31 October 2017 · Committee
Keltic Windows, Warehouse Next To Mill House, Mill Road, Peel, Isle Of Man, IM5 1tb
The application sought to change the use of an unoccupied two-storey industrial building within Peel's industrial estate — situated between Peel Power Station and the River Neb — into a dog day-care centre. The business proposed weekday-only operation (8am–6pm), initially accommodating up to 15 dogs with scope to grow. The key planning issues were noise impact on residential amenity and traffic effects on local highways. The nearest residential properties, a small group of 12 dwellings, lie around 115 metres to the south, with the power station and intervening industrial buildings acting as a noise buffer. The site has five off-road parking spaces, which Highway Services considered sufficient for the proposed use. Two comparable approvals for dog day-care facilities elsewhere on the Island provided useful precedent.
The committee approved the application because the industrial estate location, combined with the distance and physical separation from nearby homes, meant noise impacts on residential amenity were adequately limited. The proposal was found to comply with General Policy 2 and Environment Policy 22.
Environment Policy 22
The proposed use would not be considered contrary to Environment Policy 22
Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.
General Policy 2
to comply with the relevant parts of General Policy 2
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: (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. 6.3 Development outside of areas zoned for development
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
The use hereby approved shall not be undertaken outside the following times: 8am to 6pm Monday to Friday.
