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20/01064/GB Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/01064/GB Applicant : Isle Of Man Islamic Association Proposal : Alterations to front door, installation of a bin / bike store, creation of a rear access ramp and additional use of office (class 2.1) to other community facilities (class 4.3)(in association with 20/01065/CON) Site Address : 20 Finch Road Douglas Isle Of Man IM1 2PS
Planning Officer: Mr Peiran Shen Photo Taken : 07.10.2020 Site Visit : 07.10.2020 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 07.12.2020 __
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.
C 2. The uses hereby approved shall only be undertaken in accordance with the floorplans as shown on drawings JTM 1920-P-03 Rev A (date stamped as having been received 02.12.20) and JTM 1920-P-04 (date stamped as having been received 15.09.20)
Reason: For the avoidance of doubt and to ensure that the application takes place in accordance with the approved plans.
C 3. The proposed cycle parking, disabled parking provision and bin storage facilities must be installed in accordance with JTM 1920-P-05 Rev A and JTM 1920-P-06 Rev A (both date stamped as having been received 22.10.20) prior to the approved use commencing, and shall be retained as such thereafter.
Reason: To ensure that the facilities are provided prior to the use commencing.
C 4. No amplification equipment to be used except for in the prayer rooms/social space.
Reason: the religious needs of the local Muslim community needs to be balanced against potential impact on the amenities of neighbouring occupiers.
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C 5. The office use within the building may only be undertaken in association with the overall use of the building as an Other Community Facility - Class 4.3 of the Town and Country Planning (Use Classes) Order 2019.
Reason: To clarify the basis of the approval.
This application has been recommended for approval for the following reason. The application is considered to comply with Strategic Policy 1, Strategic Policy 2, Strategic Policy 10, General Policy 2, Environment Policy 32, Environmental Policy 33, Community Policy 2 and Transport Policy 7 of the Strategic Plan.
Plans/Drawings/Information;
This approval relates to: the submitted documents, planning statements, design and access statements, product information and drawing no. JTM1920-P-00, JTM1920-P-01, JTM1920-P-02, JTM1920-P-04, JTM1920-P-07, JTM1920-P-08 date-stamped as having been received on 15th September 2020; drawing no. JTM1920-P-05A and JTM1920-P-06A date-stamped as having been received on 22nd October 2020, drawing no. JTM1920-P-03A and parking survey date-stamped as having been received on 2nd December 2020. __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
The owner and occupier of 18 Woodbourne Square, Douglas and Ivy Cottage, Gardeners Lane, Ramsey
as they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
24 Finch Road
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT IS RECOMMENDED FOR APPROVAL BUT CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN.
1.0 THE SITE
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1.1 The application site is 20 Finch Road, Douglas, a three-storey end-of-terraced property with a basement located on the east of Finch Road. The property is currently vacant has nine offices with a net space of about 236 square metres. There is also a designated car park for the building at the rear of the property.
1.2 The property is located in an area that is populated with many offices. The area is also characterised by a number of terraced houses. Chester Street Car Park is within walking distance to this site. There are also a few bus stops that are within a 5-minute walking distance.
1.3 Finch Road is a one-way street running north to south (travel direction is from south to north at the time of the report). There is some on-street parking associated with this site, as is the case with all properties on Mount Pleasant and the many properties along Finch Road. There are two major public car parks near the site, which are available for contract hire.
2.0 THE PROPOSAL 2.1 The planning application seeks approval for the change of the use of the ground floor and basement office (class 2.1) to use as a Faith Centre (Class 4.3) with continued use of offices on the first floor and second floor (Class 2.1). There is some ambiguity as to whether the offices would be used as part of the Faith Centre or used seperately, and the applicant indicated on the 08.12.20 by phonecall that they were undecided. However, viewing the application documents in totality it is considered that the application as made does not propose the breaking of the planning unit and implies that the offices are to be used in association with the Faith Centre Use. The application has been assessed on that basis. If approved, a condition should be attached to clarify this.
2.2 The proposal also includes the Demolition of existing rear outbuildings and the replacement of them with an external ramp for disability access. The proposal also includes the demolition of the façade wall on the front elevation of side extension and make it into a new entrance that looks like the existing elevation.
2.3 The proposal rearranged the parking space at the back to provide one disable parking space with the provision of new bike racks and a shed for bin storage.
2.4 The proposed Faith Centre would have a reception and a prayer room on the ground floor; two prayer room/social space in the basement. The first and second floor will remain as offices.
2.5 The building will operate during regular office hours as well as into the evening. It is expected to have around 5 people in the building during daytime, 12 people in an evening with the exception of around 20 people during lunchtime (12:00-14:00) on Friday and around 60 people for the Ramadan.
2.6 There are also internal alterations to the Registered Building, including the installation of a lift. They will be assessed within the Registered Building Consent (20/01065/CON).
3.0 PLANNING HISTORY 3.1 There is no previous application considered materially relevant to this application.
4.0 PLANNING POLICY 4.1 In terms of the local plan, the site is designated within an area of "Mixed Use (St. George)" in the Area Plan for the East. It is a Registered Building but it is not within any Conservation Area. The written statement states that "Within the area, but outside of Athol Street, offices, financial and professional services, food and drink and some residential uses will also be acceptable. Uses which conflict with these will generally not be supported. As this area
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lies partly within a Conservation Area, development plans should pay regard to the Conservation Area Character Appraisal for Athol Street and Victoria Street."
4.2 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 Strategic Policy 1 states that development should optimise the use of redundant buildings.
4.4 Strategic Policy 2 states new development will be located primarily within our existing towns and villages.
4.5 Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement"
4.6 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; (j) can be provided with all necessary services."
4.7 Environment Policy 32 states: "Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will to permitted."
4.8 Environment Policy 33 state: "The change of use of registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to the character as a building of special architectural or historical interest"
4.9 Community Policy 2 states: "New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings."
4.10 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7."
4.11 Appendix 7.6 states for offices, there should be "1 space for every 50 square metres of nett floor space". There is no direct parking standard for community facility parking requirements.
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4.12 Appendix 7.6 also states: "These standards may be relaxed where development: (a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on-street parking in the locality."
5.0 REPRESENTATION 5.1 Douglas Borough Council has no objection on this application (09/10/2020).
5.2 DoI Highway Services requested additional information regarding bin/cycling storage (06/10/2020). The plans were later provided by the applicant.
5.3 The Principle Registered Building Officer has commented regarding the Registered Building Consent (20/01065/CON) (11/11/2020). The officer has no objections on the change of use since it reuses a vacant building but requested further information regarding the internal demolition and the installation of the lift. After the applicant provided with relevant information, the officer has no objection subject to the works being undertaken as proposed within the method statement (07/12/2020).
5.4 The Isle of Man Victorian Society did not comment on this application, but did make comments in relation to 20/01065/CON.
5.5 18 Woodburn Square (08/10/2020) along with some anonymous comments commented in concern of potential noise issue linking to calls to prayers and parking provision. The applicant later wrote in stating there will be no calls to prayers (21/10/2020).
5.6 24 Finch Road commented regarding the Registered Building Consent (20/01065/CON) for the site (08/10/2020). However, as the comments relate to the use they are considered here as they appear to be intended to be about this application (confirmation of this has been sought). The comment states concerns regarding the parking situation around the site, especially during Friday lunchtime and the Ramadan month. Given the limit number of parking space available, there are concerns that spaces belong to other adjacent properties may be occupied. The comment from 24 Finch Road also mention concerns regarding the principle of the proposal and its impact on the Registered Building.
5.7 Ivy Cottage, Gardeners Lane commented (19/10/2020) similary only commented on 20/01065/CON however the comments actually relate to the use - stating the area is not suitable for a mosque.
6.0 ASSESSMENT 6.1 The key issues to consider are the principle of the development, the suitability of the location for community facility purposes, the impact on the character of the Registered Building and its impact on the neighbouring properties, especially regarding parking provisions and noise.
Principle of the Development 6.2 The Local Plan states within this area, uses which conflict with offices, financial and professional services or food and drink will generally not be supported. Part of the use complies with this, whilst part of the use arguably does not. However, the provision of community uses in central locations, accessible by a range of transport options and within existing/vacant buildings is supported by the Startegic Policies and Community Policy 2. Therefore, the potentially part-zoning conflict is not considered in itself to be sufficient to justify refusal. It is also noted that the policy allows for a range of uses, including some residential uses.
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Therefore the loss of office space is also not considered to be sufficient in itself to justify refusal. Consideration must therefore be given to the impact of the use on the site and surrouding area.
The Character of the Building 6.3 The building is a Registered Building (No. 100). The outbuilding at the rear and is not a part of the original building. The remodelling of the front side door does not have a material impact on the front elevation of the building. Therefore, there is a neutral impact on the character of the Building.
6.4 The change of use from office to community facilities is not conflicting with each other. Although internal alterations are made, the building was and is capable of accommodating a large group of people whether for office or community gathering purpose. The new use is not considered to be detrimental to the character of the Building and is therefore acceptable.
6.5 The erection of a ramp is at the rear of the building. It is not easily visible by the public nor will it stand out from the buildings, and will make the building more accessible, and is therefore considered acceptable.
Parking Availability 6.6 The main concern raised by the comments is parking. Finch Road has a very limited on- street parking availability. In addition, due to Ramadan, there is going to be an intense need for parking for a whole month. Therefore, a parking survey was requested.
6.7 The parking survey was conducted between 23rd and 27th (Monday to Friday) November 2020. The survey area was Finch Road, Mona Terrace and the Chester Street Car Park. The time for observation in a day were 16:00, 17:30 and 19:00.
6.8 The parking survey finds that the parking availability was most limited at 16:00 period. Most available spaces are within the Chester Street Car Park. The available around this time varies between 100-300 spaces. This is much higher than the maximum number of parking required by 60 people, even if they all come in by car with single occupancy. Parking availability starts to gradually increase after 16:00 and become stable after the normal office hour ends. There is also a designated car park for the building at the rear of the property.
6.9 It is to be noted that although Ramadan can take place around the year. People would normally only gather for events if they take place outside regular work hours (9:00-17:00). It is also worth noticing that many of its users are within a travel distance reachable without driving.
6.10 There are 14 designated spaces, including two disabled parking spaces, available for staff and regular visitors. The number can meet the demand for regular days. For Fridays and during the month of Ramadan, it is considered that there is a sufficient number of parking spaces available for the extra number of visitors that requires them.
Noise and Amenities 6.12 All new developments have impacts on their surroundings. In terms of impact generated by the different usage, prayers and regular office activity are not typical sources for noise. The applicant has stated that there will be no calls for prayers.
7.0 CONCLUSION 7.1 For the reasons that the proposal is considered to comply with Strategic Policy 1, Strategic Policy 2, Strategic Policy 10, General Policy 2, Environment Policy 32, Environmental Policy 33, Community Policy 4 and Transport Policy 7 of the Strategic Plan. Therefore, it is recommended for an approval.
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8.0 INTERESTED 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 14.12.2020
Signed : P SHEN 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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