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24/91240/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91240/B Applicant : CCSE Leisure Proposal : Alteration and extension to existing facility including a balcony and relocated main entrance and new doorway (partially retrospective) Site Address : West Coast Fitness Close Beg Ballawattleworth Peel Isle Of Man
Planning Officer: Hamish Laird Photo Taken :
Site Visit :
Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 20.12.2024 __
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. All new windows and balcony glazing on the north and south elevations of the approved building, must on installation be fitted with obscured glazing to at least level 5 of Pilkington's Guide to obscuration and shall be retained as such unless otherwise agreed in writing with the Planning Authority.
Reason - To protect the amenity of adjacent properties.
C 3. The building as extended by this permission shall be used for leisure and community purposes only.
Reason - To protect the amenity of adjacent properties.
C 4. The building as extended by this permission shall not be open outside of the following time periods unless otherwise agreed in writing with the Planning Authority:
Monday - Thursday 06:00 - 21:00; Friday 06:00 - 20:00; Saturday 08:00 - 16:00; and, Sunday 08:00 - 12:00.
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Reason - To protect the amenity of adjacent properties. The Department has previously assessed the impact of the proposed development on the basis of the specific times requested for within PA 18/00724/B and any alternative opening times will require further consideration.
C 5. Prior to the commencement of the development, hereby approved, details of the proposed cycle storage facilities shall be submitted to and approved in writing by DEFA Planning. The development shall be carried in accordance with the approved details, which shall be retained and permanently made available for cycle parking. Such cycle parking facilities shall allow for 2 No. 'Sheffield' type hoops which should be provided near the main entrance for visitors.
Reason: To ensure that sufficient cycle parking provision is made on site commensurate with the size of the facility as outlined in the Manual for Manx Roads and LTN1/20.
This application has been recommended for approval for the following reason. Overall it is concluded that the planning application accords with the provisions set out in General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This approval relates to the documents and plans date stamped and received 12th November, 2024;
Drawing No. 22-3159-01 - Site Location Plan @ scale 1:1,250; Drawing No. 22-3159-14 - Proposed Sections and Roof Plan; Drawing No. 22-3159-16 - Proposed Floor Plans; Drawing No. 22-3159-15 - Proposed Site Plan; Drawing No. 22-3159-17 - Proposed Elevations;
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
Department of Infrastructure Highways Services - No objection.
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Officer’s Report
1.0 APPLICATION SITE 1.1 The application site comprises an existing Fitness Centre, contained in a 3-storey detached building, of white painted render walls under a tiled pitched roof. It is served by an existing car park. West Coast Fitness is located in Close Beg within the Ballawattleworth Estate, Peel and to the south and south east of existing residential apartments. The site is accessed from the A20 Poortown Road, via Oak Road which serves the local centre including The Highwayman PH and local shops as well as apartments in Close Beg. The site is located within the settlement boundary for Peel, and adjoins fields to the east which lie in the countryside.
1.2 A notice in the entrance door advises of opening hours which are:
Monday - Thursday 06:00 - 21:00; Friday 06:00 - 20:00;
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Saturday 08:00 - 16:00; and, Sunday 08:00 - 12:00.
The opening hours were amended to the current opening times subsequent to the grant of PA Ref: 17/00824/B on 18/10/2018.
2.0 PROPOSAL 2.1 The retrospective elements highlighted in drawings 22/3159/16 & 17 include:- o Alteration of the therapy room window opening to create an external doorway & o Changed position of the Main entrance to allow relocation of the tanning room. 2.2 In the Planning Statement accompanying the application, the applicant advises that:
"After discussion with the planning authority, it was advised that alterations to the approved scheme were deemed to be beyond that of Minor Change, this is due to why a full application is being made. This application is a small development of approval ref 23/00093/B to extend the Gym area to the SW elevation. The Proposal within this application As per the previously mentioned approved application (23/00093/B) and the new existing arrangements, the applicant's intention is to reorganise the facility, in conjunction with the additional space, to be more efficient.
Elements of the previous approval are retained namely the previously approved extension on the south side of the building to facilitate new equipment. The current proposal intends to further extend the approved extension at ground level closer to the boundary which becomes stepped as the rear (east) boundary wall splays out, ensuring that adequate space for access is available throughout the outside of the facility.
In addition to this, the rear extension is to accommodate a balcony at first floor level which takes advantages of the landscapes while maintaining privacy of neighbours by installing obscure glazing on the north side elevation. Because of this, an additional external stair is required to allow ease of escape within an emergency, with an obscure glazed door for access onto the stair.
Furthermore, we propose retrospectively for the relocation of the entrance doors and the doorway opening created for the therapy room previously noted.
Conclusion The proposal is to try and keep the existing, intended design and style of the building, while creating additional space through extending and reorganizing the facility, that is in keeping with the original conditions set and similar style to the recently approved application of 23/00093/B. Therefore, it is hoped the planning assessment concurs with this and is in support of the proposal."
2.3 Opening hours would remain as outlined in paragraph 1.2 above.
3.0 PLANNING HISTORY 3.1 PA 09/00721/B for the original development of the gym building; this application was approved subject to a number of conditions including the operation hours. The relevant conditions for the application state:
"4. All first floor windows on the north eastern, north western and south western elevations of the approved building, must on installation be fitted with obscured glazing to at least level 5 of Pilkington's Guide to obscuration and shall be retained as such unless otherwise agreed in writing with the Planning Authority.
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Reason - To protect the amenity of adjacent properties.
The building may be used for leisure and community purposes only.
The building shall not be open outside of the following time periods unless otherwise agreed in writing with the Planning Authority:
Monday to Friday - 0700 to 2100 hrs; Saturday - 0800 to 2000 hrs; Sunday and Bank Holidays - 0900 to 2000 hrs.
2.2 The proposals would enable a re-configuration of the ground floor accommodation, with the present Gym/Hall being turned into a weights room that would extend into the east side extension. The south side extension would be used as a Gym. The existing uses of the first and second floor accommodation would remain unchanged."
3.2 Application Ref: 18/00724/B - approved extend hours via the "Variation of condition 6 of PA 09/00721/B, Erection of a three storey Leisure & Community Centre, to change the hours of operation" as outlined in paragraph 1.2 above.
3.3 PA Ref: 18/00244/D - Installation of illuminated signage - approved - 15/6/2018.
3.4 PA23/00093/B - Alteration and erection of extension to existing facility - approved - 04.07.2023.
3.5 From the Case Officer's Report, this previous PA23/00093/B application proposed:
"the "Alteration and erection of extension to existing facility" involving the addition of extensions to the ground floor only on the eastern and southern sides of the building. The east side extension would have a length of approx. 18.0m and a depth of between 3.4m and 4.2m; and would be single storey only housed under a flat roof. The extension to the southern side would have a width of approx. 20.7m; and a depth of 6.5m. This would cover 2-stories in height although the upper floor would comprise a void and the new floorspace created would be on the ground floor only.
2.2 The proposals would enable a re-configuration of the ground floor accommodation, with the present Gym/Hall being turned into a weights room that would extend into the east side extension. The south side extension would be used as a Gym. The existing uses of the first and second floor accommodation would remain unchanged."
4.0 PLANNING POLICY 4.1 Peel Local Plan 1989 zoned as 'Predominantly Residential'
4.2 While there is no specific policy relating the alteration of opening hours for existing facilities, it is perhaps relevant to consider Community Policy 6 in the assessment of the
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application where new facilities or extensions to new facilities are proposed and their subsequent impacts on the surrounding area in which they sit.
4.3 "Community Policy 6 states: "New community health care facilities and extensions to existing facilities will be permitted provided that they: a) would not result in an over concentration of such uses in a particular area; b) would not have an unacceptable effect on the residential or prevailing character or amenity of the area; c) would be easily accessible; and d) would not have an unacceptable impact on the local highway network."
4.4 In the Adopted Isle of Man Strategic Plan 2016, the following policies are of relevance:
GP 2 a, b, c g, h, EP 22 iii) EP 23 CP 7 CP 11
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 German Parish Commissioners - No comments received by the Report drafting stage.
5.2 DOI Highway Services - (19/11/24) - comments: "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking. Details of secure covered cycle parking should be conditioned on permission."
5.3 No Third Party Representations had been received by the Report drafting stage.
6.0 ASSESSMENT Principle of development 6.1 The existing gym is located within an established area of neighbourhood shops and services within a wider residential estate on the eastern edge of Peel. The area includes the gym, a convenience shop, children's nursery, doctor's surgery, takeaway and public house. It would be reasonable to say that the coming and goings of traffic and people in this specific area is likely to be notably higher and more frequent than other areas of the residential estate and there is likely to be a level of acceptability when it comes to the associated noise and smells when living in close proximity to such facilities.
6.2 The gym received approval for the erection of signage (PA Ref: 18/00244/D), during the assessment of the hours of operation application which approved the earlier opening time of 0600 from Monday - Thursday (see PA Ref: 18/00724/B).
6.3 Subsequently, approval for extensions to the gym were granted in July, 2023 (PA23/00093/B) which provided 2-storey additions with the upper floor comprising a void and the new floorspace created on the ground floor only. These proposals enabled a re- configuration of the ground floor accommodation with the present Gym/Hall being turned into a weights room that would extend into the east side extension. The south side extension is used as a Gym. The existing uses of the first and second floor accommodation remain unchanged.
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6.4 This application proposes 2 elements seeking retrospective planning permission which are highlighted in drawings 22/3159/16 & 17 include:- o Alteration of the therapy room window opening to create an external doorway & o Changed position of the Main entrance to allow relocation of the tanning room In addition, the application proposes to further extend the approved extension at ground level closer towards the eastern site boundary so that it becomes stepped as the rear (east) boundary wall splays out, ensuring that adequate space for access is available throughout the outside of the facility. In addition to this, the rear extension is to accommodate a balcony at first floor level which takes advantages of the landscapes while maintaining privacy of neighbours by installing obscure glazing on the north side elevation. Because of this, an additional external stair is required to allow ease of escape within an emergency, with an obscure glazed door for access onto the stair.
6.5 In principle, the proposed development for the extension and alterations to the Fitness Centre is considered to be acceptable and in accordance with the provisions of Policy GP2 a) of the Adopted Isle of Man Strategic Plan 2016.
Design and visual impact 6.4 The proposed extensions to the Fitness Centre would be sited on the Southern and Eastern sides of the present building which are the sides located away from any adjoining residential properties in Close Beg. The proposed extension to the east side of the building would be of limited depth of between 3.4m and 4.2m, and would be flat-roofed. This side of the building adjoins the fields and countryside to the east and the bulk, scale, and massing of the extension to be added to this side is considered to be in keeping with that of the host structure. It would provide an outdoor balcony area that would look out over the adjoining field. Its visual impact would, therefore, be limited in nature and this is considered to be acceptable.
6.5 The addition of the extension to the south facing elevation, would result in a gradual step- down from the ridge of the mono-pitch roof where it would join the elevation at 2nd floor ground level, to ground floor eaves level. This would assist in assimilating the bulk and mass of the extension so that it reads as a reasonable addition to the Fitness Centre building without appearing excessive. In terms of its design and visual impact, this element of the extension is also considered to be acceptable. The extensions are therefore, considered to accord with the provisions of General Policy 2, parts (b) and (c) of the Adopted Isle of Man Strategic Plan 2016.
Neighbours amenities 6.6 The Fitness Centre, which is an acknowledged community facility, and had been operating from the site for some time, but with no formal complaints, issues or enforcement cases being raised by the public or surrounding neighbours. The Ref: 18/00724/B application did not result in any objections being received from the Local Commissioners or any surrounding residents, and on this basis the 1 hour earlier opening time of 06:00 (previously 07:00) was judged to be acceptable.
6.4 In respect of the previous 23/00093/B application, the occupants of 1 Close Beg expressed concerns regarding noise outbreak. In respect of this application, no third party representations have been received. The main difference here compared with the previously approved proposal is the addition of the balcony to the flat roof of the east facing extension looking out over the adjoining field. 6.5 It is considered unlikely that there would be significant noise disturbance arising from the use of the flat-roofed balcony extension to the east of the Building. This are would be sited away from nearby dwellings and would in effect be screened by the bulk of the main Fitness Centre structure.
6.6 Looking back at the comments of the Case Officer in respect of the PA Ref: 18/00724/B proposals to extend operating hours to those described in paragraph 1.2 above, which were:
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"Not to discount the earlier findings of the officer for the 2009 application, it would be reasonable to state that social change over recent years has led to an increased importance of the population's health and wellbeing and that the associated realms of acceptability have equally changed. It would be reasonable to say that the public would likely expect a sport facility such as a gym to be opening at 6am and closing early in the evenings in order to meet the demands of that specific clientele, whereas the expected opening times for a neighbouring public house would likely be 11am/midday and closing late in the evenings 12/1am.
Given the established neighbourhood shop area in which the gym sits and the publically accessible space surrounding the gym at any time and the unrestricted opening hours of the neighbouring shops, it is not expected that the earlier opening time of 6am will bring about such a change in the use of the gym or the numbers visiting to warrant a concern on the impact of the general living conditions of the immediate neighbours." As no other complaints have been received, and the applicants have previously acknowledged the neighbours' concerns and advised that the extensions would enable the internal layout if the fitness centre to be adjusted so as to minimise any noise outbreak, it is considered that the proposed extensions are acceptable and accord with the provisions of Policies GP 2 g, EP 22 iii) and EP 23 of the Adopted Isle of Man Strategic Plan 2016.
Highway safety 6.8 DoI Highways has responded raising no objection to the proposals. It is considered that in this regard, the proposed extensions are acceptable and accord with the provisions of Policies GP 2 h) and i) of the Adopted Isle of Man Strategic Plan 2016.
7.0 CONCLUSION 7.1 For the above reasons it is considered that the application for the extension to the Fitness Centre is acceptable and approval is recommended.
8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
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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 and/or rights to appeal.
Decision Made: Permitted Date: 23.12.2024
Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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