DEC Officer Report

Application No.: 20/00254/C Applicant: Highridge Limited - Deborah Georgina Aspden Proposal: Change of use from yoga sports facility to retail Site Address: 4 Glen Falcon Road Douglas Isle Of Man IM2 3EY 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: 06.05.2020 _________________________________________________________________

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, Environment Policy 35, Business Policy 10 and Transport Policy 7 and Planning Policy Statement 1/01, policy CA/2.

Plans/Drawings/Information;

This approval relates to the submitted documents, site plan, location plan, existing and proposed plan date-stamped as having been received on 3rd March 2020.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

- 1.0 THE SITE

1.1 The application site is the curtilage of 4 Glen Falcon Road, Douglas, a single-storey building located on the west of Glen Falcon Road. On the south side there are terraced houses with entrance on Derby Road and on the north there are three commercial properties. - 1.2 The unit is single storey with a flat roof and heavy parapet which is at two different levels - slightly lower on the rights hand side (number 5) and with decorative detailing on the slightly higher section to the left.

2.0 THE PROPOSAL - 2.1 The proposed work is the change of use of the building from the existing yoga studio (use class 4.4) to retail (use class 1.1)

3.0 PLANNING HISTORY - 3.1 The building was changed from a retail use to a yoga studio under PA 12/01499/C.

4.0 PLANNING POLICY - 4.1 In terms of local policy, the site lies within an area designated as Predominantly Residential Use in the Douglas Local Plan 1998. The site is within the Windsor Road Conservation Area. - 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;".

4.4 Environment Policy 35 and Planning Policy Statement 1/01 - conservation of the Historic Environment of the Isle of Man, Policy CA/2: "Within Conservation Areas, the Department will permit only development which would reserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." - 4.5 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." - 4.6 Transport Policy 7:

• "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
• 4.7 Appendix 7.6 states that for neighbourhood shops space for staff, customers and service vehicles will be required. For assembly and leisure site, there should be 1 space per 15 square metres gross floor space.

5.0 REPRESENTATION - 5.1 Douglas Borough Council has no objection on this application (18/03/2020). - 5.2 DoI Highway Services do not oppose 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 Conservation Area and its impact on the amenities of the neighbours. - 6.2 The site is not within Douglas town centre but quit close to it. However, it is within a large residential area and the site has been used as a retail premise before 2012. The site is next to a hair salon and a corner shop and the size is not big enough to be considered to be large scale retail. It is, therefore, an acceptable place for a neighbourhood shop.

6.2 The property lies within a Conservation Area and as such, as well as the acceptability of the use, it is important that the property is in use and the area remains vibrant and active. The proposed use will be likely to be in use throughout the day and in the evenings and weekends which is positive toward maintain the vitality of the area. - 6.3 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 and the adjacent convenience store is open until 10pm every evening. 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.

7.0 CONCLUSION - 7.1 The proposal is considered to comply with General Policy 2 of the Strategic Plan, Environment Policy 35, 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: 11.05.2020 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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