materially relevant to this application.
4.0 PLANNING POLICY Site Specific - 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East. - 4.2 The site is within the Windsor Road Conservation Area. Strategic Policy - 4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
PPS and NPD
4.4 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area.
5.0 OTHER MATERIAL CONSIDERATIONS Legislation - 5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
6.1 Douglas Borough Council has no objection to this application (16.02.2024). - 6.2 DoI Highway Services does not oppose this application (09.02.2024). The comment states that there is no significant negative impact upon highway safety, network functionality and/or parking, as the proposals are a single person operation, is relatively small in nature, has short stay parking available on-street for visitors and located in a sustainable location. The comment the recommend a condition to limit one patient/client to use the premises at any time. - 6.3 Owners/Occupiers of 67 Derby Square wrote in concern about having a business in a residential area.
7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. This is whether the proposal would preserve or enhance the character of the Conservation Area. - 7.2 There is no physical alterations so there is no impact on the appearance of the area. - 7.3 The site would be a mix use of residential and shop. Derby Square is designate for predominantly residential and the current use around the square reflex this designation. Customers coming and going could alter the character of the site and its immediate surroundings. However in this instance it is considered minor when compare to the use of a typical retail shop or beauty salon. In the meantime, there is no visible commercial element when the customer using the site besides arriving at the leaving the house. Therefore, the new use is considered to not be detrimental to the residential character of the immediate area and preserve the character of the area and passes the test. Elements of Assessment - 7.4 The main consideration for this application are the principle of the development and its impact on highway safety and neighbouring amenities. Principle of the Development
7.5 When looking at the principle of the additional use it should be acknowledged that permission has been approved and refused for the operation of businesses from a residential property, throughout the Island. - 7.6 The use class for a botox treatment room is considered as a beauty salon, which is also considered as a shop (Class 1.1). The site is within an area designated as Predominantly Residential (predominantly Class 3.3). As such, the proposal could be seen as contrary to the land use designation. Since the 2022 (Planning Committee) Standing Order, this type of application can be decided on the delegation-level instead of being submitted to the planning committee. - 7.7 It should be noted that although the site is within a predominantly residential area, the proposal is of small scale in size and in running an appointment-based system. Therefore, if the impact is considered acceptable after the full assessment, the proposal would not change the predominantly residential land use of the area and is considered principally acceptable. Traffic and Parking Provision - 7.8 According to TP7, the site would require two parking spaces and the proposed beauty salon would require one parking space. As the owner of the dwelling is also the sole operator of the salon, it is considered that there should be three parking spaces for the dwelling and salon together. If considering the fact that there could be two people driving to the site, the number of parking spaces needed would raises to four. - 7.9 There is no off-road parking space available at the moment. Derby Square has on-street parking. This means a net increase of maximum one parking space demand on the road. Considering the business is operated by one person, it is unlikely the need for one spaces is constant but rather sporadic, similar to that of a typical visitor. Therefore, it is considered the impact on parking provision is acceptable. Neighbouring Amenities - 7.10 The proposal is for 1-to-1 appointment and it will be conditioned as such. Given the nature of the business, it is believed that the proposal would not generate more noise than typical residential activities. Therefore, the potential noise and disturbance created is not a sufficient reason to recommend refusal. - 7.11 A condition would be attached to confine the botox treatment within the room proposed as this is the base of the application and its assessment. - 7.12 As the assessment is conducted according to the operation details provided by the applicant. These details will be conditioned to ensure the impact on neighbouring amenities is minimised.
8.1 The proposed botox treatment room would have an acceptable impact on the parking provision of the area and on neighbouring amenities. Therefore, it is recommended for an approval. - 9.0 INTEREST PERSON STATUS
9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 02.05.2024 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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