Officer Report

Application No.: 15/00156/C Applicant: Tibi Hair Designs Ltd Proposal: Change of use of two rooms of existing office accommodation to hairdressing salon with complementary beauty and health therapies Site Address: The Old Market House Balthane Road Balthane Ballasalla Isle Of Man IM9 2AF 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 Old Market House, a single storey detached building located on the northern side of the highway within Balthane Industrial Estate, Ballasalla. The site has thirteen parking spaces available on site. The building is currently used as part offices and part residential. - 1.2 Within Balthane Industrial Estate are a timber and plywood depot, car sales and car hire services, car restoration services, offices, storage units, recycling facilities, HGV storage, a café and recently approved was a dog grooming salon.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the change of use of two rooms from existing office accommodation to a hairdressing salon with complementary beauty and health therapies. - 2.2 The proposal would remove an existing boardroom and office on the ground floor and there would be an office, WC and kitchen remaining at ground floor and two bedrooms and a bathroom within the first floor. It is understood that the occupant of the first floor accommodation is vacating the premises in the near future.

3.0 PLANNING HISTORY - 3.1 Planning approval was granted in 1999 under PA 99/01072/B for the alterations to part of the dwelling to create take away unit and erection of garage to rear. The application site has been the subject of a number of other previous planning applications that are not considered materially relevant to the assessment of this current planning application.

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 three policies that are considered materially relevant to the assessment of this current planning application:

Strategic Policy 9 states: "All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excluding corporate headquarters suitable for a business park location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8."

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 do not object to the current planning application (06/03/2015).

6.0 ASSESSMENT - 6.1 The salon was originally based in the Mount Murray Hotel and Country Club and was forced to relocate and share with an existing salon in Castletown as a result of the damage caused by the fire that occurred at the Mount Murray. - 6.2 There are no specific policies in the Isle of Man Strategic Plan 2007 that are considered applicable to the proposed use. Hairdressing falls under Use Class 1 Shops which also includes the retail sale of goods other than hot food, post office, sale of tickets or as a travel agency, sale of sandwiches or other cold food for consumption off the premises, display of goods for sale and the hiring out of domestic or personal goods or articles, where the sale, display or service is to visiting members of the public. Retail uses are covered by the Strategic Plan, where such uses are directed towards town centres. The application site would sell the typical hairdressing products that would not necessary be available in high street stores. - 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 hairdressing and beauty salon 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 Whilst not an industrial use, what is proposed is a commercial operation. The application site building, as the name implies, would have originally been a dwellinghouse and is situated on the edge of the industrial estate; not in the centre. Over time the building has been used as offices, a take away and is now used as offices with residential on the first floor. Although, the site is located within Balthane Industrial Estate and within an area zoned for industrial use, the building has never been used for industrial uses and certainly does not reflect or have the form of a typical industrial building nor would the building be considered appropriate for industrial uses.
• 6.4.2 In principle, the use of part Old Market House as a hair dressing salon with complementary beauty and health therapies is not considered to have an adverse effect on the locality or other users in the estate.

- 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, Ballasalla and other town centres in the south of the Island.
• 6.5.2 Ideally a hairdressing salon should be located within a town or village centre location. The applicants have explained that their existing situation is not ideal due to the limited floor space and with some of the salon facilities located down a flight of stairs prevents any disabled and those with limited mobility visiting the premises. Further to this there have been a number of customers that have raised complaints about the parking within Castletown and having to sit within a confined space.
• 6.5.3 It is understood that the applicants have been actively looking for alternative premises within Castletown but have been unable to find anywhere that is suitable for their needs and requirements. The applicants have stated that with the exception of Callow's Yard, the majority of properties that have been looked are derelict and require a substantial cash injection to bring the building up to the level of a professional hair and beauty salon.
• 6.5.4 Regarding the problems currently experienced by the applicants, Old Market House can provide thirteen parking spaces, which based on the needs and requirements of the applicant would be more than what would be required. In addition to this, the salon would be operated solely on ground floor level which would be beneficial to clients with disabilities and limited mobility.
• 6.5.5 In addition to the above, the site is located within Balthane Industrial Estate where there are a large number of established business and commercial operations. Such a use in this location would allow walk-ins to visit the premises before, during or after work and in this sense a hairdressers and beauty salon within a busy industrial estate may be considered sustainable and convenient to the users of Balthane Industrial Estate should they wish to use the salon.
• 6.5.6 Although there is an existing hairdressing salon in Ballasalla there is limited parking available and only hairdressing available. This salon would provide reiki, personal training, body massage, manicure, pedicure and facials. In this respect, there are limited premises within Ballasalla that can provide parking, and limited existing services that are being offered under this application.
• 6.5.7 This is a very finely balanced application with regards to the location out of a town or village centre. On assessment, and considering the needs of the applicants and their clients, it

is considered that the use of part of Old Market House would be a benefit to the users of existing customers of the salon who would now have sufficient parking along with users of Balthane Industrial Estate. It is judged 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 items on sale would be considered to be a specific need.

- 6.6 PARKING AND HIGHWAY SAFETY

• 6.6.1 There are thirteen spaces available on the site for staff and customers. Initially, three to four customers plus three staff would be at the premises resulting in an excess of 6 parking spaces. However, the applicant has stated that as the business will expand when supplementary services are developed there could be up to ten vehicles on the premises at any one time. As a result, it is not considered that the proposed use would adversely affect highway safety or result in a significant demand of on street parking.
• 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.

Recommendation Recommended Decision: Permitted Date of Recommendation:

17.03.2015

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. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 the premises shall not be used other than for a hair and beauty salon and for no other purpose in Class 1 of Schedule 4 of the Order at any time.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.

This approval relates to Location Plan 01, Drawing Numbers 03/07/01 Existing Floor Plan, 03/07/01 Proposed Floor Plan and 03/07/02 all date stamped as received on 12th February 2015.

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 : Approved Committee Meeting Date:…20.04.2015 Signed : Melissa McKnight Presenting Officer Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph). Signatory to delete as appropriate YES/NO