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                                      19/01299/C                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/01299/C Applicant : Corlett Bolton Administrative Services Proposal : Change of use of ground floor shop (Class 1) and first floor residential to an office (Class 4) Site Address : 48 Michael Street Peel Isle Of Man IM5 1HD

Head of Development Management: Mr S Butler Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 29.01.2020 __

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 decision relates to drawings 4551/P1 and 4551/EX1 both received on 19th November, 2019. __

Interested Person Status - Additional Persons

None __

Officer’s Report

THE SITE 1.1 The site is the curtilage of 48, Michael Street in Peel, a three storey building which sits on the southern side of Michael Street close to its junction with Atholl Place. The building is three storeys with each level having a different character. The ground floor is a commercial shopfront with curved glass forming the western side of the entrance and large panes of glass beneath an angled signage board. Above this is a timber framed bay which angles out over the

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footway. Above this are two sliding sash windows. The façade is facing brick and above the second floor windows is a decorated gable feature.

1.2 The building is presently used as a shop on the ground floor with two floors of residential accommodation arranged as one unit.

THE PROPOSAL 2.1 Proposed is the conversion of the premises into a one bedroomed flat at second floor level with legal offices below set out with a reception area, offices, interview room and kitchen at ground floor level and above this on the first floor, a boardroom, two offices and a toilet. The flat is accessed via the communal staircase with a door at the foot of the highest flight of stairs which opens out into the doorway of the office to the right.

2.2 No external changes are proposed.

PLANNING POLICY 3.1 The site lies within an area of Mixed Use on the Peel Local Plan of 1998 and within the town's Conservation Area. The Written Statement accompanying the plan acknowledges the benefit of office use in the refurbishment of the older buildings in the town within the Conservation Area.

3.2 The Strategic Plan provides more advice about the location of office development, as follows:

Strategic Policy 9: All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park(1) 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 7: New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space

(a) on approved Business Parks for Corporate Headquarters which do not involve day to day callers; or (b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance.

9.4.5 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.

Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.

Appendix Seven Offices A.7.2 The current car parking standard associated with town-centre office development is one space per 50 sq.m. of nett office floor space, preferably provided on-site, but otherwise provided conveniently close to the site. Where office space is permitted outside of town centres, the current parking standard is one space per 15 sq.m. of nett office floor space.

A.7.2.1 Having regard to the environmental objectives of this Plan, the Department is mindful that it may be appropriate at some time in the future to re-consider these standards. In the

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formulation of an Integrated Transport Strategy (Objective 3.5(a)), it will be appropriate to consider a variety of options, including the possibility of restricting the provision of parking spaces with new town centre office developments. If accompanied by rigorous on-street parking controls and more extensive public transport, such an approach would have environmental benefits, including the evolution of a more pedestrian-friendly streetscape.

There would remain, however, a need to provide space for parking by disabled drivers, and for servicing and deliveries.

A.7.2.2 Meanwhile, and until such time as a new Strategy has been formulated after proper consultation, the Department proposes to adhere to its current standards.

PLANNING HISTORY 4.1 Planning approval was granted under 07/02125/C to a tattoo studio.

REPRESENTATIONS 5.1 Department of Infrastructure Highway Services have no objection (09.12.19).

ASSESSMENT 6.1 The issue in this case is whether there would be any adverse impact to the vitality of the town centre from the change of use of the premises from a shop with living accommodation to offices with living accommodation.

6.2 Under the Town and Country Planning (Permitted Development) Order 2012 the existing ground floor use (Shop) would fall into Class 1 (Shops) and the existing first floor use (residential) would be Sui Generis as there is no use class for flats. The proposed use falls within Class 4 (Office) because Class 2 Financial and Professional Services specifically excludes legal services, and so they fall into Class 4 (Offices) which is defined as an office which does not fall in Class 2. Under the 2012 order there is no permitted development for change of use to office (other than working from home).

6.3 Under the new Town and Country Planning (Changes of Use) Development (No 2) Order 2019 a shop is Class 1.1 (Shops) and a flat is Class 3.4 (Flats). Legal services are now explicitly included in Class 1.2 (Financial and Professional Services).

6.4 The new Town and Country Planning (Changes of Use) Development (No 2) Order 2019 includes Class 1 (Change of use to shops, financial and services or food and drink), which allows for, "The change of use of a building which is located within an area specified in Schedule 2 from a use - (a) falling within Classes 1.1 (Shops) ... (d) ... 3.4 (Flats) ... to a use falling within Use Classes ... 1.2 (Financial and professional services)..." It is relevant that the application clarifies the proposed use as a legal office. This is subject to the condition, "No customer shall be permitted to remain within the relevant building or land after 9pm on any day".

6.5 In fact, the proposal would now fall within the new Town and Country Planning (Changes of Use) Development (No 2) Order 2019 and the applicant has been informed of this by e-mail on 06.01.20 but no response has been received. If the proposes uses were to be undertaken in accordance with the Order there would be a restriction on the hours of operation such that the office would not be able to be operated after 2100hrs.

6.6 Notwithstanding the above, Article 6 of the Town and Country Planning (Use Classes) Order 2019 states,

"(1) Any planning application received by the Department before this Order comes into operation is to be determined as if this Order had not been made. (2) Any planning approval granted before this Order comes into operation is to be considered to fall within any of the use classes set out within this

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Order. This is subject to paragraph (3).

(3) (3) Paragraph (2) ceases to apply upon the breach of any condition subject to which the planning approval was granted".

6.7 Similarly, Article 5 of the Town and Country Planning (Changes of Use) Development (No 2) Order 2019 states, "Any planning application received by the Department before this Order comes into operation is to be determined as if this Order had not been made".

6.8 Therefore, the proposal should be assessed on the basis of the policies set out within this report. The proposal will involve services which are offered to visiting members of the public so will contribute to the variety of services available to people visiting the town. As the property is a handsome one within the Conservation Area, it is important that investment is made into the property and that it is maintained. As stated in the Peel Local Plan, office use can be a way of achieving this.

CONCLUSION 7.1 The application is considered to accord with the relevant policies and is supported.

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 the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 03.02.2020

Determining officer

Signed : J CHANCE

Jennifer Chance

Director of Planning and Building Control

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