Officer Report

Application No.: 18/00644/C Applicant: Infinity Dental & Beauty Spa Limited Proposal: Additional use of existing beauty treatment, office (Class 4) and retail (Class 1) to include a dental clinic and medical spa Site Address: Unit 19 Tower House Loch Promenade Douglas Isle of Man IM1 2LZ Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 24.07.2018 _________________________________________________________________

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

Plans/Drawings/Information:

This approval relates to the submitted documents and drawings reference numbers 01, 02 and 03 all received on 19th June 2018. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________

Officer’s Report

0.1 INTRODUCTION - 0.2 The application is not recommend to be determined by the Planning Committee (although proposed uses are not in accordance with the land use designation "Shopping") as

the DEFA Standing Orders 2018 (par 3) allows an exception "…in circumstances where the application is similar in nature to a previously approved application to which there are relatively minor differences…".

1.0 THE SITE - 1.1 The site represents Unit 19 which is located on the third floor of Tower House complex on the seaward side of Castle Street. Currently the site is used primarily for "Beauty Treatments" as well as associated office and retail uses.

2.0 PLANNING STATUS - 2.1 The site lies within an area designated on the Douglas Local Plan as Predominantly Shopping. - 2.2 General Policy 2 states: "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."

2.3 Paragraph 9.4.5 of the IOMSP states; "It is accepted that in some circumstances a mix of uses can be appropriate within town centre locations such as residential flats above retail units or office accommodation, particularly where this can help to ensure the use of the area at different times during the day, thus helping to ensure the security and vitality of these areas."

3.0 THE PROPOSAL 3.1 The application seeks approval for additional use of existing beauty treatment, office (Class 4) and retail (Class 1) to include a dental clinic and medical spa. The proposal would result in the additional 2 to 3 staff. The applicants have confirmed that a medical spa includes the following services; "…providing non-surgical and aesthetic treatments such as Botox, fillers, laser hair removal, tattoo removal, fat reduction, radiofrequency facials and intravenous vitamin supplementation.

4.0 PLANNING HISTORY - 4.1 In terms of Tower House permission was granted for a new building (i.e. Tower House) as a retail centre and offices (96/01573/B). The third floor was mainly designated as retail (units around the courtyard) while offices where approved to the northern end of the building,

which I believe it still is today. The existing unit has been used as a beauty treatment since at least 2008. There have been a number of approvals since 2009 for the uses of the retail units for office use within Towner House.

5.0 REPRESENTATIONS - 5.1 Highway Services comment that: "The applicant states that the hours of business for the premises are Monday to Saturday 8am to 9pm and 10am to 3pm on Sundays. The proposal would require 2 or 3 additional staff and would provide various treatments of different durations. The existing and proposed floor plans show that no additional treatment rooms would be provided for the development. The parking standards in 'The Isle of Man Strategic Plan 2016' require 3 spaces per consulting room plus staff parking, and therefore the site parking demand would increase by 2 to 3 spaces for the proposal. There is no existing site parking and no room to create such. The application states that on-street parking on the Promenade and the Chester Street public car park are currently used to serve the site. The town centre location with public car parking and good public transport links allows for a reduction in the parking standards, and therefore the small increase in the site parking demand is considered acceptable. There would be no site access changes as a result of the development." They do not object (24.07.18) - 5.2 Douglas Borough Council indicate that they have no objection (23.07.18).

6.0 ASSESSMENT - 6.1 The site is already used for beauty treatment and the new additional uses (Dental Clinic and Medical Spa) would appear to be of a similar uses to complement the existing use. The IOMSP indicates that mixed uses within Retail areas are acceptable so again this additional use would fall within this, within a sustainable location in Douglas centre. Overall, it is considered the proposal raise no concerns.

7.0 CONCLUSION - 7.1 For these reasons set out in this report, it is recommended that the application be approved.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) 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.

Decision Made : Permitted Date: 24.07.2018

Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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