Officer Report

Application No.: 16/00817/C Applicant: Miss Shona Hampson & Miss Hayley Allwright Proposal: Change of use to pet shop, dog day care and dog grooming parlour Site Address: Units 4 & 5 1 Main Road Onchan Isle of Man IM3 1BA Case Officer : Mr Jason Singleton Expected Decision Level: Officer Delegation

Officer’s Report APPLICATION SITE

1.1 The application site is the curtilage of light industrial buildings to the rear of Corkhills petrol station, along with its associated retail element, which is located north of Main Road, Onchan at the mini roundabout connecting Main Road with Governor's Road (to the west) and Summerhill Road (to the southwest). - 1.2 The units are occupied as Unit 1- Pharmacy, Unit 2 - ATM machine; Unit 3 -T shirt printers. Unit 4&5 are currently empty. To the west of the units are parking for approximately 20 cars. Unit 4&5 equate to around 2,540 sq ft internal area and being the end units feature a roller shutter door in the gable and a pedestrian door. On the side elevation facing the parking area are two pedestrian doors. The windows into the building feature advertisement or images of t-shirt printing. - 1.3 The nearest residential dwellings are located on Victoria Avenue which is located to the rear of the application site. The nearest affected property would be 18m from the corner of the application site to the corner of the rear extension to No. 1 Victoria Avenue. It should be noted the difference in ground levels with the residential properties being at a much higher level than the application site. THE PROPOSAL

2.1 Proposed is the change of use of two of the units No's 4&5 which are located at the rear of the build from retail to retail and day care and grooming for animals. The proposed use is to open Monday to Friday between the hours of 8am-6pm for day care, grooming and the retail of pet products. Saturday 8am-6pm for day care and pet shop grooming with no retail and Sunday from 9am-2pm solely for the pet shop only. Within the area 4 car parking spaces have been allocated. - 2.2 The applicants advise, the majority of the dogs will be picked up and dropped off as part of the service, (approximately 15 dogs) The remaining 10 dogs will be allocated times so the parking spaces are used without over flow. PLANNING HISTORY

3.1 This application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application. DEVELOPMENT PLAN POLICIES - 4.1 In terms of local plan policy, the site falls within an area of Mixed Use (Residential / Office / Retail) as zoned on the Onchan Local Plan.

4.2 There are no specific policies in the Isle of Man Strategic Plan 2007 that are considered applicable to the proposed use for dog grooming or dog day care, as they does not readily fall into any of the use class and as such would be considered sui generis. The retail aspect of the proposal is covered by the Strategic Plan, where such uses are directed towards town centres or villages. However, in view of the active use of the site and the nature of the current application, it is considered reasonable to have regard to the four policies listed below that are considered specifically material to the assessment of this current planning application. - 4.3 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:

• (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".

4.4 Environment Policy 22 states: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: iii) vibration, odour, noise or light pollution. - 4.5 Business Policy 10 states: "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5."

REPRESENTATIONS

5.1 Onchan Parish Commissioners recommend approval. (18/08/15)

5.2 The Department of Infrastructure Highway Services has not commented. (03/07/15) - 5.3 A resident from 27 Lheannag Park, Farm Hill, Douglas has raised concerns regarding the suitability of the proposed business next to a main road a potential for increase in traffic on a main road; the potential for dogs escaping on to the main road.

ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this current planning application are; 1) whether the use of the unit as a dog grooming salon, dog day care with sales and store room would be acceptable in this location; 2) the impact upon parking and highway safety. USE

6.2 The proposed use is fairly unique in that it does not readily fall into any established use class and is not a common use. The area is zoned for retail and within the village of Onchan, which would satisfy Business Policy 10. On the principle of the business being a commercial operation with some retail, it is considered that the proposed use would not be contrary to that of the use class for the area. - 6.3 However, the care of dogs can often involve the generation of noise from barking and the comings and goings of customers in vehicles. In such facilities in built up areas, particularly residential, the use can result in a nuisance issues arising from the barking dogs. In this instance the dogs are to be kept indoors while being looked after and noises from the premises would be contained within the building. Excessive barking could be addressed by those members of staff who are caring or grooming the dogs as opposed to enduring the noise within the building. It is not in

• the interests of those working within the building to have dogs barking loudly, frequently or constantly.
• 6.4 The proposed use would not be considered to be contrary to Environment Policy 22 where an unacceptable harm would be caused to the residents or other users of the adjoining units from noise pollution as the dogs would be cared for within the building and far enough away from the residential properties to the rear. PARKING AND HIGHWAY SAFETY
• 6.5 There are four parking spaces allocated to application unit. With a dog grooming salon, customers are only likely to visit the premises to drop off and pick up. Given that a dog can be sometimes be at the salon for long periods of time during the day with visits usually based on appointment only, it is considered that the four parking spaces are acceptable. It is also important to acknowledge that Highway Services have not objected to the application and the premises are already on a busy junction, next to a petrol forecourt, shop and pharmacy with an established access and egress.
• 6.6 With regard to the objection received from a resident of Lheannag Park, which is not within the application vicinity and is considerable distance from the site, the application poses no material harm to the objector. The comments are taken on board and addressed as noted above.

RECOMMENDATION

7.1 Overall, it is concluded that the planning application is in accordance with aforementioned Policies of the Isle of Man Strategic Plan 2007, therefor it is recommended that the planning application be approved. INTERESTED PERSON STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons 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 applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.

8.2 It is recommended that the resident of Douglas does not have sufficient interest in the application to take part in any subsequent proceedings.

Recommendation Recommended Decision: Permitted Date of Recommendation: 02.09.2016 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. No approval is hereby granted to the erection of signage as such is regulated by the Town and Country Planning (Control of Advertisements) Regulations 2013. An application for Express Consent for the signage should be made under these provisions prior to the erection.

Reason: Advertisements are regulated by the Town and Country Planning (Control of Advertisements) Regulations 2013 and require Express Consent.

• C 3. The premises may be open Monday to Saturday between the hours of 8am-6pm for dog day care, dog grooming and the retail of pet products and Sunday from 9am-2pm solely for the sale of pet products only. Reason: in the interests of the amenities of the residents in the vicinity of the site.

This approval relates to drawings received on 15th July 2016 referenced; WL/05/985/1b,

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: 05.09.2016 Determining officer

Signed : C BALMER Chris Balmer Senior Planning Officer

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