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24/00295/C Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00295/C Applicant : T45 Jiu Jitsu Isle Of Man Limited Proposal : Change of use from a warehouse to a martial arts school Site Address : The Warehouse To The Rear Of 34 Michael Street Peel Isle Of Man IM5 1HD
Planning Officer: Lucy Kinrade Photo Taken : 31.05.2024 Site Visit : 31.05.2024 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 31.05.2024 __
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. For the avoidance of doubt, planning permission is granted for the use of the premises only as a Mixed Martial Arts School, and no other use or activity falling within Use Class 4.4 of the Town and Country Planning (Use Classes) Order 2019.
Reason: The application has been assessed purely on the basis of the use of the premises hereby approved.
This application has been recommended for approval for the following reason. The proposed change of use of the existing warehouse store building into a Martial Arts School, which is within the town centre of Peel, is considered to be acceptable, without significant or adverse detriment to the amenities or living conditions of surrounding properties, without impacting safety and convenience of the local highway network nor the character and appearance of the Conservation Area, which is to be preserved. Thus the application is considered to comply with General Policy 2(b, g, c, h, and i), Environment Policy 35, Transport Policy 4 and Appendix 7 of the Isle of Man Strategic 2016 as well as Section 18 of The Act 1999.
Plans/Drawings/Information;
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This approval relates to the following all date received 17th March 2024:
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Interested Person Status - Additional Persons
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Officer’s Report
1.0 THE SITE 1.1 The application site relates to an existing store/warehouse located to the rear of No. 34 Michael Street, Peel.
2.0 THE PROPOSAL 2.1 Permission is sought for a change of use of the store/warehouse unit to a Martial Arts School. The application has been provided with the following information provided by the applicant: o no external changes proposed only internal works to facilitate changing rooms and office o there is no parking on site, but public parking is available close-by as well as bus stops. The two director coaching the classes live within walking distance. o they currently operate from No. 11 Michael Street and expect no additional demand for parking as a result of the relation to the warehouse o there will be no loud music as instructors need to be able to hear students verbally tap at all times o classes are typically limited to 10-12 for adults and 12-14 for juniors o normal hours of operation are 17:30-20:30 Monday to Friday and 09:00 - 13:00 on Saturdays. With individual classes running for 1 hour.
3.0 PLANNING HISTORY 3.1 96/01963/B - Erection of store for clothes shop, land behind Top 2 Toe, 34 Michael Street, Peel - approved
The normal hours of operation will be from 17:30 - 20:30 Monday to Friday and 09:00 - 13:00 on Saturdays.
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- Individual classes will run for one hour.
3.2.2 The application did not have any operating hours conditioned and was approved with a condition "C2. For the avoidance of doubt, planning permission is granted for the use of the premises only as a Mixed Martial Arts School, and no other use or activity falling within Use Class 4.4 of the Town and Country Planning (Use Classes) Order 2019.
Reason: The application has been assessed purely on the basis of the use of the premises hereby approved."
4.0 PLANNING POLICY 4.1 The site lies within an area zoned as ''Mixed Use' in the Peel Local Plan, and within the Conservation Area. General Policy 2 of the Strategic Plan 2016 requires development, amongst other things, to be of a suitable design so as to respect the site and its surroundings to not adversely affecting the character of the surrounding landscape or townscape; to safeguard the amenities of surrounding residential properties and ensure adequate parking provision. Section 18 of The Act and Environment Policy 35 seeks to preserve or enhance the character and appearance of the conservation area. Transport Policy 4 also covers highway matters and Appendix 7 sets out a relaxation to parking standards.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Highway Services - no significant negative impact upon highway safety, network functionality and/or parking due to the site being in a sustainable town centre local with public parking nearby to the site (02/04/2024).
5.2 Comments were also sought from the following however no responses received as of 08/05/2024: o Peel Town Commissioners o Registered Buildings Officer o Manx National Heritage
5.3 No comments received from any neighbouring properties.
6.0 ASSESSMENT 6.1 This application seeks change of use of an existing store/warehouse behind No. 34 Michael Street to a martial arts studio. In its assessment, consideration shall be given to the following key issues: i. Impact on character and appearance of the Conservation Area ii. Impact on amenity of any neighbours iii. Impact on highway safety and parking demand
6.1.1 Regard shall also be given to PA 23/00387/C for a similar martial arts studio at No. 11 Michael Street which is where the current applicants currently operate from.
6.2 PA 23/00387/C - previous approval @ 11 Michael Street 6.2.1 The case officer for 23/00387/C summarised in their assessment that because there were no external changes proposed that the Conservation Area would not be materially impacted, and as the site was in an area of 'mixed use' that there was already a plethora of different uses in the immediate area that the martial arts school would not result in any material impact on the amenity of any or all residential properties within the vicinity, and any comings and goings would be no greater than the intensity of the existing retail use. The officer also indicated that perhaps unlike a gym, the martial arts studio would not necessitate the need for loud music or result in any noise from heavy weights or equipment. There were
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no objections from DOI Highway Services and minded of the existing situation having no car parking and the proposal being no worse, that there would be no greater intensity of use nor any additional parking demands compared to the retail unit use also taking into consideration the highly sustainable location being in the centre of Peel well served by buses and public car parking.
6.3 i) Impact on character and appearance of the Conservation Area 6.3.1 96/01963/B granted approval for the warehouse/store to be used by a clothes shop occupying No 34 Michael Street at the time the application was made. Unlike the majority of the shops fronting the main street, the warehouse is a much later addition and does not form part of nor contribute to the historic or architectural character of the conservation area, nevertheless the proposal does not include any physical works to its external elevations and so there is to be no material change to its overall visual appearance and thus the appearance of the Conservation Area is to remain unchanged.
6.3.2 This specific area of Peel is characterised by narrow winding streets fronted by traditional properties forming both architectural and historic character of Peel. Intertwined amongst these are a number of smaller lanes and alleys connecting streets or leading to the rear of properties. Michael Street has a high concentration of shops and eateries and footfall is high in this area. There is a small lane between No. 34 and No. 32 which provides access to the rear of a number of neighbouring properties as well as to the warehouse building, this is not being changed and so preserving its character. The site also being in the centre of Peel where there is an established level of pedestrian traffic and movement and minded that this lane is already a shared route (albeit perhaps only to immediate properties) however the overall character of its use is not considered to be materially changed.
6.3.3 The application is considered to have an acceptable impact on the Conservation Area which is to be preserved in line with EP35.
6.4 Ii) impact on amenity of any neighbours 6.4.1 As mentioned above the warehouse sits to the rear of a number of existing properties most of which fronting the main Michael Street and with commercial units on their ground floor varying from furniture shops, cafes and newsagents to professional services like advocates and insurance businesses. Some occupy the full building but many have alternative uses to the upper floors including residential.
6.4.2 As a warehouse there would be an anticipated level of activity with coming and goings by staff as well as delivery vehicles and any other associated activity and equipment. There is also a level of movement along the lane which already exists through use by the immediate properties whether the business operations or residents to upper floors through access and egress or being the area to store refuse bins.
6.4.3 It might be that a dedicated martial arts school might result in an increased number of persons coming and going from the site in comparison to the existing warehouse situation and such activity would likely be most recognisable to those occupant of No. 32 and No. 34 being the closest properties to the site, however given the fairly small scale and nature of the proposed use, its anticipated hours of operation not being an unreasonable nightime hours and the anticipated number of people accommodated in the average class size, and taking into consideration the town centre location, the variety of uses in the area and that they have been operating a similar operation close by that the proposal would not be so unacceptable or resulting in such an increase in activity given the town centre location as to be harmful to the general living conditions of those surrounding properties beyond the existing situation to warrant a concern or refusal in this case.
6.4.4 In terms of noise, the applicant has indicated that there would not be any loud music due to the nature of the martial arts and instructors needing to be able to hear students
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verbally tap. As previously mentioned there would be an anticipated level of noise and activity from an existing warehouse use and so any noise from the martial arts activity not being so at odds with that and given the proposal is to occupy the full building which is set back on the adjacent side of the alley away from the majority of properties, that any noise or vibration from grappling or throws would not result in any unacceptable or adverse harm to any neighbouring property to warrant a concern.
6.4.5 The application is considered to have an acceptable amenity impact on the neighbours in line with GP2 (g).
6.5 Iii) Impact on highway safety and parking demand 6.5.1 No objections have been received from Highway Services with respect to the proposals commenting that the proposal would have "no significant negative impact upon highway safety, network functionality and/or parking due to the site being in a sustainable town centre local with public parking nearby to the site". There is no designated car parking for the site and this is a pre-existing situation even when used as a warehouse unit. The change of use to a Martial Arts School would increase the intensity of its use in comparison and having an increased demand for additional parking. However similar to 23/00387/C the site is located in a highly sustainable location within the centre of Peel, which is well served by bus links with public parking available within close proximity to the site and in walking distance.
6.5.2 In this respect the proposal is considered to be acceptable from a highways perspective and not to result in any unacceptable highway safety impacts or network functions in line with GP2 (h and i) and Transport Policy 4 and the reduction to parking standards meeting with the relaxation of standards set out in Appendix 7 of the IOMSP2016.
7.0 CONCLUSION 7.1 The proposed change of use of the existing warehouse store building which is within the town centre of Peel into a Martial Arts School is considered to be acceptable, without significant or adverse detriment to the amenities or living conditions of surrounding properties, without impacting safety and convenience of the local highway network and without the character and appearance of the Conservation Area which is to be preserved, thus the application is considered to comply with General Policy 2(b, g, c, h, and i), Environment Policy 35, Transport Policy 4 and Appendix 7 of the Isle of Man Strategic 2016 as well as Section 18 of The Act 1999.
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 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 in Article 6(4) who should be given Interested Person Status.
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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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 31.05.2024
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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