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The site represents the residential curtilage of an existing semi-detached property situated on the northern side of the A4 coast road in Knocksharry, just to the west of its junction with the Switchback Road. The site is not correctly or accurately defined (see aerial photograph) in terms of the extent of the site or the position of the access road, garaging and summer house) but accommodates the semi-detached dwelling, a block of garaging which is shared between the two dwellings and a small chalet beside but not attached to the garaging. Access to the garaging is via a rather tortuous route up the Knocksharry Farm lane almost to the yard and then back around to the rear of the properties where the garages are set back from the lane, not as shown in the submitted plans.
The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan). Order 1982 as Woodland within a wider area of an Area of High Landscape or Coastal Value and Scenic Significance.
Planning permission was sought for the following:
Proposed now is the change of use of a small summer house in the rear garden to a beauty salon. The applicant describes the services to be provided as beauty treatments and massages and will involve up to three staff working on a part-time basis between 9am and 9pm. The applicant suggests that there will be between 15 and 20 clients per week.
German Parish Commissioners indicate that they have no objections to the application.
Department of Transport Highways and Traffic Division raise no objection provided that off street parking is provided so that existing parking spaces serving the main property are not lost and also that the salon is used as such ancillary to the main dwelling.
Isle of Man Water Authority recommend a note regarding the provision of water supplies.
The Society for the Preservation of the Manx Countryside and Environment suggest that the facility should be sited within an established town not dotted randomly around the countryside and expresses concern that the change of use may lead to applications for extensions of the existing building.
Whilst the proposal would probably not result in any significant loss of amenity to the neighbours who live alongside, the principle of the use of rural buildings for commercial use would not be in accordance with the policies of the Strategic Plan, particularly Business Policy 10 which suggests that retail use will be permitted only in established town and village centres and Business Policy 7 which suggests the same for office developments. Whilst there is provision for the use of redundant rural buildings for other uses under Environment Policy 16, this requires that the building in question is of historical, architectural or social interest or otherwise of visual attraction, which this building is not. The location is not particularly close to any established settlement or frequent public transportation system and as such could be seen to adversely affect the nearest town centre where such a use, arguably should be located. Peel has a number of buildings which could be used for such purposes which are not presently used.
Whilst the applicant suggests hours of operation (which include going on until 9pm) it would be difficult to control and difficult to ascertain whether those visiting were customers or guests of those in the main dwelling.
However, there have been a number of recent appeal decisions relating to the alternative use of residential property – mostly in urban areas – but where the decision has been to permit such uses – osteopathy facilities, beauty salon and fitness training (see attached – PAs 05/1832, 06/2232 and 07/0039). No reference has been made in the decisions for any of these to the loss of commercial activity in nearby settlements. Two of these decisions involved restricting the hours of operation of the facilities to no later than 3pm and 6pm.
It would appear therefore, that the loss of business for established commercial centres is not a consideration in the case of small scale residential-based operations such as the one proposed here and in this case there is much less of an impact on surrounding properties as there is only one and there has been no objection from this neighbour. I am concerned however that the commercial use in the summer house should not be undertaken beyond 6pm in order to limit the additional comings and goings and disturbance for the neighbour, in accordance with the decisions taken in respect of the three applications cited above.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The Isle of Man Water Authority raise issues associated with the provision of a water supply, which are not material planning considerations and as such the Water Authority should not be afforded party status in this instance.
The Society for the Preservation of the Manx Countryside and Environment are not directly affected by this development and as such should not be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 17.12.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
C 2. This permission relates to the use of the summer house as shown in the plans and drawings submitted on 25th October, 2007 for the purposes of a beauty salon, operated in association with the occupation of 2, Knocksharry Cottages.
C 3. The salon may be operational only between the hours of 0900hrs and 1800hrs with one evening each week where appointments may be taken up to 2100hrs. ~~1800 hrs on a Saturday and at no time on Sunday~~
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : 21/12/07
Signed : [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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