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24/00261/C Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00261/C Applicant : Miss Kasey Lachenicht Proposal : Change of use from office/hairdressers to yoga/pilates studios Site Address : Ground Floor Office 13 St Georges Street Douglas Isle Of Man
Planning Officer: Peiran Shen Photo Taken :
Site Visit :
Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 16.04.2024 __
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. Notwithstanding the provisions of the Use Class Order 2019 (and any Order which amend or precede it), the unit may be only used as a yoga studio and not for any other purpose within Class 4.4 of the Schedule.
Reason: The impact of the proposal is assessed based on the user intensity of a yoga studio. Changing to other use would require a new assessment.
This application has been recommended for approval for the following reason. The proposed use does not conflict with other uses current take place around the area. Combined with the small scale of the unit and its unlikeliness to have a negative impact on neighbouring properties.
Plans/Drawings/Information;
This approval relates to the documents, drawing no. 01P, 02P which have been received on 14th March 2024 and email received on 6th March.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The application site is 13 St Georges Street, Douglas, a two-storey mid-terrace house located on the southwest of St Georges Street. The building has a L-shape and it is partly built into a slope. There are three planning units within this building: 13, 13a and 13b.
1.2 No.13 has the entire ground floor and their entrance is at the end of the terrace. No.13a has the south parts of the first floor, their entrance is on St Georges Street, near the same level as the one for No.13 but slightly higher. No.13B has the north section of the building, which includes the north part of the first floor and the second floor. The entrance for No.13 is higher than No. 13B and is almost an entire storey higher than No.13.
2.0 THE PROPOSAL 2.1 The proposed is the change of use to a yoga studio (Use Class 4.4).
2.2 The applicant states that the studio are proposed to operate 8:00-20:00 on Monday to Sunday. The studio is intend to have maximum of 30 users and no employees.
3.0 PLANNING HISTORY 3.1 Change of use of existing ground floor office accommodation to a hairdressing salon was APPROVED under PA 14/00051/C. Now this is the curtilage of No.13. Two conditions were attached in addition to the standard 4-year condition.
3.2 Condition 2 states: "The development hereby approved shall not be carried out except in accordance with the plans, date-stamped as having been received 16th January 2014: 2014.01.01 and the untitled Location Plan."
3.3 Condition 3 states: "Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 the unit may be only used as a hairdressing salon and not for any other purpose within Class 1 of Schedule 4."
3.4 Change of use of office to beautician salon and nail bar was APPROVED under PA 21/00559/C.
4.0 Planning Policy Site Specific 4.1 The site is within an area designated as Mixed Use (St George's) in the Area Plan for the East.
4.2 The written statement of the Area Plan states: "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."
Strategic Policy 4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: o General Policy 2 (b) (c) (g) (h) (i) (k)
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o Transport Policy 7 o Appendix 7.6
PPS and NPD 4.4 There is no planning policy statement or national policy directive considered materially relevant to this application.
5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance 5.1 There is no relevant strategy or guidance that directly applies to this application.
6.0 REPRESENTATION 6.1 Douglas Borough Council has no objection to this application (27.03.2024).
6.2 DoI Highway Services does not oppose this application (22.03.2024). The comment states that there is no significant negative impact upon highway safety, network functionality and/or parking. The comment also states that the site is in a sustainable city centre location and on-street car parking is controlled by TROs.
7.0 ASSESSMENT Elements of Assessment 7.1 The key considerations in the determination of the application are the principle of development, its impact on the neighbouring amenities and on parking provision.
Principle of the Development 7.2 The proposed use is a yoga studio. Although such use is not specified in the Written Statement of the Area Plan. It is of small scale and it does not conflict with the listed use. Therefore, the principle is considered acceptable.
Impact on Neighbouring Amenities 7.3 Yoga studio is unlikely to generate noise worse than its surrounding unit. Therefore, it is considered that the impact on neighbouring properties are within an acceptable level.
Traffic and Parking 7.4 As Highway Services has no objection, it is considered that there is a neutral impact on traffic and parking provision.
8.0 CONCLUSION 8.1 The proposed use does not conflict with other uses current take place around the area. Combined with the small scale of the unit and its unlikeliness to have a negative impact on neighbouring properties, the proposal is considered to be acceptable.
9.0 INTEREST PERSON STATUS 9.1 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
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(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.
9.2 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 can confirm that this decision has been made by the Acting Head of Development Management 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 : 18.04.2024
Determining officer
Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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