20 May 2022 · Delegated
40, Cronk Cullyn, Colby, Isle Of Man, IM9 4ps
Permission was sought to erect a log cabin in the rear garden of 40 Cronk Cullyn, a two-bedroom terraced bungalow in Colby, for use as both a residential space and a dog grooming business. The application was refused by a delegated Principal Planner in May 2022. Two formal reasons were given: the proposed commercial use is not consistent with the area's predominantly residential land use designation, and the site cannot provide the number of parking spaces required for a business of this type. The officer report also identified neighbouring amenity and questions around site ownership and parking as key issues considered during the assessment.
The application was refused on two grounds. First, running a dog grooming business from a log cabin in a residential rear garden conflicts with the area's predominantly residential land use designation. Second, the site does not have enough parking spaces to meet the required standard for a commercial use of this type.
Refusal Reasons
"predominately residential" land use designation
The use of a log cabin for a dog grooming business is not in accordance with the "predominately residential" land use designation of the Area Plan for the South.
parking standards
The proposal does not have the required parking spaces available as per Transport Policy 7 in connection with Appendix 7 to be deemed acceptable.
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
Development Control
General Policy 2 which sets out general 'Development Control' considerations which are arguably relevant even where a proposal is not in accordance with the land-use designation
General Policy 2: 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; (l) 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. 6.3 Development outside of areas zoned for development
