8 March 2019 · Committee
38, Ballanawin, Strang, Douglas, Isle Of Man, IM4 4nt
The application sought to use part of a two-storey semi-detached dwelling at 38 Ballanawin, Strang as a beauty therapy business. No external alterations were proposed. The upper front bedroom would serve as a treatment room, accessed via the existing front entrance, with the remainder of the house staying in residential use. The site is within a wholly residential estate in Braddan Parish, with space for up to three vehicles on the driveway and a shared broad access onto the highway. The area is zoned residential under the Braddan Parish District Plan, meaning the commercial use was technically contrary to local policy. However, the Planning Committee, following the officer's recommendation, judged the small-scale, home-based nature of the business acceptable under General Policy 2 of the Isle of Man Strategic Plan 2016.
The committee approved the application because the proposal involved no external changes, was limited in scale to a single treatment room within the home, and adequate parking was available on site. Conditions restricting client hours, tying the permission to the named resident, prohibiting staff, and requiring the driveway to remain unobstructed addressed concerns about residential amenity and highway safety.
retain significant retail development only within towns and villages
the area surrounding the site is wholly residential in its character and zoned as such in chapter 5 of the Braddan Parish District Plan and the introduction of a commercial/retail use of the sort proposed would technically contrary to Policy
Isle of Man Strategic Plan 2016
Accordingly, the proposal would comply with General Policy 2 of the Isle of Man Strategic Plan 2016
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
Isle of Man Strategic Plan 2016
Strategic Policy 9: All new retail development (excepting neighbourhood s hops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park (1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8. 4.4.7 The definition of Corporate Headquarters includes offices for those companies using the new information technologies and/or who service other business park users (but specifical ly excludes financial and professional services to visiting members of the public including banks, building societies, estate agencies and betting offices). 4.5 Transport and Communications 4.5.1 There is a direct link between the location of new devel opment, its effect on the transport network and the provision of a more integrated transport network. Accordingly:
Isle of Man Strategic Plan 2016
The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated
Transport Policy 4: The new and existing highways which serve any n ew development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. 11.3.2 Notwithstanding policies within this plan which encourage travel by means other than private car it is anticipated that the number of vehicles using the Island's roads will continue to increase. This increase in demand is likely to lead to a greater need for road impro vements in order that travel can take place in a safe, effective, and environmentally acceptable manner. The Department of Transport will continue to assess the need for such improvements to public highways and undertake works where appropriate, with much of the improvement within existing roads carried out under the provisions of the Town and Country Planning (Permitted Development) Order2005. The need for improvements to the Island's highway network must be balanced against the environmental objectives of this plan.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
No clients of the beauty therapy business hereby approved shall remain on the application site outside of the following hours 0830hrs to 2000hrs Mondays, Tuesdays, Wednesdays, Thursday, Fridays and 0830 to 1400 hours on Saturdays. There shall be a 15 minimum gap between individual customers attending appointments on the site.
Condition 3
The beauty therapy use hereby approved shall only be for the benefit of Mrs Caroline Etherington while she is resident at 38 Ballanawin, Strang, Braddan as defined in the application and no staff may be employed and/or work at the premises.
Condition 4
The driveway shall be available for the parking of vehicles associated with the dwelling and the beauty therapy business, and shall remain free from obstruction at all times. Reason: In the interest of highway safety.
