DEC Officer Report

Application No.: 19/00828/C Applicant: Rose Estates Ltd Proposal: Change of use of level 3 to the North Side of the main entrance to Victory House from office (Class 2) to retail (Class 1) Site Address: Victory House Prospect Hill Douglas Isle Of Man IM1 1EQ Planning Officer: Mr Nick Salt Photo Taken: 26.09.2019 Site Visit: 26.09.2019 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 18.09.2019 _________________________________________________________________

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

N 1.The applicant is advised that the implementation of the use hereby approved would automatically lapse the concurrent change of use proposal (19/00829/C) and that the two uses could not be undertaken concurrently or subsequent to each other.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 24th July 2019:

• o 1903-VH-102 (Site Plan)
• o 1903-VH-101 Locations Plan
• o 1903-VH-102 (Existing Plans and elevations)
• o 1903-VH-201 Proposed Plans

And the Planning and Design Statement 1903-VH-V3 date stamped received on 4th September 2019.

_______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE PLANNING COMMITTEE FOR DETERMINATION AS IT IS A DEPARTURE FROM THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL

1.0 THE SITE - 1.1 The application site is Victory House, Prospect Hill, Douglas. The site is a large multistorey 1970's office building. The front of the building follows the curvature of Prospect Hill, fronting onto the highway and footpath. - 1.2 The application building is not within a conservation area but the road and buildings opposite to the west are within the Athol Street / Victoria Street Conservation Area. The main entrance is via steps leading from the main street onto level 3 of the building, an additional entrance further north on the front elevation has been approved via 1/00431/B also onto level

• 3.

2.0 THE PROPOSAL - 2.1 Proposed is the change of use of level 3 of the north side of the building (north of the entrance) from office use (Class 2) to retail use (Class 1). No external works are proposed with this application.

3.0 PLANNING POLICY - 3.1 The application site is designated as Predominately Offices on the Douglas Local Plan

1. The site is outside of the conservation area but bounds both the Athol Street and Victoria Street Conservation Areas to the front elevation.

3.2 Whilst it is not currently in force, the Draft Area Plan for the East shows the site as being within Mixed Use Area 3 (Strand Street). The Central Douglas Masterplan contains a project proposal (SS4) for a new connection between St Georges and Strand Street including the demolition of Victory House (application site). - 3.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application; - 3.4 General Policy 2 (GP2) (in part) "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."

3.5 Environment Policy 36

• "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."
• 3.6 Business Policy 9: "The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1)."
• 3.7 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 and those instances identified in Business Policy 5."
• 3.8 In the Draft Area Plan for the East, paragraph 9.8.3 states:

• 3.8.1 Mixed Use Area 3 -

"This area forms the core of the retail shopping area and is characterised by shops, food and drink uses, financial and professional services and other associated town centre uses such as hairdressers, beauticians and so on. The area is currently busy during daytime but quiet of an evening and it is considered that more residential uses would benefit the area and help support the night time economy. The primary shopping frontage is notated by the hatched line on Map

• 5."

3.8.2 Town Centre - Mixed Use Proposal 3

"There will be a presumption in favour of retail, and ancillary town centre uses such as food and drink and health and beauty uses along the primary shopping frontage. Outside of the primary shopping frontage a wider variety of town centre uses including financial and professional services open to visiting members of the public will also be acceptable. Entertainment venues, Offices and residential use will be acceptable at first floor level and above, but not at ground floor level where an active frontage should be maintained and enhanced. These active frontages are essential to sustain an attractive town centre."

- 4.0 PLANNING HISTORY

4.1 There are no past planning applications for this site which are materially relevant to this application, although there is a concurrent application for the site for a change of use to food and drink (19/00829/C). - 4.2 Planning approval has been given for 17/00110/C for the change of use of 2 Nelson Street to "either retail (Class One); or hair and beauty; or beauty." That unit is also within an area of 'Predominantly Offices'.

- 5.0 REPRESENTATIONS

5.1 Douglas Borough Council have no objection to the application (18.09.19). - 5.2 DoI Highways have no objections to the application (27.08.19).

- 6.0 ASSESSMENT

6.1 The key considerations in the assessment of this change of use application are:

• o The principle of the change of use to retail;

• o The potential impacts on wider amenity;
• o Parking and Access.

6.2 Principle of the Change of Use

• 6.2.1 This consideration is the regarded as the most important one. As the site is within Douglas Town Centre, a mixed variety of uses is generally regarded as acceptable. The site is sitting vacant and wider possibilities for its use may increase occupancy potential and ensure the vibrancy of the wider town centre.
• 6.2.2 However, what is important to consider is whether the use of this site for retail, in a 'predominantly offices' zoning would increase the pressure on non-office uses to move into areas further from the main areas of retail around Strand Street. Additionally, it important that valuable office space is not lost.
• 6.2.3 Whilst it is not adopted, the Draft Area Plan for the East is a material consideration as it provides a more up-to-date assessment of appropriate land uses. In it, the application site is shown as being within Strand Street Mixed Use proposal area. A retail use would be acceptable within such a town centre mixed use zone dominated by retail and food/drink outlets with some offices and upper-floor residential, and is considered ancillary to the predominant retail use of the Strand Street area. The site is within the town centre core of Douglas, and a flexibility of use is important to ensure the continued vitality of the town centre.
• 6.2.4 Whilst it is important to retain useable office space within the town centre of Douglas, to reduce pressure on out of town sites and keep local footfall during lunchtime hours for example, the site in question has remained vacant for some time and there are a number of vacant office spaces in the town centre. In future, a fresh change of use application could reinstate the site as offices if required. Overall, the proposed use in not unacceptable in principle for the reasons outlined above.

6.3 Wider Amenity impacts from retail use

• 6.3.1 Pedestrian movement into and out of this site would likely in increase if used as a retail unit, rather than offices. However it is not considered that the use of this town centre location as a retail premises would result in such impacts that would not be proportionate for the location.

6.4 Parking and Access

• 6.4.1 The views of DoI Highway Services are given weight in the assessment of impact on parking and access. They note that, "Given the extant use of the site and its location within the town centre, the change of use will not have any negative highways impact therefore no objections." It is therefore considered that no such issues are likely to result.

- 7.0 CONCLUSION

7.1 In summary, the proposed change of use may be considered at odds with the Douglas Local Plan land use designation but is considered broadly acceptable for the reasons outlined above. The application is recommended for approval. - 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:

• (a) The applicant, or if there is one, the applicant's agent;

• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 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 in Article 6(4) who should be given Interested Person Status.

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:…07.10.2019

Signed :……………N SALT……….. 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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