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Application No.: 25/90571/C Applicant: Apres Investments Limited Proposal: Change of use of existing apartment 1 (first floor level) from residential (Class 3.4) to beauty salon (Class 1.1) Site Address: First Floor Flat 16 Woodbourne Road Douglas Isle Of Man IM1 3AL Planning Officer: Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 22.07.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
N 1. Douglas City Council want to remind the applicant that separate waste bins are needed for any commercial waste produced from the business. The applicant should contact the Council's waste services team to discuss the best way to separate domestic waste from commercial waste.
The proposal would preserve the character of the Conservation Area and would not give rise to an unacceptable impact on amenity or impact on highway safety. It is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan.
This approval relates to the documents, statement, photos and drawing no. 1, 2, 3, which have been received on 20th June 2025.
_________________________________________________________________ Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: Douglas City Council - No objection Department of Infrastructure - No objection
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The application site is 16 Prospect Terrace, Woodbourne Road, Douglas, a mid-terrace building located on the east of Prospect Terrace. - 1.2 There is a shop on the ground floor, a one-bedroom flat on the first floor and a threebedroom flat on the first and second floors. The floors above the shop have two accesses, one at the front elevation and a staircase at the rear elevation, which leads to the first floor of the stairwell. - 1.3 Prospect Terrace has a variety of shops and restaurants on the ground floor
2.0 THE PROPOSAL - 2.1 The proposed is the change of use of the first-floor flat (class 3.4) into a beauty salon (class 1.1).
3.0 Planning History - 3.1 Additional use of existing apartment 2 for tourist accommodation (Class 3.6) at Maisonette 16 Prospect Terrace Woodbourne Road Douglas is pending a decision at the time of this report.
4.0 Planning Policy Site Specific - 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East. - 4.2 The site is within the Woodbourne Road Conservation Area. Strategic Policy - 4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
PPS and NPD
4.4 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS. It provides supplementary policy on developments within any conservation area.
5.0 OTHER MATERIAL CONSIDERATIONS Legislation - 5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply, and appropriate consideration will be given in section 7.
6.0 REPRESENTATION - 6.1 Douglas City Council does not object to this application (09.07.2025). The comment states that applicant need separate waste bins for any commercial waste produced from the business. We would encourage the applicant to contact the Council's waste services team to discuss the best way to separate domestic waste from commercial waste. - 6.2 DoI Highway Services does not oppose this application (30.06.2025). The comment states that there is no significant negative impact on highway safety, network functionality, and/or parking, as the proposed use would have a similar or lower parking demand compared to the existing site use.
7.0 ASSESSMENT Conservation Areas Statutory Test - 7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. It is whether the proposal would preserve or enhance the character of the Conservation Area. - 7.2 The terrace is already mixed-use. While not many commercial uses are above ground floor at the moment, this addition is not considered to change the land use character of the area. Therefore, the proposal is considered to preserve the charterer of the Area and passes the test. Elements of Assessment - 7.3 The key considerations in the determination of the application are its principle, its impact on parking provision and the amenities of the neighbours. Principle of the Conversion - 7.4 The terrace is a well-established mixed-use area. Therefore, the proposed beauty salon is considered principally acceptable. Parking Provision - 7.5 The proposal would require at least two parking spaces, one for the operator and one for a customer. The flat is a one-bedroom unit, which requires one parking space. It means an increased demand for one parking space. There is no designated parking space for this proposal, and the parking space in this section of Woodbourne Road is limited. - 7.6 This being said, the terrace is acting like a neighbouring centre, where many people would access the terrace on foot. Therefore, it is considered that the impact on parking provision in the area is acceptable. Neighbouring Amenities - 7.7 It is considered that the operation of a beauty salon is unlikely to harm neighbouring amenities.
8.0 CONCLUSION - 8.1 It is considered that the proposal would preserve the character of the Conservation Area and would not give rise to an unacceptable impact on amenity or impact on highway safety. The proposal is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan. Therefore, it is recommended for an approval.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted Date: 23.07.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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