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Applicant: Hair Off The Dog Ltd Proposal Change of use of industrial unit to dog grooming and kennelling (retrospective) Site Address Units 6 - 7 Parville Court Balthane Industrial Estate Balthane Ballasalla Isle Of Man Case Officer : Russell Williams Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 28.08.2024
C : Conditions for approval N : Notes attached to conditions
Reason: To safeguard the amenities of occupiers of adjoining buildings and to maintain the vitality and viability of Castletown Town Centre and other major town centres in the south of the Island.
This application has been recommended for approval for the following reason. The proposal is of an acceptable land use and will benefit the ongoing business activity within the site. The proposals will not harm amenity or highway safety in the area nor detract from the vitality or viability of nearby town or village centres. The proposals therefore comply with General Policy 2 and broadly with the aims of Business Policies 1 and 5 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 10/05/2024: Location Plan Site Plan Existing Floor Plan Proposed Floor Plan Parking Plan (dated 14/7/2024)
_______________________________________________________________ Interested Person Status – Additional Persons
None ________________________________________________________________
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE SITE - 1.1 The application site comprises Units 6 - 7 Parville Court, Balthane Industrial Estate. The building is single storey and benefits from parking to the frontage where pedestrian access is available. - 1.2 The surroundings are a mix of industrial and workshop/warehouse units comprising the Balthane Industrial Estate.
2.0 THE PROPOSAL - 2.1 The application seeks retrospective planning permission for the change of use of the former industrial unit to a dog grooming business and kennelling. - 2.2 The development does not seek approval for any external alterations to the building. - 2.3 Internally the building has been laid out to suit the needs of the business, with 3 kennel pens, a store, bathroom and separate reception and waiting area. The main dog grooming area is open plan with various work benches, washing areas and associated treatment tables arranged around the unit.
3.0 PLANNING POLICY - 3.1 The site lies within an area designated on the Area Plan for the South Map 4 as "Industry/Business Park" uses. The site is not within a Conservation Area. - 3.2 The Area Plan for the South states at paragraph 6.8.2: "The Balthane Industrial Estate is located just south of Ballasalla Village. The Estate is used by a mix of businesses but incremental development, poor maintenance of buildings, roads and footways, has over the years, resulted in the Estate appearing neglected and unattractive in many parts giving a poor impression to the public, customers and businesses alike. It is recognised that the Estate is home to some uses which are essential to support the Island and also that there is scope for the general appearance and access to the Estate to be improved. There is considerable land available at Balthane which was first identified on the 1982 Development Order. It has been deemed appropriate to carry forward this designation into the Area Plan but there is a need to secure improvement works on the Estate." - 3.3 In the Area Plan for the South, Employment Recommendation 1 is of relevance. This reads: "Employment Recommendation 1: It is recommended that the Department of Infrastructure, the Department of Economic Development and Malew Parish Commissioners work collaboratively to produce a strategy for improvements at Balthane Industrial Estate. This will include general environmental improvements, and also improvements in respect 78 of access, lighting and infrastructure in an effort to ensure that the Estate is an attractive place for both users and customers." - 3.4 Strategic Policy 3(b), 5 and Subsections (b), (c), (g) of General Policy 2, as well as
3.4 Business Policy 5 states: "On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either:
3.5 Transport Policy 7: 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.' The standard in respect of light industrial requires there to be one parking space per 30 sq m of floor space for light industrial use, one per 50 sq m of industrial floor space and 1 per 100 sq m of storage and distribution floor space. Other material considerations - 3.6 DEFA - Conditions and Guidance for Dog Boarding Establishments 2019
4.0 PLANNING HISTORY - 4.1 The application site does not have any relevant planning history.
5.0 CONSULTATIONS - 5.1 Malew Commissioners - No objection. - 5.2 DoI Highways Services commented - Requested further information on parking provisions. Subsequently confirmed that the additional information provided was acceptable and no further interest is registered.
6.0 REPRESENTATIONS - 6.1 No comments have been received.
7.0 ASSESSMENT - 7.1 The main issues to be considered in the assessment of this application are the principle of the development, in regard to the use of the building for a non-industrial use (loss of industrial unit); impact upon the vitality and viability of town centre uses, whether there is sufficient parking provision and the impact of the use on amenity in the area. Principle of Use
7.2 There are no specific policies in the Isle of Man Strategic Plan that are considered applicable to the proposed use. Dog grooming with kennelling does not readily fall into any use class and as such would be considered sui generis. Retail uses are covered by the Strategic Plan, where such uses are directed towards town centres. - 7.3 The proposed use is fairly unique in that it does not readily fall into any established use class and is not a common use. It is therefore a Sui Generis Use. - 7.4 Whilst not an industrial use, it is a commercial operation and the business employs staff and generates economic activity in the area. It is not considered that the proposed use would have an adverse effect on the locality or other users in the estate. - 7.5 It is evident from a number of previous planning applications relating to other units within Balthane Industrial Estate have allowed a considered deviation away from industrial use and the area is now more than just an industrial site, with alternative business uses prevalent in the area; such is reflected in the designation as Industrial/Business Use. - 7.6 Within the estate are car sales and garages, scrap depot, offices, storage units and more. Having regard to these matters, the principle of the proposed the use as a dog grooming unit is considered to be acceptable despite some conflict with the land use zoning. Vitality and Viability - 7.7 The next part of the assessment is whether the proposed development would detract from the vitality and viability of Castletown Town Centre and other major town centres in the south of the Island. It is considered that the service being provided will not affect the vitality and viability of any of the major town centres in the south of the Island. The operation as a whole is relatively small, and importantly does not include any retail function. - 7.8 It is not uncommon for dog grooming uses to be located in a town centre or wider urban area. In terms of its function, people will only frequent a dog grooming salon on the basis of their quality and service standards. A person would use the town centre for more convenient items and will visit shops for specific purposes. With dog grooming, it is common knowledge that people want to use one that has high standards and is known to provide a high quality service disregarding its location. As a result, not having such a use in a town centre would not be considered detrimental to the vitality and viability of the function of the town centre. Transport - 7.9 The applicant has provided information indicating that there are 4 spaces allocated to Units 6-7 and that customers are not permitted to stay during the course of treatment. The business operates a strict drop off service only, with 15 minutes between appointments to allow for handovers. The level of parking provision is considered to be acceptable and it is also important to acknowledge that Highway Services no longer have any outstanding concerns. - 7.10 In addition to the above, from experience one also finds that dog owners may often walk to a dog grooming salon, if within walking distance, and as such there would be no requirement for customer parking. However, it is only likely that those residing in Ballasalla would walk to the premises. - 7.11 On balance it is considered that the proposals will not give rise to any unacceptable impact upon highway safety or parking provision. Amenity
7.12 The application site is located away from any nearby or neighbouring dwellinghouses. The use is also one that is considered compatible with an industrial site, where wider use of the land and buildings will generate noise through vehicle movements, the use of machinery, tools etc. - 7.13 As a consequence of the site location and surrounding land use, the proposals will not give rise to any material impact upon the amenity of properties in the area.
7.10 Accordingly, the proposal is considered to be an acceptable use of the units and whilst there is conflict with the land use zoning policy, the proposed use will generate employment and economic activity in the area, without giving rise to any unacceptable impacts upon the vitality and viability of nearby town/village centres, parking provision or amenity in the area. The development is therefore acceptable and recommended for approval. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : …Permitted……….... Committee Meeting Date:…16.09.2024
Signed :…………RUSSELL WILLIAMS……….. 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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
PLANNING COMMITTEE DECISION 16.09.2024 Application No 24/00305/C Applicant Hair Off The Dog Ltd Proposal Change of use of industrial unit to dog grooming and kennelling (retrospective) Site Address Units 6 - 7 Parville Court Balthane Industrial Estate Balthane Ballasalla Isle Of Man Planning Officer Russell Williams Presenting Officer As above Addendum to the Officer Report
Committee agreed to support the recommendation along with additional conditions to remove overnight kennelling, and to require provision of a waste treatment/handling plan.
Those circulated to the members and agreed were;
Reason: In the interest of amenity and to ensure there is no impact upon health and well-being in the area.
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