Officer Report

Application No.: 14/01382/B Applicant: The Fairy Dogmother Proposal: Conversion from storage unit to a dog grooming business, retail related sales and store Site Address: Unit 11 Harmat Court Balthane Ballasalla Isle Of Man IM9 2AU Case Officer : Miss Melissa McKnight Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE BECAUSE THE PROPOSED USE IS CONTRARY TO THE LAND USE ZONING FOR THE SITE.

1.0 THE APPLICATION SITE - 1.1 The application is Unit 11 Harmat Court, a single storey industrial building located on the north eastern side of the highway within Balthane Industrial Estate, Ballasalla. The site has two designated parking spaces that sit adjacent to the unit. - 1.2 Within Balthane Industrial Estate are a timber and plywood depot, car sales and car hire services, car restoration services, offices, storage units and recycling facilities.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the conversion of Unit 11 from storage to a dog grooming business with sales and store. - 2.2 The unit would be split into two internally to provide a store room and grooming area with a small retail sales area.

3.0 PLANNING HISTORY - 3.1 The application site has been the subject of six previous planning applications, four of which are considered materially relevant to the assessment of this current planning application given the level and nature of development proposed, all of which were granted planning approval and have been listed below: PA 07/01919/B: Conversion from light industrial to retail use. PA 06/01646/B: Extension to create workshop units, infilling between approved units.

PA 05/00532/B: Change of use of recently approved workshop wing (04/01704B) to stores, and erection of an additional stores extension.

PA 01/01739/B: Erection of workshop and storage units

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is in an area zoned as Industrial under the Area Plan for the South 2013. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered materially relevant to the assessment of this current planning application:

Business Policy 5 states: "On land zoned for industrial use, permission will be given only for industrial or for storage and distribution; retailing will not be permitted except where either:

• (a) the items to be sold could not be sold from a town centre location because of their size or nature; or
• (b) the items to be sold are produced on the site and their sale could not be reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area."

Business Policy 10 states: "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5."

5.0 REPRESENTATIONS - 5.1 Malew Parish Commissioners have no objection to the current planning application (09/01/2015). - 5.2 The Department of Infrastructure Highway Services do not oppose the current planning application (05/01/2014).

6.0 ASSESSMENT - 6.1 In 2007 planning approval was granted for a change of use of the unit to retail. It is not known whether that approval was ever taken up, but the approval has now lapsed and the current use of the premises is a storage unit. The application needs to be assessed against Strategic Plan Policies afresh. - 6.2 There are no specific policies in the Isle of Man Strategic Plan 2007 that are considered applicable to the proposed use. Dog grooming 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. - 6.3 The fundamental issues to consider in the assessment of this current planning application are; 1) whether the use of the unit as a dog grooming salon with sales and store room would be acceptable in this location; 2) whether the proposed use would detract from the vitality and viability of the town centre; and 3) the impact upon parking and highway safety. - 6.4 USE

• 6.4.1 The proposed intended use is fairly unique in that it does not readily fall into any established use class and is not a common use.
• 6.4.2 Whilst not an industrial use, it is a commercial operation and it is not considered that the proposed use would have an adverse effect on the locality or other users in the estate.
• 6.4.3 It is evident from a number of previous planning applications relating to other units within Balthane Industrial Estate that a deviation away from industrial use would not be rare within this estate. Within the estate are car sales and garages, scrap depot, offices, storage units so in principle the use of Unit 11 as a dog grooming salon with sales and store is judged acceptable.

- 6.5 VITALITY AND VIABILITY

• 6.5.1 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 and the goods to be sold 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 the retail element at 3sqm smaller still. The items on sale would be considered to be a specific need and not items that would be purchased from window or impulse shopping.
• 6.5.2 A dog grooming salon is not uncommon in a town centre location however but is not a mainstream store. 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.

- 6.6 PARKING AND HIGHWAY SAFETY

• 6.6.1 There are two parking spaces allocated to application unit. There would be one permanent member of staff at the premises. With a dog grooming salon, customers are only likely to visit the premises to drop off and pick up. Given that a dog can be sometimes be at the salon for long periods of time during the day with visits usually based on appointment only, it is considered that the two parking spaces are acceptable. It is also important to acknowledge that Highway Services have not objected to the application.
• 6.6.2 In addition to the above, from experience one also finds that dog owners may often walk to a dog grooming salon, if in 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.

7.0 RECOMMENDATION - 7.1 It is recommended that the planning application be approved.

8.0 PARTY STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure) (No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of

the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits.

9.0 PLANNING COMMITTEE SUPPLEMENTARY REPORT - 9.1 The planning application was recommended for approval and was brought before Planning Committee on 26th January 2015 for consideration. - 9.2 The key issues of the application were summarised and the application was discussed with particular regard to Condition 2. It was decided that the retail sales from the premises should be restricted to goods relating to dogs and cats only, not pets in general. - 9.3 As such it was concluded that Condition 2 should read:

"Retail sales from the premises must remain ancillary to the primary use of the building as a dog grooming business and goods to be sold must be restricted to goods relating to dogs and cats."

9.4 Planning Committee accepted the recommendation for approval.

Recommendation Recommended Decision: Permitted Date of Recommendation:

14.01.2015

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

• 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Retail sales from the premises must remain ancillary to the primary use of the building as a dog grooming business and goods to be sold must be restricted to goods relating to dogs and cats.

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.

• C 3. No approval is hereby granted to the erection of signage as such is regulated by the Town and Country Planning (Control of Advertisements) Regulations 2013. An application for Express Consent for the signage should be made under these provisions prior to the erection.

Reason: Advertisements are regulated by the Town and Country Planning (Control of Advertisements) Regulations 2013 and require Express Consent.

This approval relates to drawing no: WL/14/1332/1, WL/14/1332/2, WL/14/1332/3 and WL/14/1332/4 all date stamped as received on 3rd December 2014.

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 : …PER… Committee Meeting Date : 26.01.2015 Signed :……M McKnight…….. Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO