Officer Planning Report

Planning Report And Recommendations {{table:15129}} {{table:15128}}

Officer's Report

Site

1. The application site is a warehouse located to the north west of the Falcon Cliff Terrace Lane. To the southwest of the application site is Flats 1-6 of The Arthur Bell Estate and to the north east of the site are the residential properties of Hilary Mount, Arbory and Cynara, which are located on Poplar Road. To the northwest of the site is a service lane to the rear of the properties of Upper Dukes Road. The application site is zoned as predominantly residential within the Douglas Local Plan 1998.

Proposed Development

1. The application is seeking to obtain planning permission to change the use of the warehouse and store to recreational sporting use, in particular for martial arts classes.

1. The building is currently used for the following times:

Monday and Wednesday - 6.30pm to 8.00pm Mixed age boxing (Children and adults training starting at the same time but the children leave earlier than the adults at 7.00pm to 7.15pm

Tuesday and Thursday - 6.30pm to 7.30pm Children Mixed martial Arts, 7.30pm to 9.30pm adults Mixed martial arts Friday and Sunday - No classes Saturday - 11.00am to 12:00pm Children Mixed martial Arts, 1.00 pm to 3.00pm adults Mixed martial arts

The applicant has stated the following exceptions:

• Special classes are planned for certain Sundays where their class and Ramsey judo club intend to train together in preparation for upcoming competitions, 4 such Sundays are pencilled in for the year 2012.

• Fridays are purposefully kept clear so coaches can book private lessons if the need arises. This sometimes happens before each competitions, so potentially 8 Fridays in the year with possible one on one training.

• There could possibly be a seminar with a well known coach in TT week which would probably be hosted at the NSC but he may well come back and do extra sessions with my members afterwards.

1. The application indicated in the last year highest number of attendees to any one session was 8. In the previous year the highest was 14. If the numbers grow beyond 15-16 attendees per evening, the applicant would open up a beginner’s time slot on the Monday/Wednesday and siphon off some of the students into that session.

1. The applicant currently teaches alone.

1. The car parking layout has been submitted showing 12 on-site car parking spaces will be provided.

Planning Status And Relevant Policies

1. Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: Strategic Policy 1, General Policy 2, Transport Policies 4 and 7.

Planning History

1. There have been previous planning applications on the site which are considered relevant in the assessment and determination of this application:

10/00416/R - Change of use of warehouse and store to recreational sporting use (Retrospective) – refused on 11th January 2011.

The reason for refusal was “Insufficient information has been submitted to accurately assess the impact on the use on the residential environment of the surrounding properties and the local highway network.”

08/01571/B – Residential development comprising 5 townhouses, one maisonette and one apartment with associated parking and access – refused at appeal on 8th June 2009.

02/01333/B – Extension to warehouse – refused 6th January 2003 98/00631/C – Change of use of storage building to plumbers merchants – refused on review 29th September 1998 91/01484/C – Change of use from food wholesale warehouse to Police general store – permitted 90/01356/C – Change of use from fruit wholesalers warehouse to motor body repair shop – refused on review 87/01679/C – Change of use from wholesale fruit and vegetable warehouse to motor body repair & vehicle storage – permitted on review.

Representations

1. Highways Division of the Department of Infrastructure have objected to the application on the following grounds:

“This proposal would require approximately 18 parking spaces in accordance with the IOM Strategic Plan for a leisure facility. The car parking plan provided illustrates 12 available parking spaces. However, when measuring out the parking spaces of 2.5 x 5 only 8.72 (8 useable spaces) spaces can be accommodated (numbered 4-12 on drawing provided by applicant). Spaces 1-3 measure 4.7 metres, kerbside parking require 5.5 metres in length due to manoeuvrability. Therefore, only 1 space can actually be used out of these 3 spaces.”

This results in a total of 9 useable parking spaces and not the 12 as indicated in the plans.

Falcon Cliff Terrace Lane and Falcon Cliff Terrace in the evenings are very congested and any additional traffic would intensify this situation."

1. Douglas Borough Council does not object to the application.

1. The occupiers of Hilary Mount, Poplar Road have objected to the application on the following grounds: 1) The building is the wrong type of building for such activities, due to its construction consisting of an asbestos roof with glass panels, which apart from being potential hazard to users, has no soundproofing properties whatsoever, 2) increased noise and disturbance, 3) Concerned that regular fight nights will be occur at the site which will lead to a further increase in noise and disturbance, 4) The only access to the warehouse is via an adopted lane, which is in poor condition and has not surface drainage. This lane is also the only fire access to both the warehouse and to the rear of at least half a dozen properties, and even with the present volume of traffic, this can be dangerous. This hazard and an increased use of the lane are reasons that two previous applications for development of the site have been turned down in recent years.

1. The occupiers of Sunnycrest, Poplar Road have objected to the application on the following grounds: 1) the change of use would be out of character in a residential area, 2) the added noise pollution is very important factor, 3) concerned about the widening of the use of the building if planning permission is granted, 4) The warehouse has no sound proofing, it has no separate toilet facilities for boys and girls, it has an asbestos roof, cars are double parked on either side of the lane and in the event of an emergency there is no way a fire brigade could access the property due to congestion [sic], which must surely contravene health and safety regulations, 5) Pedestrian safety, 6) object to the use of the driveway as a reversing area, 7) increased noise from the comings and goings, 8) object to competition fight nights leading to further increase in noise, parking and congestion.

1. The occupiers of Barnelles, Victoria Road have objected to the application on the following grounds: 1) Noise disturbance from traffic, 2) increased traffic will weaken their foundations, 3) Already business that are using the lane are unacceptable.

Assessment

Preliminary Matter

1. It should be noted the previous application was refused on the grounds that insufficient information has been provided to accurately assess the application. This application is allow the Planning Authority the opportunity to accurately assess the applicant's proposals.

Land Use

1. The previous use of the building has been a warehouse, which is a non-conforming use within an area zoned as predominantly residential in the Douglas Local Plan 1998. The proposed change of use into a recreational sporting use would be contrary to the land use zoning of the area as predominantly residential in the Douglas Local Plan 1998. However, this does not necessarily mean that the use is unacceptable, as there are other considerations to be taken into account such as how will the use impact upon the neighbouring properties and whether there is sufficient parking provision for the use.

1. Furthermore, the use appears to be a temporary use of the site; as the owners of the site are intending to develop the site for residential purposes.

Noise

1. The Environmental Protection Officer of the Department of Environment, Food and Agriculture commented on the previous application (10/00416/R) regarding noise disturbance. The comments were as follows: "The use of these premises for martial arts does not in my opinion raise any issues

which could be considered a noise nuisance in a residential area i.e. there is no sound amplification, new fans, power plants etc. In respect of traffic noise this is unlikely to be any louder than existing noise from residential traffic and significantly less than from typical heavy vehicle use of a warehouse. My only concern would be that planning permission is restricted to this type of sporting use as other sporting uses such as motorized vehicles or firearms could cause noise nuisance in this residential area. The IoM planning use classes do not distinguish between motorized vehicles or firearms and other leisure activities as in the UK."

1. It should be noted the previous application sought planning permission for the building to be used for recreational sporting use, which was essentially for a martial arts club. This current application is very specific in seeking planning permission for the building to be used for martial arts. Based on the previous comments of the Environmental Protection Officer, a condition restricting the use of the building to a martial arts club could be attached. This would prevent the building from being used for noisier recreational uses, which could impact on the residential amenity of the area.

Highway/Parking Issues

1. The car parking requirement for this use is based on 1 space per 15 square metres gross floor area. The gross floor area of the building is 290.7 square metres, which equates to 19 spaces that need to be provided. However, the application shows that 12 spaces are to be provided on site. The majority of the spaces measure 2.3m by 4.9m.

1. It should be noted that the Highways Division have commented on the application and they have stated the "proposal would require approximately 18 parking spaces in accordance with the IOM Strategic Plan for a leisure facility. The car parking plan provided illustrates 12 available parking spaces. However, when measuring out the parking spaces of 2.5 x 5 only 8.72 (8 useable spaces) spaces can be accommodated (numbered 4-12 on drawing provided by applicant). Spaces 1-3 measure 4.7 metres, kerbside parking require 5.5 metres in length due to manoeuvrability. Therefore, only 1 space can actually be used out of these 3 spaces.

This results in a total of 9 useable parking spaces and not the 12 as indicated in the plans."

1. The Highways Division's re-calculation of the car parking dimensions has suggested that a lower number of spaces can actually be provided on the site.

1. There appears to be a shortfall of parking spaces for the use of 9 spaces, using the Highways Division's calculations for the number of spaces; however, the applicant has stated that parking has not been an issue, as parents drop their children off at the end of the lane on their way to Shoprite. The applicant has also indicated that some of his students carpool; while others cycle to class or park on the promenade to do some hill sprints up to the application site. This may result in a lower number of students coming to the site by motor vehicles; however, the applicant cannot realistically control how students attend classes. In the long term, this may actually result in student parking on nearby roads or park within the application site; and thus use Falcon Cliff Terrace Lane and Falcon Cliff Terrace.

1. The Highways Division have already stated that "Falcon Cliff Terrace Lane and Falcon Cliff Terrace in the evenings are very congested and any additional traffic would intensify this situation." It therefore considered that the continued use of the site would be lead to an increase in on-street parking and traffic in an area which is already very congested in the evenings and would be prejudicial to the general amenity of the area and the free flow of traffic within the area.

Other Matters

1. Comments from residents about health and safety issues are not a material planning consideration, as they are controlled through separate regulatory controls and therefore no weight is attached to these concerns.

Recommendation

1. It is recommended that the application be refused for the above reasons.

Party Status

1. The local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.

1. The Highways Division is now part of the Department of Infrastructure of which the planning authority is part of. As such, the Highways Division cannot be afforded party status in this instance.

1. The occupiers of Hilary Mount, Poplar Road adjoin the application site and as such should be afforded party status

1. The occupiers of Sunnycrest, Poplar Road, have commented on planning matters such as noise, traffic generation and general disturbance and therefore would be appropriate to grant party status in this instance to them all.

1. The occupiers of Barnelles, Victoria Road back onto Falcon Cliff Terrace Lane, which is the means of access to the application site. The occupiers have commented on planning matters relating to the noise disturbance Party status accorded - 8/2/12.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 17.01.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1.

The continued use of the site would be contrary to General Policy 2 and Transport Policy 4 of the Isle of Man Strategic Plan 2007 in that the use would be lead to an increase in on-street parking and traffic in an area which is already very congested in the evenings and would be prejudicial to the general amenity of the area and the free flow of traffic within the area.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Refused Date: 8 February 2012

Determining officer (delete as appropriate)

Signed: _________________________ Signed: _________________________

Anthony Holmes Senior Planning Officer Signed : ... Michael Gallagher Director of Planning and Building Control

Sarah Corlett Senior Planning Officer Signed : ... [Handwritten signature] Jennifer Chance Development Control Manager