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Application No.: 17/00842/C Applicant: Miss Rowan Caley Proposal: Change of use from workshop to a dog day care facility Site Address: Viking Works Warehouse Next To Mill House Mill Road Peel Isle Of Man IM5 1TB Case Officer : Miss Lucy Kinrade Photo Taken: 25.09.2017 Site Visit: 25.09.2017 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 12.10.2017 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
The use shall not be undertaken at any time on Saturdays, Sundays and/or Public Holidays unless otherwise approved in writing by the Department.
Reason: These were the hours sought and the application was assessed on this basis.
This approval relates to Site Plan, Existing and Proposed Floor Plans and associated photograph date stamped and received 04/08/2017 and associated Parking Plan and email dated 08/08/2017.
_______________________________________________________________ Interested Person Status – Additional Persons
THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.
1.1 The application site is an existing unoccupied industrial building within Peel industrial estate sited between Peel Power Station and the River Neb. - 1.2 The existing two storey building has 5 off road parking spaces. - 1.3 Situated on a corner plot the existing building has two elevations facing onto a shared access lane and a looping estate road, each navigating through the industrial area. These elevations having windows at each floor and a large roller shutter door. - 1.4 The remaining elevations predominantly blank and facing to the rear of adjacent industrial buildings. - 1.5 115m south of the site and beyond the adjacent power station cylinders is a small residential area comprising 12 dwellings. THE PROPOSAL
2.1 The application seeks approval for the change of use of the building for use as a dog day-care centre. The business is proposing to operate Monday to Friday only and between the hours of 8am- 6pm. - 2.2 The applicant has indicated in a supporting email that the proposal in its first instance is to accommodate up to 15 dogs in the first year and hope to increase once the business becomes established. The applicant has advised that the dog day-care business will run on a no bark policy.
3.1 No previous applications for the site are considered materially applicable, although given the unique nature of the proposed use the most relevant in the assessment of this application are two previously approved applications for dog day care units in Union Mills and Onchan.
3.2 PA 16/00911/C - Unit 2, Snugborough Trading Estate, Union Mills. This application proposed the change of use of Unit 2 into a dog day-care and grooming facility open 8am 6pm Monday to Friday for daycare and grooming, and Saturday 10am - 5pm for grooming only. The reporting officer indicated that this type of use while not being '[light] industrial' in any definitional sense could not be practicably carried out in residential areas due to impact on neighbouring amenity of any residents. The proposed use was likened to have a similar impact to an industrial unit and was in provision of sufficient parking to accommodate such a use. The application was approved. - 3.3 PA 16/00817/C - Corkills Petrol Station, Onchan; This application proposed the change of use to a pet shop, dog day care and dog grooming parlour. The site fell within a 'mixed use' area and accordingly it was not brought before the Committee for their consideration. The reporting officer made reference to the unique nature of the business not readily falling into any established use class. Ultimately the retail and grooming element would be acceptable
however the dog day care element would need to be assessed on its noise impact on neighbouring residential amenity and traffic impacts on local highways. In this instance the dogs were to be kept indoors and noise contained and controlled within the building, the proposal was provided with sufficient off-street parking at the rear, this was considered satisfactory by Highway Services and not have a detrimental impact on the adjacent highway network.
4.1 The site is within an area designated on the Peel Local Plan of 1989 as Predominantly Industrial.
4.2 There is no specific advice within the written statement of the Peel Local Plan or within the Isle of Man Strategic Plan 2016 that would guide this particular type of application. Given that this type of use would be best described as 'sui generis' the most relevant policies to assess the application would be Environment Policy 22 and part of General Policy 2 where both noise and traffic impacts can be fully assessed and accounted for. - 4.3 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:
4.4 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:
REPRESENTATIONS
5.1 Peel Town Commissioners indicate that they do not oppose the application (09/10/2017).
5.2 Department of Infrastructure Highway Services have stated that they do not oppose the application and provided the following comments:
"The proposal is to change the use of an industrial unit to a dog day care centre. There is car parking associated with the unit and the proposal is located within an industrial estate.
This type of proposal will generate drop off and pick up traffic during the morning and evening peak hours and at lunch time. Whilst this proposal may generate more traffic than an industrial unit the surrounding road network can accommodate the traffic. Parking requirements are difficult to assess for the proposed use; parking, other than staff will be of very short duration and this will permit a high turnover of vehicles during the drop off and pick up times. Given the width of roads and light traffic flows any overflow parking should not cause a problem." (08/09/2017).
6.1 In the first instance, it's important to indicate that an industrial estate would normally be protected from any other form of use not fitting within such a designation. The IOM Strategic Plan 2016 defines 'light industrial' as:
"…the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles; the use of light industrial buildings for research and development of products or processes is permitted by the Town and Country Planning (Permitted Development) Order 2005."
6.2 However this type of use is fairly unique and does not readily fall into any established use class, the location of which within an existing industrial estate would be considered more appropriate than any other residential or publicly populated location due to the expected level of noise within such an area, although the key tests of its acceptability here would be its impacts on local highways and general amenity of the area.
6.3 The care of dogs may generate noise from barking which could result in a nuisance issue arising from continuous or a culmination of barking dogs. In this instance the building is within an existing industrial area and the dogs are to be kept indoors while being looked after. Noises from the premises would be contained within the building limiting impact from any adjacent industrial buildings or neighbours. Excessive barking could be controlled by those members of staff who are caring for the dogs and equally it is not in the interests of those working within the building to have dogs barking loudly, frequently or constantly. - 6.4 As previously mentioned there is a small residential area comprising 12 dwellings south of the site, this is in excess of 100m away and as such it is unlikely that the proposed use will generate any adverse impacts on the living quality of those dwelling above or beyond what is already in existence from the existing industrial estate. Although it must be noted that the proposed business hours are similar to that of a common Monday - Friday business operation (8am - 6pm), while the business hours of the surrounding area are unknown, a condition relative to the operation hours of the business will help to safeguard against any inappropriate noise on residential units during midnight or early morning hours. - 6.5 The issues here are likely to be traffic-related: whether the site can accommodate the traffic associated with the use and whether the local road network is suitable to accommodate the traffic. The Department of Infrastructure Highway Services have not objected to the proposal indicating that appropriate network routes and five off road parking spaces are available and overspill parking can easily be accommodated for on the estate road should the need arise. - 6.6 The applicant advises that the business will accommodate up to 15 dogs in the first year, although it is expect that over time the number of dogs and staff will increase simultaneously. Five existing car parking spaces can accommodate staff and provide provision for customers. Peak working hours (9am and 5pm) will see the busiest pick up and drop off times, although waiting times of vehicles is likely to be low approx. 3-5mins. The existing network can comfortably accommodate additional vehicles for short periods of parking without
adversely impacting the traffic flows of the industrial estate ensuring that even at peak hours with an established use that the proposal will have limited impact on the amenity or highway safety of the area.
7.1 The proposed use would not be considered contrary to Environment Policy 22 or to generate any harm to the amenity of any other users of the industrial estate. The site is located a sufficient distance from the residential properties to the south with any impacts on noise limited and buffered by interjecting building units between the application site and the nearest residential property.
7.2 It is considered that the amount of parking available is commensurate with the demand arising from its use and that local networks can accommodate the traffic expected from such a proposed use.
7.3 It is therefore considered that the application is acceptable on both amenity and highway safety grounds and to comply with the relevant parts of General Policy 2. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
8.2 The Planning Committee must determine:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date: 30.10.2017
Signed : L KINRADE Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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