DEC Officer Report

Application No.: 20/00234/C Applicant: IOM Trike Tours Limited Proposal: Additional use of site to include operation centre and parking/storage of 4 trikes Site Address: Showroom 11 Castlemona Avenue Douglas Isle Of Man IM2 4EA Planning Officer: Mr Peiran Shen Photo Taken: 26.03.2020 Site Visit: 26.03.2020 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 29.04.2020 _________________________________________________________________

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.

This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2 of the Strategic Plan, Business Policy 10 and Transport Policy 7.

Plans/Drawings/Information;

This approval relates to the submitted documents, site plan, location plan and drawing no. 2 date-stamped as having been received on 26th February 2020.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the commercial curtilage of Showroom 11, Castlemona Avenue, Douglas, a two-storey semi-detached buliding with a single-storey garage/showroom located on the northwest of Castlemona Avenue. - 1.2 The site is currently vacant and was the showroom for Tommy Leonard Motorcycles.

2.0 THE PROPOSAL - 2.1 The application seeks approval for additional use of the site to include operation centre and parking/storage of 4 trikes. - 2.2 The proposal includes using the ground floor as showroom for "E" bicycle and parking from customers and staff as well as parking for trikes. The first floor is proposed to be used as office and storage.

3.0 PLANNING HISTORY - 3.1 Installation of signage was approved under PA 20/00003/D and installation of air source heat pump was approved under PA 19/01349/B. Both in preparation for the trike showroom.

4.0 PLANNING POLICY - 4.1 In terms of the local plan, the site is designated as "Predominantly Residential" in the Douglas Local Plan 1998. However, it is designated as "Mixed Use" in the Draft Area Plan for the East. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: - 4.3 General Policy 2: "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:

• (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;

• (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; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;".

4.3 Business Policy 10: "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas." - 4.4 Transport Policy 7:

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

5.0 REPRESENTATION - 5.1 Douglas Borough Council has no objection on this application (18/03/2020). - 5.2 DoI Highway Services does not object to this application (19/03/2020).

6.0 ASSESSMENT - 6.1 The main concerns for this application are its impact on the character and landscape of the area and its impact on the amenities of the neighbours. - 6.2 The use class of the site was sui generis according to the Use Class Order 2019. The proposed use class for a trike tour office does not fall within any set use class in the Order so it is also classified as sui generis. Although there is the Class 1.1 (i) states that shops which "hiring out of domestic or personal goods or articles" are considered shops. The trike here is not for domestic or personal use but for entertainment use. Use class 4.4 Assembly and Leisure does not include vehicle hiring for entertainment purposes. The closest fit is still "the sale, display or washing of motor vehicles" which still falls within sui generis. - 6.3 The site is not within Douglas town centre but quite close to it. The street has a mixed use of residential, HMO and tourist accommodation. However, the site has been used as a retail premises for motorcycles before and the proposal of hiring four trikes would not attract more foot traffic than before. - 6.4 The property sits alongside a busy public highway and in close proximity to the Villa Marina where events often generate car parking in and around the vicinity of the site, thus resulting in comings and goings later on at night. As such, it is not considered that, if the application is found to be acceptable, that conditions should be attached to restrict the hours of operation. - 6.5 In terms of parking, there is no standard can be directly quoted from Appendix 7.6 of the Strategic Plan since it does not fit under any category. However, according to the statement from the applicant, the tour would attract 6 passengers (customers) and 3 drivers (staff) maximum and the showroom has parking for 8 car sized vehicles so the off-street parking should be sufficient.

7.0 CONCLUSION - 7.1 The proposal is considered to comply with General Policy 2 of the Strategic Plan, Business Policy 10 and Transport Policy 7. Therefore, it is recommended for approval.

8.0 IINTEREST 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;
• (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 which 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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 04.06.2020 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

Customer note

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