Officer Planning Report

Case Officer: Mr Steve Stanley Photo Taken: Site Visit: 12.03.2012 Expected Decision Level: Officer Delegation

Officer's Report

Introduction

1. This application seeks permission to use part of the ground floor of an existing dwelling to store goods that the applicant will then sell online. The application is retrospective.

The Site

1. The application site is the curtilage of a mid-terrace property located on the north western side of Allan Street, Douglas. The property is two storey but also has accommodation within the roof space served by a dormer window to the front. A small rear yard serves the property which is accessible from the rear lane via a timber pedestrian gate. The rear service lane can be accessed only from the road which connects Allan Street with Demesne Road (opposite Orry Street). Parking along this section of road is limited to on street spaces adjacent to 33 Demesne Road with the remainder restricted by double yellow lines.

1. Allan Street has a predominantly residential land use and character. From visiting the area it is noticeable that a handful of properties in the street have or had a commercial use of some kind however most of these appeared to be closed at the time of the site visit (11.30 am on a Monday). The wider vicinity displays a variety of uses collected together in pockets such as the first section of Demesne Road, a stretch of Tynwald Street from Bucks Road and the majority of Bucks Road.

The Proposal

1. This application seeks approval for the use of the existing open plan lounge/dining room of the property to store oriental goods that will be sold online. The applicant states that goods that are ordered online via their dedicated website will be delivered from the application site door to door.

1. The applicant states that they cater mainly for Filipino families and friends with supplies coming from importers in England via ship. The goods will be delivered to the back of the property via the rear service lane. It will be transported by delivery van and unloaded at the end of the rear lane on the road which links Allan Street to Demesne Road. It will then be transported using a trolley to the back door. It is set out that the existing kitchen of the property will be used as a kitchen/dining room and the attic will be used as a lounge. The plans show that the first floor would provide three bedrooms with a separate bathroom and the second (attic) floor would provide the living room and a spare room annotated as being for ironing.

Application No.:	11/01725/C
Applicant:	Mr Nestor & Mrs Catherine Quezada
Proposal:	Additional use of residential dwelling as a business (retrospective)
Site Address:	30 Allan Street Douglas Isle Of Man IM1 3DH

Development Plan Policies

1. The application site is located within an area that is designated as being Predominantly Residential by the Douglas Local Plan. The site is also within a wider area that is identified as being an Urban Regeneration Study Area.

1. The Town and Country Planning (Permitted Development) Order 2005, Schedule 3 sets out the permitted changes of use to or from a dwelling house. At Class 5 provision is made for "Working from home". The following is permitted:

"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 of his."

This is subject to the following:

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."

Condition - "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."

The Town and Country Planning (Permitted Development) Order 2005 sets out the Island's Use Classes at Schedule 4. The proposed use would seem to involve the storage of goods which will later be distributed. Class 6 of the Use Classes states:

"Use for storage or as a distribution centre."

1. Paragraph 9.24 of the Isle of Man Strategic Plan is judged to be relevant to this application. It states:

"Sites identified as suitable for Industry will generally also be suitable for the storage and distribution of goods, although, depending upon location with respect to other uses, the Department may restrict the goods stored by attaching the following condition:

"The building(s) hereby approved may be used for storage and distribution. Approval does not extend to the use of the site for retail purposes or as a skip transfer station or for the storage or distribution of dangerous goods (as defined in the Road Traffic Act: Road Vehicles carrying Dangerous Goods (Maintenance and Use) Regulations 2000) or coal or items which could give rise to nuisance to adjacent land users by virtue of dust, noise or smell".

1. General Policy 2 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."

Planning History

1. The following previous planning application is considered relevant to the determination of this proposal:

07/00493/B - Installation of replacement windows and doors to front and rear elevation. Permitted.

Representations

1. The Highways Division of the Department of Infrastructure has responded by stating:

"Recommend approval.

Note: The proposed operation would not generate any significant change in traffic volumes if the delivery of goods was one per day.

It is worth noting that if changes occurred to the operation of the business, i.e. higher volume of deliveries/or customers coming direct to the property, Highways would want to reassess the application."

1. Douglas Borough Council does not object to this application.

1. The owner/occupier of 32 Allan Street, Douglas objects to this application stating that the property is being used to sell goods which is resulting in noise disturbance including people calling at the property looking for the shop. Parking is said to be problematic with visitors parking their vehicles on the kerb. It is stated that queues of people form outside the property. Reference is made to the area being residential and the impact that the use of the application site may have on property values.

1. The owner/occupier of 36 Allan Street, Douglas objects to this application stating that the area is zoned as residential with light industrial but the later is in purpose built premises. The methods of delivery of food are questioned. Palettes are left in the rear lane causing obstruction to other users and are exposed to the elements which is a concern in terms of health and safety. It is stated that several cars visit the property each night. Parking is said to be limited resulting in double parking or parking on

pavements. The vehicles are also said to cause noise. It is also stated that the property is being used for the sale of hot food.

1. The owner/occupier of 12 Allan Street, Douglas objects to this application stating that the proposed use will result in double parking. It is stated that palettes of food are left in the lane disrupting access to their property. It is also stated that cats and dogs could foul the food left in the lane or backyard. Concern is raised that the area is residential and not a small business area. It is considered that people will be calling at the site at all times of the day/night. Health and Safety is also raised as is the point that children play in lane.

1. The owner/occupier of 28 Allan Street, Douglas objects to this application. Their reasons for objection relate to noise, disturbance, overlooking, loss of privacy, parking, additional waste, vermin and property values. It is stated that the building is currently being used as a shop. Concerns are raised as to the hours of operation (after office hours) and the impact that the use has on parking and pedestrian safety. It is set out that even if the shop use were to cease, the online store would cause problems with deliveries and collections. The issues raised by the owner/occupier of 32 Allan Street, Douglas regarding people queuing outside the property are also reiterated.

Assessment

1. It is necessary to firstly consider what this application proposes and what operations would be able to take place lawfully should planning permission to be granted. The application seeks permission to use the living room and dining room to store goods to later be sold on line and delivered from the site. Whilst the concerns raised by objectors relating to the manner in which the premises are being used are noted, the approval of this application would not extend to the use of any of the building as a shop whereby customers could visit the building. Such use would be liable to enforcement action although consideration needs to be given to the likelihood of being able to enforce the use should it be decided to approve this application.

1. The key issues to be assessed in the determination of this application are the impact of the proposed use upon the character and amenity of the area, parking and highway safety and impacts upon the amenity of existing properties.

1. In order to assess the impact of a proposed change of use upon an area, it is first necessary to consider the character of the existing locality. In this case, Allan Street is a predominantly residential area both in terms of Local Plan land use designation and the actual prevailing land uses. There are a number of isolated commercial buildings set amongst the residential properties within the street. Further away from the application site are areas that are mixed use however Allan Street has the character and appearance of a residential terraced street.

1. The proposal would introduce a commercial use into part of the building. Externally, there would be little if any discernible change to how the property looks within the streetsceene. However in this particular part of Allan Street, the use of the property as proposed is judged to be at odds with the residential character of the immediate locality.

1. In terms of parking, it was noted on visiting the area that parking is at a premium. On the face of it, the proposed use should not do much to alter this as it would not allow for visitors to the property. The delivery of goods would potentially cause disruption as parking would either be illegal (on double yellow lines or double parked) or if in a parking bay may add further pressure to the parking situation. The Highways Division has assessed the application and found it to be acceptable at the operation levels set

out by the applicant. However if the use were to materially increase they state that they would wish to re-assess the proposal.

1. The proposed use would cause disturbance to adjacent properties through the use of a trolley to deliver the goods to the rear of the site at times that fall outside of office hours (which is taken to mean outside of the period 9 am until 5 pm). Furthermore, the same process would be employed to dispatch goods from the property and deliver them to customers. This activity would be at a level that is judged to be unneighbourly by virtue of its incompatibility with the residential use of adjacent properties.

Conclusions

1. The applicant's desire to provide a service to the community is admirable. However commercial uses must be located such that their operation does not undermine the amenity of residential properties. In this case, it is judged that the proposed use would result in unacceptable noise and disturbance to residents.

Recommendation

1. Refuse.

Party Status

1. It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

• Douglas Borough Council
• The owner/occupier of 32 Allan Street, Douglas
• The owner/occupier of 36 Allan Street, Douglas
• The owner/occupier of 12 Allan Street, Douglas
• The owner/occupier of 28 Allan Street, Douglas

1. Accordingly the following parties are not granted Interested Party Status:

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: Refused

Date of Recommendation: 12.03.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

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

R 1.

The proposed use of part of No. 30 Allan Street to receive, store and deliver goods would result in unacceptable levels of noise and disturbance to nearby adjacent properties at unsociable times of the day and as such would undermine residential amenity contrary to General Policy 2, part (g).

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 : Refused Date : 13/3/12

Determining officer (delete as appropriate)

Signed : A. H. D. W. 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