Planning Officer Report

Case Officer: Mr Steve Stanley Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

Introduction

1. This application seeks permission to use a ground floor bedroom at a detached property in Sandygate Jurby as a therapy room.

The Site

1. The application site is the curtilage of Ashdene, Sandygate, Jurby, a detached property situated on the southern corner of the intersection of the A13 and A14. The cross roads has a number of dwellings around it.

The Proposal

1. This application seeks approval for the additional use of a ground floor bedroom as a therapy room. The applicant sets out that she intends to use the bedroom for holistic therapy. The treatments would be taken on a one to one basis with an anticipated maximum of 3 clients a day, possibly less. It is stated that there is no current client base and as such the use would develop slowly over a period of time. The hours of use would be 10.30am to 5.30pm on week days only. There would be no staff employed as part of the proposed use.

1. The applicant also sets out that she also works 'mobile' by hiring a room in Douglas to see clients in the south of the Island. Her intention is to work part time as she suffered an injury which affects her speech.

1. With regard to parking, it is set out that there the driveway can accommodate 3 cars in addition to the double garage. The applicant's husband would be at work during the proposed hours of use which would provide for more parking for visitors.

Development Plan Policies

1. The application site is located within an area that is designated by the 1982 Development Order as being white land, that is land that is not zoned for development. The site is also within an area of Woodland.

1. Within the permitted Development Order 2012, Class 5 allows for "Working from home". This states:

Application No.:	12/01288/C
Applicant:	Mrs Helen Young & Mr James Young
Proposal:	Additional use of ground floor bedroom as a therapy room
Site Address:	Ashdene Sandygate Jurby Isle Of Man IM7 3AQ

"The change of use of a building from use as a dwellinghouse to combined use as a dwellinghouse and by the householder as an office for conducting any business.

Exception:

A change of use within this Class is not permitted if the business involves persons other than the householder working in or calling at the building.

Conditions:

No sign advertising the business or indicating its nature may be placed on the exterior, or within the curtilage, of the building or otherwise so as to be visible from outside the building."

1. The proposed use would result in persons calling at the building and accordingly would not comply with this provision.

Planning History

1. The property has been the subject of previous planning applications. The most relevant is 11/01034/B which proposed the erection of a conservatory to the rear elevation. This was approved.

Representations

1. The Highways Division of the Department of Infrastructure does not oppose this application.

Assessment

1. The key issues to be assessed in the determination of this application are the impact of the proposal upon the amenity of adjacent properties and whether the proposed use would result in unacceptable parking.

1. The building is detached and its parking area is to the east of the dwelling, with the garage being set between the parking apron and the property known as The Cottage. This arrangement would serve to reduce the potential impacts upon adjacent properties. The use of the bedroom as a therapy room is not likely to cause unreasonable disturbance to other properties.

1. In terms of parking, the applicant sets out that she would have a maximum of 3 clients per day and that there are 3 spaces available on the driveway plus 2 in the garage. It would seem that at the level of use proposed, the application would not result in unacceptable parking.

1. It is important that, if approved, the use is controlled in such a way that it does not become unacceptable. It is recommended that conditions be attached to limit the hours of operation and the days of the week that the use can take place. It would also be possible to limit the use so that it can only be carried out by the applicant.

Recommendation

1. Permit.

Party Status

1. The Local Authority is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.

1. The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 19.10.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.

C 2. This approval relates to the additional use of ground floor bedroom as a therapy room, Ashdene, Sandygate, Jurby as shown by Location Plan, Site Plan, Floor plan and support letter.

C 3. The use hereby permitted shall only be for the purposes of a business providing holistic therapy as described in the documents submitted with the application and shall only be carried on while Mrs Helen Young (the applicant) is resident at the premises. The use shall cease and all equipment brought into the premises in connection with the use shall be removed within one day of Mrs Helen Young ceasing to reside at the premises.

C 4. The use must not be carried out outside of the hours of 10 am and 5.30 pm on Mondays to Fridays.

C 5. No signs or advertisements shall be places anywhere within the application site.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 24.10.12

Determining officer (delete as appropriate)

Signed : ___________________________ Anthony Holmes Senior Planning Officer

Signed : ___________________________ Michael Gallagher Director of Planning and Building Control

Signed : ___________________________ Sarah Corlett Senior Planning Officer

Signed : ___________________________ Jennifer Chance Development Control Manager