119053

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                                      20/00184/C                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 20/00184/C Applicant : Alec Warren Proposal : Change of use of ground floor from shop (class 1.1) to a yoga studio Site Address : 3 Victoria Buildings Parliament Street Ramsey Isle Of Man IM8 1AX

Principal Planner: Miss S E Corlett Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 31.03.2020 __

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 2. The premises may be used only for the purposes of assembly or leisure (Class 4.4 of the Town and Country Planning (Use Classes) Order 2019).

Reason: to clarify the extent of the approval.

This application has been recommended for approval for the following reason. The proposed yoga studio is considered to accord with both the Ramsey Local Plan and Strategic Plan policies which support the provision of a range of amenities and facilities within the town centres

Plans/Drawings/Information;

This decision relates to the drawings and information received on 18th February, 2020.

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Interested Person Status - Additional Persons

None __

Officer’s Report

THE SITE 1.1 The site is the curtilage of an existing shop situated on the ground floor of an existing building on the southern side of Parliament Street between Christian Street and Tower Street. The building fronts onto Parliament Street and backs onto a rear lane which leads from a side lane between 37 and 39, Parliament Street. There is a studio on the floor above.

THE PROPOSAL 2.1 Proposed is the change of use of the ground floor space to a yoga studio with the ability to hold health-related courses, workshops, talks etc. The applicant wishes to create a community feel to the studio, allowing people to stay after classes for something to drink and to talk and read. No changes are being made to the building.

2.2 The applicant explains that whilst in a flood risk area, Manx Utilities consider the current shop use a low flood risk and the proposed use similarly so. They consider that their intention to provide adequate insurance, have regular check ups with respect to dangerous weather or tide conditions - cancelling classes if this is imminent is sufficient to address the risk of flooding. They also have a clear emergency exit and emergency kit - torches, emergency contact details and first aid kit and any persons enrolled in the studio will be appraised of this. They refer to the building not having been flooded in the most recent tidal incidents, the flood water not reaching this side of the road and there is also a gentle ramp up to the entrance.

2.3 They explain that their classes will be at various times between 0700hrs and 2200hrs and the studio will be the only one on the Island accessible by all. The applicant will be the only teacher at the start but he hopes to bring in a range of teachers to the studio.

PLANNING POLICY 3.1 The site lies within an area of Town Centre on the Ramsey Local Plan of 1998. The Written Statement explains that this area should be the focus of predominantly retail uses at ground floor with other uses carefully limited to ensure the vitality of the town centre. The Strategic Plan has no specific policies on yoga or exercise studios but emphasises the important of supporting the vitality and viability of the town centres by preventing town centre uses outside these areas and preventing inappropriate uses in the town centre. This is referred to in Environment Policy 16 and Business Policy 5 amongst others. Sustainability is also a focus of the Strategic Plan:

"11.2.3 In order to help meet the environmental objectives contained within this plan, new development should where possible be located and planned so as to reduce the need for travel and encourage means of travel other than by private car, in particular walking, cycling, and public transport use. In general, such locations will be within or contiguous with existing built centres which are well served by public transport and which are within walking or cycling distance of the new development, and this will have the added benefit of strengthening the services, shops, employment opportunities and overall vitality of those centres."

3.2 The recently adopted Use Classes Order 2019 introduces Class 4.4 which includes dance studios which is the closest to the type of use proposed here. This is distinct from the Classes 1.1, 1.2 and 1.3 (shops, financial institutions, food and drink) which certain town centre premises can accommodate without planning approval under the Changes of Use Order 2019. The UK Use Classes include the following which perhaps helps clarify the position:

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D2 Assembly and leisure: This Class includes use as

a) a cinema b) a concert hall c) a bingo hall d) a dance hall e) a swimming bath, skating rink, gymnasium or area for other indoor or outdoor sports or recreations, not involving motorised vehicles or firearms.

3.3 General Policy 2 of the Strategic Plan sets out general standards of development with which all proposals should comply. This requires that development does not result in any adverse impact on the streetscene, on the living conditions of those in adjacent residential property and on highway safety.

REPRESENTATIONS 4.1 Ramsey Town Commissioners have no objection (23.03.20).

PLANNING HISTORY 5.1 The unit, with the accommodation above and beside to the east has been the subject of a number of applications for changes of use to agymnasium, treatment rooms and tourist accommodation, none of which is particularly relevant to the current application.

ASSESSMENT 6.1 The use of the existing shop as a facility which will attract customers into the town centre will be consistent with the Strategic and Local Plan policies which attempt to support the viability of the town as an attractive place to visit. The proposed use is therefore considered to be in accordance with the land use designation in the Ramsey Local Plan. The yoga studio is likely to support other shops and services in the town, people coming in to use it are also likely to use them on the same visit. As such, whilst not specifically referred to in either document as an acceptable town centre use, it is considered to be. If not in the town centre which is well served by many types of public transport, then there is not likely to be a better place for such a facility to be located.

6.2 There are many opportunities for car parking in the town, including electric vehicle charging points. The town is also well served by buses and there is an electric tram service in the summer months. The studio is therefore not considered to have a detrimental impact on highway safety.

6.3 The studio is unlikely to result in disturbance to nearby residential properties, being on the ground floor and in amongst shops, bars and restaurants and considering the nature of the proposed used. Given this, it is not considered necessary to attach conditions constraining the hours of operation.

CONCLUSION 7.1 The proposed yoga studio is considered to accord with both the Ramsey Local Plan and Strategic Plan policies which support the provision of a range of amenities and facilities within the town centres and is supported.

INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure;

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(d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 above who should be given Interested Person Status __

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 01.04.2020

Determining officer Signed : S BUTLER

Stephen Butler

Head of Development Management

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