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THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE DIRECTOR OF PLANNING.
1.1 The application site is the residential curtilage of 2 The Willows, Ballacraine, St Johns which is part of a pair of semi detached two storey cottages located to the south of Peel Road and east of Allanson’s Nursery.
1.2 Within the rear garden of the dwelling is a timber shed which was custom built to form a music studio, both for the applicants personnel use (lawful development), but also used for teaching purposes. It is this music studio which is material in this planning application.
2.1 The application seeks approval for additional use of garden music studio for teaching purposes (retrospective).
2.2 The applicant has advised that the studio was built in Spring 2007 for the applicants own personnel use as a musician. This application is a retrospective application for additional usage of this facility to teach students, one at a time (hourly & no group lessons).
2.3 The applicants states that he currently uses (personnel usage) the studio Monday and Friday evenings for approximately three hours between 1700 hrs and 2100 hrs (with meal break). This aspect does not require planning permission as it is for the applicants personnel use which is associated with the main dwelling house (i.e. hobby/pottery workshop etc). Any adverse noise levels created during this time can be enforced by Environmental Health.
2.4 The applicant has also used the studio for teaching students (retrospective). He has indicated that teaching takes place on Tuesdays, Wednesdays and Thursday evening 1700 hrs till 2100 hrs (with meal break) and Saturdays from 0900 hrs till 13 30 hrs.
3.1 There are no previous planning applications which are considered specifically material in the assessment of the current application.
4.0 PLANNING STATUS 4.1 The site is designated under the St Johns Local Plan (Planning Circular 6/99) as residential use. 4.2 Due to the site location, zoning and the type of proposal, the following policy is relevant for consideration:- 4.3 General Policy 2 states: "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; (1) 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." 4.4 Environment Policy 22 states: "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."
5.1 German Parish Commissioners have no objections to this application. 5.1 The Highway Division initial deferred from making a decision on the grounds that there was no information provided on the parking or drop off/pick up availability. However, after decision between the planning authority (who has discussed with the applicant), the Division has some concern with the drop-off/pick up as parking can be a problem. However, they have indicated that if the applicant is only teaching one pupil at a time, and a gap (more than 10 minutes, preferably 15 minutes) between lessons, then this should help the situation. 5.2 The owners/occupants of Dreem Faaie, Main Road, St Johns (owners of Ashleigh currently under construction immendiately adjacent to site) have objected to the application which can be summarised as; wooden shed (studio) is only 0.4 metres from the wall of our dwelling and drumming can be heard throughout the house; parking is an issue in the area, currently there are yellow cones to either side of Allison's Nursery to enable persons exiting the nursery; and parents are ignoring them and parking next to the cones to drop children off, which in turn discourages persons visiting the nursery and has an adverse impact upon highway safety.
5.3 The owner/occupant of 1 The Willows, Ballacraine, St Johns has commented on the application which can be summarised as; no objection to the use of the shed as a music studio subject to conditions being attached relating to hours of use and restricting the number of people being taught at any one time; does still have concerns relating to parking, currently there can be a parent waiting to pick up and another dropping off; this and also a generally increase in demand for on-street parking results in the area becoming hazardous.
6.1 The proposed change of uses forms two separate issues; the first relating to the potential impacts upon neighbouring amenities, namely noise levels form the studio. The second aspect is whether the additional use of the studio for teaching purposes creates any potential adverse impacts upon highway safety.
Potential impacts upon neighbouring amenities 6.2 Initially when first visiting the site and considering the submitted information and representations, there certainly was concern that the use of the studio for drumming lessons, within such proximity of neighbouring properties, would cause considerable impact upon residential amenities given noise created. This initial concern was also shared by the Environmental Protection Officer (DEFA) who indicated that "It is very unlikely a shed could be sound insulation such as not to cause noise nuisance from rock drums to residential neighbours in close proximity, i.e. within 0.5 metres." The Advisors therefore initially objected to the application. 6.3 Following these comments, the applicant asked for noise test to be undertaken as he indicated that for teaching purposes he did not use a standard drum kit, but an electronic drum kit which created little in the way of noise levels. Subsequently such tests where undertaken by the Environmental Protection Officer. Following these tests the officer made the following comments: "The proposed application is for retrospective use of a garden shed for music studio lessons, predominantly drums. On 26th June 2013 a demonstration of noise levels from drumming was carried out and noise measurements taken. Noise levels outside the shed, unless in the applicants garden directly adjacent the windows, was inaudible. This was due to drumming using the applicants Yamaha DTX Electronic Drum Kit with silicone gel heads which only produced noise levels inside the shed of between LAeq. Due to the sound insulation of the shed this was not measureable above background noise levels of approximately 40 dB LA90. Noise levels from bird song and traffic, although peaks were intermittent, were between LAeq measured in the garden.
Provided there is a planning condition that all drum lessons are carried out using the Electronic Drum Kit the resulting noise is likely to be virtually inaudible to adjacent local residents." 6.4 Consequently, in terms of impacts upon neighbouring properties, if a condition can be worded to ensure all teaching from the studio is only in the form of electric drums (applicants are happy to acceptable), then the noise nuisance to neighbouring properties would be insignificant.
Potential adverse impacts upon highway safety 6.5 The two neighbouring occupants have raised concern of persons coming and going from the site, which requires such persons parking on the Peel Road. Visiting the area, it was clear that on street parking in the vicinity of the site is well used by local resident in the area, who do not have parking provision within their curtilages.
6.6 The applicant has indicate that he hands out a note to parents of students which indicates that if possible please do not park within the coined area and ideally drop off rather than park. If they have to park he advises the vehicles park adjacent to the white railings (same side as application dwelling) or on the opposite side of the roads avoiding the bus stop. 6.7 Discussion with the applicants has advised that they are willing for conditions being attached which restricts one person per lesson, and that there would be a 10 minute gap between lessons to ensure pickups and drop offs do not clash. The Highway Division also consider such conditions would be appropriate. 6.8 Overall, it is considered with the relevant conditions in place and given the levels of additional traffic generated/required parking created by the use, the impacts upon highway safety would not be significant enough to warrant a refusal.
7.1 It is considered the proposals would comply with the relevant policies of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved subject to conditions.
8.1 It is considered that the following parties that made representations to the planning application by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status:
German Parish Commissioners The owners/occupants of Dreem Faaie, Main Road, St Johns (owners of Ashleigh currently under construction immendiately adjacent to site The owner/occupant of 1 The Willows, Ballacraine, St Johns 8.2 The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Permitted
Date of 22.07.2013
Recommendation:
C 1. This approval relates to the additional use of garden music studio for drumming lessons as proposed in the submitted documents which are date-stamped 3rd April 2013.
for teaching purpose may be used only evening between 10:30 and 21:00 hours between 10:30 and 21:30 between 20:00 and 13:30 more
The use of the music studio on a Tuesday, Wednesday, Thursday and Saturday is restricted and only totally to the use of Electronic Drum Kit/equipment, may be used, in No students' records
C2. may visit outside of those hours.
The business carried out within the studio may be operated only between the hours of 16:30- 21:00. Tuesdays, Wednesday and Thursdays; and 09:00 - 13:30 Saturdays. No clients may visit the premises outside of these hours.
C4.3. No more than one student/client shall be taught in the studio at any one time and a 10 minute gap.
The use hereby approved shall not be carried on by any person other than Mr. Nigel Johnson while he is occupying 2 The Willows, Ballacraine, St Johns. No more than one student/client shall be taught in the studio at any one time.
C5. Between each music lesson a 10 minute gap is required.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made: ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
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