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19/01455/C Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/01455/C Applicant : Mr Lee Graham Paul France Proposal : Change of use to animal hydrotherapy and rehabilitation centre Site Address : Unit 2 Block C Eden Business Park Douglas Isle Of Man IM4 2AY
Planning Officer: Miss Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 24.03.2020 __
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.
This application has been recommended for approval for the following reason. The proposal has been considered on an exceptional basis, and given the unique nature of the business operation and its need, it is considered that the proposal by reason of the sustainable location of the unit, the availability of parking spaces and acceptable amenity impact on the neighbouring units is considered to be supportable.
Plans/Drawings/Information;
This relates to drawings ref: Site Location Plan, Proposed Floor Plan, email and supporting statement all date stamped and received 13/12/2019.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject
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matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Units C1, C3 and C4 as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). __
Officer’s Report
THIS APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL IS NOT IN ACCORDANCE WITH THE LAND USE ZONING AND IS THEREFORE A DEPARTURE FROM THE DEVELOPMENT PLAN
1.0 THE SITE
1.1 The application site is the extent of Unit 2, Block C and its associated parking area comprising 5 spaces to the front of the building. The unit and parking area are located within the wider Eden Park estate situated on the southern side of Cooil Road, Braddan.
2.0 THE PROPOSAL
2.1 The application proposes the change of use of the unit to a hydrotherapy and rehabilitation centre for small animals.
2.2 The applicant advises in a supporting statement that they are a fully qualified hydrotherapist and have completed courses on K9 conditioning. The most common animal they treat are dogs most of which who have suffered injury or are pre or post-surgery.
Small kitchen, Office and WC
2.4 The supporting information indicates that the existing business operates from a small pool in Bride however no other details have been given in this respect. The 5 page supporting statement states that they have selected Eden Park due to the ease of accessibility for customers particularly those bringing injured or disabled animals and providing ample parking for both staff and customers in a high quality environment. The statement also includes ways in which they have considered energy saving and equipment waste management.
3.0 PLANNING HISTORY
3.1 The estate was originally approved in 2011 under PA 11/01232/B for the 'Erection of a light industrial development comprising 4 individual buildings providing 24 separate units with parking and landscaping'. Approval was given and confirmed on appeal, despite being contrary to policy, on the basis of the argument made by the applicants that there was a shortage of modern industrial premises of high quality and that this amounted to an overriding need. A case was made by a local agent that occupants for the units could be quickly found. In 2015 a subsequent application was submitted PA 15/00198/B for a variation of condition 10 to allow for an additional research and development use. This was approved subject to conditions.
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3.2 Within the estate there have been three other changes of use, one permanent change and two temporary changes:
o 17/00304/B - Conversion of unit to enable storage and maintenance of medical equipment and creation of office and training facilities - APPROVED o 17/00320/C - Temporary change of use from light industrial to an out of school care facility for a period of two years - Unit 2 Block D - APPROVED o 16/01297/C - Change of use from light industrial to an out of school care facility - Unit D6 - APPROVED for 2 years only.
3.3 There have been a number of dog day care facilities approved in recent times, most of which have been within existing Industrial Estates although there have been a number across the Islands countryside: o 19/00533/C - Douglas Head Industrial estate o 18/01299/C - Hills Meadow industrial estate o 18/00799/B and 18/00127/B Balthane Industrial estate o 18/00338/C - Strenaby, Onchan o 18/00011/B - industrial unit, Demesne Road, Douglas o 17/00842/C - Viking Works industrial area, Peel o 17/00364/B - Ballablack Farm, Arbory o 16/00911/C - Snugborough industrial estate o 16/00817/C - Main Road, Onchan
3.4 There have also been a number of refused dog day care facilities including: o 19/00646/C - Lapwings, East Foxdale Road, Eairy - Whilst the location was considered suitable, the access and visibility was of concern and the proposed operation would result in the harmful impact on highway safety.
4.0 PLANNING POLICY
4.1 The site is not designated for any particular use or purpose on the Braddan Local Plan Order 1991 and falls within an AHLV. The site is not within a Conservation Area. Nonetheless, it is a matter of fact that planning approval has been granted for the units for light industrial and research and development uses, and these have been built. On the Draft Area Plan for the East the site is recognised as being 'Industrial' and wrapping the west and south boundary is a further area BE002a proposed for 'Industrial' use. The Inspectors Inquiry Report recommends that this site be future designated for industrial and business park uses, allowing for manufacturing (including light and general industry); research and development; storage and distribution; and offices (subject to compliance with Business Policy 7 of the Strategic Plan).
4.2 The proposed use comprises elements that relate mostly to the specialist care of animals and one perhaps best considered to be sui generis, that is, not falling within any of the Department's Use Classes. As such, there is no specific policy guidance on the conversion of modern buildings for the proposed use and it is therefore necessary to take into account other Strategic Plan policies to determine the acceptability of the proposal. In this respect, the Strategic Plan urges that development should make the best use of resources through the optimisation of the use of previously-developed land, redundant buildings and unused and under-used land and buildings (Strategic Policy 1). It also requires that development is primarily within our towns, villages and settlements (Strategic Policy 2) and new development should be located and designed such as to promote an integrated transport network and to minimise journeys by private car, make the best use of public transport, not adversely affect highway safety for all users and encourage pedestrian movement (Strategic Policy 10).
4.3 In addition to the above policies it is also relevant to consider General Policy 2 which sets out a number of general standards towards development, Business Policies 1 and 5 which refer to growth of employment opportunities and the need to protect industrial land for
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industrial purposes and use. Also for consideration are Environment Policy 22 and Transport Policy 7 which seek to ensure no unacceptable harm through noise, vibration or smells and that suitable car parking and highway safety is provided.
5.0 REPRESENTATIONS
The following is a summary of the representations received; the comments can be read in full on the Government website.
5.1 Braddan Parish Commissioners - no objection to the application (24.01.2020).
5.2 Depart. Of Infrastructure Highway Services - do not oppose (10.01.2020).
5.3 The occupier of unit C1 and the occupier of combined unit C3 and C4 have sent in duplicate comments on the application whilst not wishing to discourage any business from locating to Eden Park, they feel the proposed use is out of keeping with the light industrial premises. Their comments also include the following concerns and request for further information: o concern for the pool element of the proposal - smell of chlorine, potential for damp atmosphere and impact on their steel products, will chemicals used for treatment of the pool result in corrosion of walls, floors and contents, what is the construction of the pool will this be prone to leaks and will the position of the pool flush against the wall cause damp ingress. o concern for the potential for noise - as a result of the pool pumps, 2 x treadmills and animal drying equipment. Will there be any soundproofing installed?
5.4 The applicant sought to provide a response to the concerns raised (12/02/2020). o It is in their interest to ensure the structural integrity of the building and the safety of all staff and customers. All equipment will be installed and maintained by specialists and all chemicals stored appropriately and water treatment and testing undertaken by trained professionals. o The cleaning agent used to sanitise water is Bromine which acts in the same way as chlorine but without any negative side affects, it is near odourless and has no corrosive activity with metal components. Even if chlorine was to be used the levels at which it would be needed in a pool of this size would not be noticed or have any effect on its surroundings or neighbouring businesses. o Malfunction of equipment is highly unlikely but precautions will be in place in the event of such a case including waterproof lining of floor and walls, PVC sheets fixed to walls by pool and within the shower room area, the pool covered when not in use limiting any rising moisture and dehumidifiers installed as necessary. While shown on plan to sit against the wall the pool is to sit in a half meter wide frame independent from wall structures. o Having a calm and quiet environment is important for the animals and equipment of the facility and plant needs to reflect this. The applicant has provided decibel levels of equipment (when in use and stood next to it) along with some comparison levels: pool pump 52 decibels, drying equipment 58-62 decibels, treadmills 50-60 decibels compared with household hair dryer 80-90 decibels, washing machine 74-77 decibels and moderate rainfall 50decibels. Treadmills are generally quiet in their operation, it's the impact of the person running on them that creates the most noise, as the use will be to smaller animals and those that are mostly recovering from injury it's likely that they will be limited to walking and noise will be minimal. All equipment is specifically manufactured to be used by animals and so takes into account their noise sensitivity.
6.0 ASSESSMENT
6.1 The Eden Park units were originally approved on the basis of the applicant's / landowner's argument that there was an essential national need for new, high quality units, for light industrial purpose, in this location, and at that time. A subsequent application expanded
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the approved use to include 'research & development', however the essential need for either use does not seem to have materialised as anyone expected or hoped, and as a result some of the units remain empty, others under-used, and others occupied short or long term by businesses that are neither light industrial nor research & development (see 3.0). An incremental loss of units to another use could result in a future pressure or demand to release further land for light industrial or research and development uses, the Government Employment Land Review already identifies a shortage of industrial zoned land in the East. Therefore such proposals should be considered carefully especially given the Eden Park units were exceptionally approved to address that exact problem.
6.2 The proposed use for the specialist care of animals is considered to be sui generis, that is, not falling within any of the Department's Use Classes, and there is no policy indicating where such a use should take place. In considering the current proposal we could lean on a combination of similar uses such as veterinary practises or dog day care businesses, the latter is currently part of a growing market across the Island and examples given in 3.0 illustrate the range and types of location where this type of facility can be considered acceptable. There are a number of established veterinary practices across the Islands countryside and at existing farms both providing a typical rural environment reflective of the animals which they treat, however there are also a number of practices within existing settlements or centres providing an access for all facility either by car, public transport or walking. Similarly there are a number of dog day care facilities in the countryside and a number approved within industrial estates and town/village centres with the test of their acceptability falling to a number of amenity factors including noise and parking.
6.3 The types of animals expected to be visiting are most likely to be domesticated and many suffering from injury or illness, it is therefore perhaps most appropriate to have the facility within a sustainable location and one which is provided with sufficient car parking and public transport links. Eden Park is on the outskirts of Douglas, is provided with regular bus services and this specific unit has use of five personal parking spaces and eight shared spaces which is considered sufficient for the operation of facility, DOI Highways also do not oppose.
6.4 The draft Area Plan for the East indicates an area to the south of Eden Park for 'industrial' use which has been endorsed by the Inspector within his report, a material consideration in whether the loss of the unit can be accommodated here without significant adverse risk for the release of undesignated or unallocated land to meet need.
6.5 The applicant has provided example decibel readings for equipment within the building, in addition to which there could be associated noise from the visiting animals (barking) and customers dropping off and picking up. While it could be argued that its infrequent operation within an residential area might not result in such an substantial adverse impact as to cause harm to neighbouring amenity, an intensification of use would likely result in a cumulative impact better suited to an existing business area where there is already an established coming and going of visitors and a level of expected noise and positioned away from permanent dwellings.
6.6 Consideration however shall still be given to the amenities of the adjacent unit and their occupants. The existing Eden Park units are approved for those uses under Use Class 5 of the 2012 PDO, research and development processes are likely to be relatively quiet whilst light industrial processes may include the making, fixing or repairing of articles and which could have a level of expected noise through some machinery use. Based on the information available and provided by the applicant, even should each item of equipment be in use which given the explained operation of the business is perhaps unlikely or infrequent, the time and length of use is not expected for long consecutive periods or to such a noise level as to bring significant harm to adjacent users. It is also in the interest of the applicant to cause minimal distress to the animals visiting, for their own comfort working within the building and to have equipment installed correctly with appropriate measures taken to ensure compliance with
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health and safety and ensure the integrity of the building. In this respect of the information available the proposal is considered to be acceptable.
7.0 CONCLUSION
7.1 There are no specific land use zonings to accommodate the proposal, therefore its location anywhere needs to be considered against a number of factors including the consequential loss of the existing use, accessibility matters and whether there are any amenity impacts. The inspectors report for the Area Plan for the East indicates that further land in the area is to be designated for industrial use, however, even if this land was not to be progressed, based on the unique nature of the business operation and needs, coupled with the sustainable location of the unit, the availability of parking spaces and the balance of acceptability in the amenity impacts on adjacent units, that an exception to the loss of the industrial unit be acceptable and support offered to the application.
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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : ...Permitted... Committee Meeting Date:...05.05.2020
Signed :...S BUTLER... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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