20 September 2018 · Planning Committee
Unity Dance School, Switzerland Road, Douglas, Isle Of Man, IM2 4ng
The site is a former Gospel Hall on Switzerland Road in Douglas, recently converted to a dance studio serving around 30 children in evening and Saturday classes. The proposal was to remove the original condition limiting customer presence to specific days and times (Tues-Thurs afternoons/evenings and Saturday mornings)…
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The principle of the dance studio use was established by the implemented prior approval 17/00851/C, so the assessment focused on whether removing the hours condition would unacceptably exacerbate impa…
General Policy 2
Requires development not to adversely affect amenity of residents, character of locality, provide adequate parking, avoid unacceptable road safety/traffic effects, and consider community safety. Tested against noise, traffic, parking, and security impacts of extended hours; considered acceptable with conditions for car park, limited hours, despite residential zone, given site's mixed location and prior church use.
Community Policy 3
Permits loss of community facility only if no longer practical/desirable. Noted as relevant guidance; prior approval justified retaining dance studio over church use due to dwindling congregation and community benefits for children.
Environment Policy 22
Prohibits development unacceptably harming amenity via noise pollution. Assessed via consultee visits confirming no breakout noise post-soundproofing; conditions ensured retention of measures.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Use limited to dance studio
For the avoidance of doubt, the use hereby approved shall be limited to that of a dance studio.
Car park markings
Prior to the implementation of the approval hereby given, the car park shall be marked out in accordance with details which have first been approved in writing by the Department and show spaces and vehicle manoeuvring room. The car park shall be marked out in accordance with the approved details and retained as such thereafter.
Hours restriction
No customers shall remain in the building or within the site outside the hours of 8:30 to 21:00 on any day.
no objection
no objections to extended hours; good location reducing anti-social behaviour; music not excessive; recommends noise suppression and air conditioning
no discernible noise breakout; advice on soundproofing and air conditioning followed; minimal noise anticipated
no opposition subject to car park condition; satisfied with emergency access; spaces below standards but acceptable to maximise on-site parking
Multiple consultees including IOM Constabulary, Environmental Health, Highways, and Douglas Borough Council responded to the application to remove operational hour restrictions at Unity Dance Studios, generally supporting or raising no objections with some conditions requested for parking and noise mitigation.
Key concern: inadequate car parking spaces and manoeuvring space leading to potential overspill parking
IOM Constabulary
No Objectionthe Constabulary do not have any objections to the application; some form of noise suppression be placed on the inside of the window reveal and behind the one music speaker; I have suggested that some signage and the use of social media to her followers to park in these allocated bays on site
Conditions requested: some hours of operation will be required that will meet all interested parties
Environment Health Officer
Conditional No Objectionno discernible noise emanating from the building; the control measures they have already put in place are sufficient; the various conditions you wish to include within the approval are no longer necessary
Conditions requested: the approval requires the applicant to operate the premises (including the car park) in such a manner so as not to give rise to any disturbance or nuisance to the residents in the surrounding area which would materially interfere with their enjoyment of their homes
DEFA Environmental Health
No CommentKeep all activity within the hall; Keep the windows & fire exit closed during dance classes; Provide sound deadening material within the window reveals; Look to acquire portable air conditioning units; Consider installing noise attenuating/sound deadening drapes panels & other sound absorbing materials
Highway Services Division
Conditional No ObjectionHighway Services does not oppose the application subject to a planning condition; Recommendation: DNOC
Conditions requested: a planning condition be imposed for the applicant to submit a scale site plan showing a revised car park layout for planning approval, with suitable size spaces and adequate vehicle manoeuvring room; Prior to the development being brought into use, the car park layout should be marked out as per the approved plan and the markings for the existing spaces removed
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections to the listed application
Department of Infrastructure Highways Division
No CommentHighways input deferred pending further information/input; Code definition: DEFER
The original application 17/00851/C approved change of use of the former Switzerland Gospel Hall to a dance studio subject to Condition 3 restricting days and hours to protect residential amenity. Application 18/00628/B sought removal of Condition 3 and was approved by the Planning Committee on 20 September 2018 subject to a new hours condition (08:30-21:00). Local residents from Highgrove Mansions appealed, arguing unacceptable noise, disturbance, highway safety, and parking issues in breach of policies EP22 and GP2. The inspector found current noise mitigation inadequate for extended hours but concluded harm could be addressed by additional conditions for air conditioning, soundproofing, and car park layout. The appeal was dismissed on 8 January 2019, upholding the approval with the recommended conditions.
Precedent Value
Appeals against condition removal require robust objective evidence (e.g. expert noise tests); inspectors favour consultee views and will impose additional conditions to secure compliance with policies like EP22 rather than overturn approvals. Applicants should proactively install all recommended mitigations pre-appeal.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI