Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 23/01099/C Applicant: Mrs Christine Eve Proposal: Change of use of room into clinic to provide beauty treatments Site Address: Round Table House Ronague Castletown Isle Of Man IM9 4HJ Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 25.02.2025 _________________________________________________________________

Conditions and Notes for Approval

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.

• C 2. The use hereby approved shall only be for the benefit of Mrs Christine Eve while resident at Round Table House and no staff may be employed and/or work at the premises.

Reason: Although the specific details of this application have been found acceptable, any change to its operation will require fresh assessment.

• C 3. Notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) Regulations 2013 (or any Regulations revoking and/or re-enacting those Regulations with or without modification) no advertisement on or within Round Table House may be displayed without the prior submission and approval of advertisement consent. Reason: To control development in the interests of the amenities of the surrounding area.
• C 4. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the building hereby approved shall be used only for the purpose hereby approved (beauty therapy) and shall not be used for any other purpose within Use Class 1.1 without the express grant of planning approval from the Department.

Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.

• C 5. For the avoidance of doubt, should the clinic cease to be used by the applicant, the room should be returned to its existing use as a habitable room for purposes incidental to the enjoyment of the dwelling house.

Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.

This application has been recommended for approval for the following reason.

Due to the scale of the proposal, the use of the living room by the applicant for home working under Use Class 1.1(e) is considered acceptable; no adverse harm is observed in respect of residential amenity or the nearest high street viability. In general the proposal meets the aims and objectives of General Policy 2, Business Policy 1 and Transport Policy 7 of the Isle Strategic Policy (2016).

Plans/Drawings/Information; This decision relates to the following Plans, drawings and detail received on the 5th of October 2023; unless stated otherwise.

• o Location Plan, drawing no.0912/01
• o Proposed ground & first floor plans, drawing no.0912/03 Rev.A; this drawing has labelled the existing living room as the proposed Clinic Room.
• o Parking and access plan
• o Satellite view annotated with access points.
• o Photographs illustrating available parking spaces.
• o Customer booking template. _________________________________________________________________

Interested Person Status None

_________________________________________________________________ Officer’s Report

- 1. THE SITE

• 1.1. The application site, as delineated by the red line on the Location Plan, relates to the curtilage of a detached two storey dwellinghouse known as Round Table House. On account of the land being at and between the junction of the A27 and the B42, the site is it a triangular shape. Access to the site can be gained from the A27 and B42. The private off-road parking is accessible from the B42.
• 1.2. At the road junction on the opposite side is the nearest residential property, Ronague Chapel. Diagonally opposite the site is the residential property Cummel Beg.
• 1.3. Land on the A27 is relatively level resulting in the application site and Cummel Beg being on similar land levels where they meet the A27. The land falls away steeply meaning that where the site and Ronague Chapel meet the B42 the land levels are lower. All three dwellings are surrounded by open pastureland.

- 2. THE PROPOSAL

• 2.1. This application seeks approval for an additional use of a room within the dwellinghouse. A change of use from the existing living room into an aesthetics clinic; beauty treatments.

• 2.2. Under the Town and Country Planning (Use Classes) Order 2019 this represents a change from the existing use under Part 3, Class 3.3 to a use falling within Part 1, Class 1.1 (e) hairdressing or the provision of beauty treatments.
• 2.3. It is stated that no physical changes to the dwelling are proposed and that the use is to supplement existing employment. Customers would be required to book via a booking system, one client at a time and would be seen on a 1 to 1 basis.
• 2.4. The application is supported by the following documents:

• o Existing floor plan - labelled 'proposed ground & first floor plans' drawing no.0912/03 Rev.A
• o Proposed ground & first floor plans' drawing no.0912/03 Rev.A; this drawing has labelled the existing living room as the proposed Clinic Room.
• o No advertisements are proposed.
• o A sample of the booking system.
• o Various photographs and montages showing the available parking and access points.

• 3. PLANNING POLICY Site Specific

• 3.1. The site is located in open countryside, in the southern area of Arbory, and has no specific development designation on the area Plan for the South, Proposals Map 3. The land is designated as 'Incised Inland Slopes (D14)' on the Area Plan for the South, Map 2, Landscape Assessment Areas.
• 3.2. The site is not in a flood zone however there is a low to high likelihood of surface water flooding recorded on the site's boundary with the A27 Ronague Road and the B42 Ronague.
• 3.3. There are no Public Rights of Way (PROW) close to the site, no Registered Buildings or Protected Trees.
• 3.4. Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:
• 3.5. Strategic Plan
• 3.6. There is no specific policy relating to conversion of a room in a domestic house for the purpose of working from home or operating a small business from home.
• 3.7. However, taking account of the aforementioned paragraphs the following policies within the adopted Isle of Man Strategic Plan 2016 are considered most relevant.
• 3.8. Strategic Policy 9 and Business Policy 10 set out that retail provisions are only to be permitted in established town and village centres.
• 3.9. Business Policy 1 which sets out that the growth of employment opportunities throughout the Island will be encouraged.
• 3.10. General Policy 2 is relevant to all applications and in this instance specifically;

• (g) does not affect adversely the amenity of local residents or the character of the locality and;
• (h) Provides satisfactory amenity standards, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space and;
• (i) Does not have an unacceptable effect on road safety or traffic flows on the local highways and;
• (j) Can be provided with all necessary services and;
• (k) Does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan.

• 3.11. Although not directly related, Business Policy 13 relates to supporting the use of private residential properties for the private business purpose of renting a room, holiday let. The support is offered on the condition that it would not compromise the amenities of neighbouring residents. This point connects with General Policy 2 and is a thread through the Strategic Plan 2016.
• 3.12. Transport Policy 7 in connection with Appendix 7.6 which sets out the requirement for parking standards.
• 3.13. OTHER MATERIAL CONSIDERATIONS Legislation
• 3.14. Town and Country Planning (Use Classes) Order 2019 Schedule, Class 1.1 - Shops.

- 4. OTHER MATERIAL CONSIDERATIONS

• 4.1. Draft - Local Economy Strategy 2024-2034
• 5. PLANNING HISTORY

• 5.1. The following planning history is considered to be materially relevant to determine this application.

• o 10/01087/B Alterations and extensions to dwelling (comprising amendments to PA 10/00014B)
• o 10/00014/B Alterations / erection of extension and attached garage and relocation of existing vehicular and pedestrian access.

• 6. REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. Local authority

• o Castletown Commissioners - although consulted on the 10.10.2023, has not commented
• on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
• o Arbory and Rushen Commissioners - (01.11.2023) Support. Statutory Bodies
• o Highway Services: (07.10.2024) no objection; initial objection removed after reviewing updated information, found the proposal acceptable subject to conditions of operation; no employees.

- 7. ASSESSMENT

• 7.1. Principle

• 7.1.1. Ideally services should be in the towns and villages to help maintain and encourage footfall. The ethos being, the greater the choice in centres, the more likely the use of alternative means of travel. The site is isolated and use of a motor vehicle most likely than any other mode of transport.
• 7.1.2. However, the impact of a single employee operating in this location is unlikely to draw materially harmful levels of trade away from a village or town centre. Therefore it is unlikely that the proposal would not significantly impact vitality. Moreover, such small businesses could enable the growth of a business that would eventually achieve a sufficient turnover as to encourage a move to appropriate commercial premises in a town centre in due course.
• 7.1.3. The principal of working from home and a change of use of one habitable room without the need to construct an extension is generally considered to be acceptable subject to full considerations of other relevant material planning matters.

• 7.21.4 When looking at the principle of the additional use it should be acknowledged that permission has been approved and refused for the operation of businesses from a residential property, throughout the Island.

• 7.1.5 The key considerations in determining the acceptability of this proposal are considered to be whether the use could cause undue harm to residential amenity, the highway network.
• 7.2. Residential Amenity

• 7.2.1. It is not uncommon for proposals such as this to generate concerns regarding the potential impact upon highway safety through on-street parking, additional noise disturbances due to additional comings and goings from the site. The applicants are the full time occupants of the property, living within the other rooms within the property and will be the only employee working from this address. As such it will be in their best interest to minimize the activity that could cause undue disturbance.

• 7.2.2. There are no window to window relationships with the other neighbours.
• 7.2.3. No neighbour objections have been received.
• 7.2.4 The nature of the business is not known for generating unacceptable levels of noise. Parking is provided, and there will only be one client at a time and the occupant of the dwellinghouse is the sole employee; a condition is proposed.
• 7.2.5 The potential neighbour nuisance therefore is that of traffic to the dwelling. All neighbours could become aware of this to varying degrees and in part would be more noticeable during hours of darkness during the winter months.
• 7.2.6. The neighbours are considered to be the detached dwelling opposite, Ronague Chapel because some of the habitable rooms are on higher ground than the parking area of the site and look onto the road.
• 7.2.7. However, it is considered that the due to the proximity to the road, and the B42s link to the A27, the impact of increased traffic for any purpose could be observed. Therefore this small business providing 1 to 1 appointments is unlikely to cause undue harm to residential amenity.
• 7.2.8. The activity between appointments would be more, the hours of operation are similar to the times an average working person would leave and arrive to and from work.
• 7.2.9 Therefore no harm to residential amenity is observed from the use of the room.

• 7.3. Traffic and Parking Provision

• 7.3.1. Policy TP7 requires two parking spaces and there should be a parking space for the customer. The applicant is the occupant of the dwelling and sole operator of the business therefore it will be in the applicants' interests to ensure adequate off-road parking for the customer.

• 7.3.2 After providing additional information to Highways, the proposal is considered to have adequate parking provision based on the above and a condition restricting numbers of customers and operating staff.

7.3.4 On balance the additional activity could be generated by online shopping or additional comings and goings from the property. The small business is unlikely to cause undue harm to the public highway. Therefore no reasons for refusal are observed.

• 7.4. Planning balance

• 7.4.1. The locality is rural comprising the three residential properties and agricultural land. The proposal introduces a professional service to the area which conflicts with the Strategic Plan to encourage retail into the villages and towns.

• 7.4.2. No extensions or alterations are proposal to facilitate the proposed change of use and conditions to restrict the numbers and Use within the Class are proposed to protect the character and neighbour amenity.
• 7.4.3. Small enterprise often begins at home before expanding and post Covid-19 the number of people working from home has increased. The impact has resulted in the conversion of space within the curtilage of a dwellinghouse for use as an office.
• 7.4.4 The applicant will become aware of client's shared experiences of arriving and departing from the site. Ultimately this might determine whether the use is suitable or not. However at the time of writing this report there are no known reasons for refusal.
• 7.4.5 Consideration has been given to whether a restriction on the hours of operation is relevant. The applicant is not planning to operate set hours or fill her day. The location and size of the room contained within the applicant's home is likely to dictate the timing of customers. A condition is recommended for operation by the applicant who is in full time residence. With these observations in mind and the fact that this is a detached property with no adjacent neighbours, it is considered that a restrictive condition is not relevant. In any event, should adverse noise impacts arise this could be addressed through other legislation.

- 8.0 CONCLUSION

8.1 Due to the location, scale, beautician use and pre-booked service managed by the applicant, the proposal is considered to cause no harm to residential amenity or town centre economy. The proposal is considered acceptable and is considered to accord with the relevant sections of General Policies 2 of the Isle of Man Strategic Plan 2016.

RECOMMENDATION

8.2 It is recommended that the planning application be permitted subject to conditions. - 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• a) the applicant (including an agent acting on their behalf);
• b) any Government Department that has made written representations that the Department considers material;
• c) the Highways Division of the Department of Infrastructure;
• d) Manx National Heritage where it has made written representations that the Department considers material;
• e) Manx Utilities where it has made written representations that the Department considers material;
• f) the local authority in whose district the land the subject of the application is situated; and
• g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine:

--- whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and

-- whether there are other persons to those listed above who should be given Interested Person Status.

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: 06.03.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.