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Application No.: 17/00746/B Applicant: Mr Peter Halpin Proposal: Conversion of ground floor from various current uses (changing area, salon and storage) to an extension of existing nursery facility, including alteration to parking/drop off area Site Address: Diamond House Demesne Road Douglas Isle Of Man IM1 3DS Case Officer : Mr Edmond Riley Site Visit: 07.09.2017 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 26.09.2017 _________________________________________________________________
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.
The development hereby approved relates to Drawings 16/2564/00, 16/2564/01 A, 16/2564/02 A and 16/2564/15, all date-stamped as having been received 13th July 2017.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE BECAUSE THE DEVELOPMENT PROPOSED MAY BE CONSIDERED AS BEING CONTRARY TO THE LOCAL PLAN, BUT IS RECOMMENDED FOR APPROVAL.
1.0 THE APPLICATION SITE - 1.1 The application site is an L-shape parcel of land in Douglas that includes part of Diamond House and also an existing drop-off area adjacent to the building on Demesne Road. Within the building is an existing children's nursery, which is limited to 32 children at any given time, as well as an existing storage and changing room area and also a salon. These three spaces are associated with the remainder of the building, which includes a variety of uses - the predominant ones being a gymnasium and shop in addition to the aforementioned nursery. - 1.2 The surrounding area has a mix of uses, including car sales and workshop units, offices, retail, education, healthcare and residential. Diamond House is prominently sited on the corner of Demesne Road and Westmoreland Road, albeit that the part of the building to which this application relates fronts directly onto Demesne Road. The building has something of the appearance of an industrial unit.
2.0 THE DEVELOPMENT PROPOSED - 2.1 The submitted application seeks approval for the change of use of the salon, storage area and changing room to provide additional space for the children's nursery. The new floorspace to be associated with the nursery would be intended for baby care (i.e. children under the age of two years) and also for children aged between two and four years of age. Internal alterations to the building to accommodate the change of use proposed are shown, but none of these requires planning approval. - 2.2 Also proposed is a physical change to the exterior of the building that faces onto Demesne Road: an existing roller shutter would be adjusted to include a screen at the lower level, thus making an apparently existing pedestrian door access permanently visible. - 2.3 The 'in / out' drop-off area situated between the building and Demesne Road (albeit separated by an area of adopted highway; apparently pavement), which was approved under the 2014 application that established the nursery use, is not proposed to be altered.
3.0 PLANNING HISTORY - 3.1 The site has been the subject of over 30 previous planning applications, the more recent of which point clearly to the building's evolution from office uses to its current, more commercial, uses. The most relevant are set out below for reference, and inasmuch as they show this evolution they are material to the assessment of this current application:
4.0 THE DEVELOPMENT PLAN - 4.1 The site falls within an area zoned as Predominantly Residential in the Douglas Local Plan; although the development is not wholly compliant with that zoning, the established use of the building means that assessment of the application against General Policy 2 of the Strategic Plan is considered appropriate, particularly parts (b), (c), (g), (h) and (i).
5.0 REPRESENTATIONS AND CONSULTATIONS - 5.1 Highway Services offered no objection to the application on 15th August 2017. They noted that while the amended uses would result in a "slight change" in the traffic profile, this and the traffic generation "will not be noticed within the day to day fluctuations of traffic volume". They also noted that there is good public transport and pedestrian links and further noted the existence of the on-site drop-off area. They offered no objection to the application. - 5.2 The Children and Families Social Care Directorate were contacted for their views as to what would be an allowable number of children within the entirety of the space as proposed to be created for nursery uses. The relevant Inspector within that Directorate commented on 22nd September 2017 that the "number of children we would allow a setting to accommodate would be based on room sizes and the number of toilets they have" and, without an application from the applicants at present, it is not possible to state a definite (maximum) number of children that would be allowed on the premises at any one time. - 5.3 Douglas Borough Council offered no objection on 4th August 2017.
6.0 ASSESSMENT - 6.1 The main concerns with children's nurseries tend to relate to traffic generation and how this, and this use in general, might affect the character or amenity of the local area - and especially residential living conditions. - 6.2 In this case, however, the area is largely in non-residential uses, and the majority are commercial of some description. While there is a dearth of on-road parking, the existence of the drop-off area is particularly welcome. There does not seem to be a reason to object on the grounds of parking provision or highway safety in general. - 6.3 Similarly, it is to be remembered that there is already a nursery use on the site and that what is proposed will add to that use in an area where few - if any - residents will be affected. It is therefore considered that the effect of the new use will be not altogether different in terms of noise, traffic generation or other disturbance relative to both the approved hair salon use on the site (which would be removed under the proposals) and also the existing, larger nursery use.
6.4 It is considered that a condition limiting the numbers of children that could be within the building at any one time is not necessary should the application be approved. This is a matter determined by the Children and Families Social Care Directorate, and in the understandable absence of clarity that that Directorate are able to offer at this stage, no such condition is considered either necessary or possible with the necessary certainty such a condition should provide.
7.0 RECOMMENDATION - 7.1 In view of the above, it is recommended that the application be approved.
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:
8.2 The decision-maker must determine:
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: 02.10.2017
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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