DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00210/C Applicant: VOSH Proposal: Change of use from a dance studio to a doggy day care Site Address: Tregellis House Westmoreland Road Douglas Isle Of Man IM1 4AD Principal Planning Officer: Belinda Fettis Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 25.04.2024

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. The use of the building for canine day care hereby approved shall accommodate no more than 45 dogs at any one time.

Reason: In the interest of protecting the amenity of the neighbouring properties in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• C 3. The use of the building for canine day care hereby approved shall;

• - Operate between the hours of 08:00 and 18:00 Monday to Friday.
• - No customers or canines shall be allowed in the building outside of these hours.
• - No dogs shall be kept onsite overnight.

Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.

This application has been recommended for approval for the following reason.

Notwithstanding that the building is presently not in use, it's recent use is relevant, the proposed use, doggy day care, represents a reduction in operational hours and days of activity to the previous use and although in a predominantly residential area the building has been in commercial use for many years and is within a group of commercial business units. The

proposal adequately meets the relevant criterion of General Policy 2 of the Isle of Man Strategic Plan 2016. Overall as a result of the reduced hours of operation, the proposal is likely to be less disruptive to residential amenity and have a neutral impact on associated businesses and unlikely to result in an adverse impact.

Plans/Drawings/Information; This decision relates to the following plans and drawings received on the dates specified;

• - Location Plan received on the 7th of March 2024
• - Site Plan received on the 7th of March 2024
• - Proposed floor and section plan drawing no.20160-PL02 Rev 1 received on the 12th of April 2024 _______________________________________________________________

Interested Person Status

Additional Persons

INTERESTED PERSON STATUS It is recommended that the following persons should be given Interested Person Status on the basis that they have made written submissions and they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are mentioned in Article 6(4):

Objects

• - Owner/occupier of 74 Allan Street Douglas Isle Of Man IM1 3DR
• - Owner/occupier of Happy Days Motors Westmoreland Road Douglas Isle Of Man IM1 4AQ _____________________________________________________________________________

Officer’s Report

THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE BECAUSE IT IS A DEPARTURE FROM THE LOCAL PLAN LAND DESIGNATIONS

- 1. THE APPLICATION SITE

• 1.1. The application site relates to a two storey building known as Tregellis House which occupies a corner plot adjacent to Allan Street and Westmoreland Road Douglas. The curtilage of the application site is the footprint of the building. The use of the building has been commercial business for many years, the last change of use being to a dance studio. Although the business unit is adjacent to other business units, it is in a predominately residential area.
• 1.2. The rear elevation of the building is approximately 4.7m from the side elevation of a dwelling house, separated by an alleyway that leads off Allan Street. The side elevation is separated from a block of flats on Allan Street and a linear strip of car parking abutting Allan Street. The front elevation is separated from dwellings by the wider Westmoreland Road. The west side elevation abuts the adjacent business unit.

- 2. THE PROPOSAL

• 2.1. This application seeks approval for a change of use from the existing dance studio to doggy day care; (Use class 4.4) to canine day care (Sui Genius); Town and Country Planning (Use Classes) Order 2019.
• 2.2. No physical changes to the building are proposed.
• 2.3. The doggy day care is operated by the established business 'Paw Patrol'. Paw Patrol presently operates from premises on Demesne Road (planning approval granted at planning committee in 2018).

• 2.4. The operational activity is summarised below; details of the operational activity are provided within the submitted planning statement (12.03.2024) and a later email (08.04.2024) in response to highway services comments.

• a) Opening 5 days a week Monday to Friday from 08:00hours to 18:00hours.
• b) Sessions offered are full day (08:00-18:00), school days (09:00-16:00) and half days (08;00-13:00).
• c) There are 5 trained staff of which 4 walk to work.
• d) Number of dogs on site fluctuates throughout the day dependent on bookings but would be up to 50.

- 3. PLANNING HISTORY

• 3.1. 13/91062/B Conversion of former kitchen/bathroom shop to a dance studio, installation of window and door to replace existing store door. Permitted.

• 3.2. 04/02426/C Change of use from show room to salon and beauty studio. Permitted.
• 3.3. PA 98/01808/C Change of use of retail unit to Motorcycle garage for sale, repairs and servicing. Permitted.
• 3.4. PA 98/00651/C Change of use of retail unit for car sales. Permitted.

- 4. PLANNING POLICY

• 4.1. The Strategic Plan identifies the application site as being centrally located within a predominantly residential area.

• 4.2. There is no specific policy relating to businesses operating within residential areas nor change of use of commercial premises within residential areas, or for doggy day care.

• 4.3. General Policy 2 relates to development that accords with the land use designation, which the application does not, hence the departure, however in the absence of specific policy there are elements of General Policy 2 that are relevant to any assessment of a planning application and as such are considered within the assessment section of this report.
• 4.4. Development should not adversely affect the amenity of local residents (g);
• 4.5. Provides satisfactory amenity standards, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space (h);
• 4.6. Does not have an unacceptable effect on road safety or traffic flows on the local highways (i);
• 4.7 Can be provided with all necessary services (j);
• 4.8 Does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan (k);
• 4.9. Also of consideration is Chapter 9 of the Strategic Plan, Policy 1 which encourages the growth of business employment throughout the island. Policy 9 states that 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 will be supported.

- 5. REPRESENTATIONS

• 5.1. The following is a summary of the representations received; the comments can be read in full on the Government website.

• 5.2. The Department of Infrastructure (DOI) Highways Division: (04.04.2024) Additional information was requested in the form operational detail and parking assessment because of concerns regarding parking and potential impact upon the categorised local distributer road (Westmoreland Road) and that this impact could be more harmful than categorised access road (Demesne Road). (19.04.2024) Having considered the applicants' additional information (08.04.2024) Highways stated that they do not oppose.

• 5.3. Douglas Borough Council: (27.03.2024) Additional information was requested in the form of where waste and recycling bins would be stored. (18.04.2024) Having considered the information discussed with the applicant, that waste and recycling will be kept inside the building the Waste Manager Refuse and Recycling manager was satisfied and no objections are raised.

• 5.4. Comments have been received and the principle planning issues raised are summarised

• as follows; the full comments can be read online: -

• o Highways impact from increased traffic flow at peak times;
• o Parking problems in the area;
• o Noise is a problem at the present business premises.
• o Safety of children attending nearby schools

- 6. ASSESSMENT

- 6.1. PRINCIPLE

• 6.1.1. The application relates to a two storey building with existing and historic commercial business use adjacent to other commercial business units. However the land is within an area designated as predominantly residential in the local plan. There is no policy indicating where the use of doggy day care should take place and no restriction on where a Sui Generis use should be. As such the principal of the change of use is acceptable subject to full considerations of other relevant considerations.

• 6.1.2. Concerns have been raised regarding the level of associated activity of customer parking, business parking, noise and cleanliness, and whether the potential impacts could have an adverse impact upon the amenity of nearby businesses and residents, particularly those on Allan Street.

• 6.1.3. Consideration is given to the fact that this is an existing business in the area, there are other businesses nearby, including a school, all of which will have peak arrival and departure times.

- 6.2. PARKING AND HARM TO ADJACENT BUSINESS AND RESIDENTIAL PROPERTIES

• 6.2.1. In assessing how the proposal may affect the surrounding area, consideration should be given to the amenity of existing buildings and residential areas and the compatibility of the proposed use with existing uses within the area and those within the locality.
• 6.2.2. The surrounding area is identified as predominantly residential, however the application site is adjacent to a group of businesses outside administration roles that generate their own levels of noise and customer activity. The site is well placed to be accessed by foot, bus and there are a number of disc restricted and permit only parking areas within the vicinity of the application site designed to protect residents parking.
• 6.2.3. Areas of Douglas comprise a dense population where business properties live side by side with residential properties, and parking is at a premium. Unless the customers of a business are online, parking for customers and staff appears generally problematic in the area.
• 6.2.4. The applicant states that the majority of customers walk to the doggy day care facility. Whether on foot or by car staff have a system to ensure that the exchange of dogs between

• customer and staff is as swift as possible. On occasion groups of dogs are taken out and the applicant has secured a parking space for that vehicle.
• 6.2.5. The applicant is proposing a new use for the site but is operating the same business in a building that is a 3 minutes’ walk away. The case could be made that the business would be operating within the same quadrangle that comprises business units along its north, west and south side and residential units along its east site.
• 6.2.6. From the information submitted regarding the booking options, peak times for customer activity will be between 08:00 and 09:00, and later on at 13:00, 16:00 and 18:00. The numbers of dogs is not fixed daily because it is subject to fluctuation however there are regular customers and the planning statement says that the first and second floors are likely to accommodate 25 dogs each, therefore the number of dogs could be anywhere between 30-50

at its peak. The applicant has faced increased demand and this is one of the reasons for seeking an increased number and increased space.

• 6.2.7. Allan Street is a one way street therefore congestion might arise by a delay leaving Allan Street to enter Westmoreland Road, or parking up along Allan Street. The junctions are marked with double yellow lines and parking restrictions apply along Allan Street. Similar traffic flow and parking restrictions are in place on neighbouring streets. As such it is problematic for any vehicle to access the businesses yet the businesses exist.
• 6.2.8. Comments have been received suggesting that people park as close to a business as possible and take the gamble of being caught on double yellow lines. Whilst this may or may not be the case, it is not a matter that can be controlled by a planning condition and it is not a reason for refusal.
• 6.2.9. The applicant states that a parking space has been secured for one vehicle, however that space is not associated within the curtilage of the application site and cannot be conditioned, therefore it is immaterial.
• 6.2.10. Appendix 7 of the Strategic plan acknowledges that town centre locations are restricted in their provision of parking because of the density of the built environment. Therefore given the location it can be accepted that parking is not provided and use of the service is either by foot or at the users' discretion. Human nature is to park as close as possible but if that is not possible, the user might go elsewhere and this is a risk the applicant takes.
• 6.2.11. PLANNING BALANCE
• 6.2.12. In weighing up the planning balance, I consider that the proposal does not introduce anything new to the area, it is simply moving specific location within the business units available close to its existing operation; taking the parking issues with it. Parking issues are highlighted by the applicant and residents as existing. Highways considered in depth the issues surrounding the site included a review of incidents and found no record of public issues along Allan Street. In the event that issues arose, traffic wardens could focus on this area to enforce the restrictions. As such no new harm is introduced.

- 6.3. NOISE

• 6.3.1. The present operational use is within Use Class 4.4 and the planning approval restricted the use to dance studio therefore requiring a planning application for any change. The hours of activity and associated noise levels for the dance studio were generally accepted for twelve hours between the times of 09:00-21:00hours on any day of the week and conditioned as such.
• 6.3.2. The proposed use has no specific class and is therefore a Sui Generis use. The hours of activity and associated noise are stated to be between 08:00-18:00hours Monday to Friday, a total of ten hours, two hours less than presently allowed and two days less.

• 6.3.3. The applicant has planning permission to operate on a Saturday from its present premises however the applicant states that this option has not been used and is not perceived necessary in the future. Moreover it has not been requested as part of this planning application.
• 6.3.4. In respect of dogs barking and this being a nuisance, except for arrival and departure, the dogs are where it would be in the interests of those working within the building to keep dogs sufficiently entertained or rested so that they are not constantly barking. The internal layout of the building is such that except for going up the stairs, the dogs will be in areas away towards the road. In comparison with their present premises Tregellis House is stated as having better insulation therefore sound reduction by virtue of the thickness of the walls, double glazing and double insulated floor between the ground and first floor.
• 6.3.5. Evidence of construction is not submitted therefore opinion is based on visual observation. The assumption is that the business unit building occupying the corner on Demesne Road is single brick and has minimal insulation. Tregillis House visually appears to be of a higher standard and double brick. Tregillis House is adjacent to a busier, therefore nosier road, and generally improved insulation would be included to protect the interior from road traffic noise.
• 6.3.6. The applicant and resident make points about the construction of the buildings and noise levels. However, the consideration for this application is not whether the proposed use would result in less noise from the use than its existing location, but is whether the proposed use of Tregellis could have a greater impact than its existing approved use. Furthermore noise disturbance could come from the activity of getting in and out of vehicles and entering and leaving the building.
• 6.3.7. PLANNING BALANCE
• 6.3.8. On balance, taking account of the reduced operational hours and days of activity, the proposed use is overall likely to reduce noise disruption, particularly during evenings when the majority of householders are at home. As such the use could result in a comparable positive impact and unlikely result in an adverse impact.

- 6.4. RESIDENTIAL AMENITY

• 6.4.1. Although closed the last and present use has been a dance studio for which the presumption is made that music would have been played, instruction called out, and some attendees requiring a parking place for the duration of the class.
• 6.4.2. For the proposed use of day care for dogs, the presumption is made that the activities within would include verbal instruction and most likely barking. The site is a corner planning unit with the main entrance designated on Allan Street. Some dogs would be brought by car requiring a parking place to drop off and collect the dog and more people would probably walk down the Allan Street with their dog than do now.
• 6.4.3. Opposite the entrance is a block of flats separated from the site by the road, paving and parking. North, behind the site, is an end terrace dwelling house. Adjacent, to the east and northwards are business premises. Opposite to the south are residential properties and adjacent a school.
• 6.4.4. There are double yellow lines around the junction of Allan Street and Westmoreland Road and residents parking restrictions on Allan Street.
• 6.4.5. Concerns have been raised regarding how the business will be kept clean and the storage of waste. The applicant has satisfied the waste department in respect of waste storage. The methods for keeping the interior hygienically clean are matters for the business

and relevant legislation, not the subject of this planning application. If the business is found to be polluting the streets the business can be taken to task be the relevant department. The level of cleanliness nor method of cleaning is not a reason refusal.

- 7. CONCLUSION

• 7.1. Given the above none of the concerns result in reasons for refusal and all are existing issues that cannot be resolved by this application. If the operation of the business were to cause harm through inappropriate traffic and parking, or noise levels these issues could be dealt with separately. Taking account of the previous use and operational activity, this proposal is overall a reduction in activity at the site.
• 8. RECOMMENDATION

8.1. It is recommended that the planning application be permitted subject to conditions. 9.0 INTERESTED 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 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.

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: 07.05.2024

Signed : B FETTIS 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 Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.