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25/90270/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90270/B Applicant : Glen Husada & Devi Utami Proposal : Change of use from retail to clinic and health centres with alterations to external windows and doors Site Address : 6 Market Hill Douglas Isle Of Man IM1 2BE
Planning Officer: Paul Visigah Photo Taken : 19.03.2025 Site Visit : 19.03.2025 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 24.04.2025 __
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. Prior to the installation of external finishes and materials, details of all external finishes, including the manufacturer's details, specification and colour of all the materials/wall/windows/doors to be used in the external finish for the approved development shall be submitted to and approved in writing by the Department.
The development shall not be occupied or brought into use unless the external finish has been applied in accordance with the approved details and retained as such thereafter.
Reason: To ensure that the development is carried out to the highest standards of materials, in the interests of the appearance of the development and the visual amenities of the area.
C 3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the use hereby approved shall be for Use Class 1.2 - Financial and professional services, Class 4.1 - Clinics or health centres of that Use Classes Schedule, and beauty therapy services (Sui Generis) only.
Reason: The Department has assessed the impact of the proposal on this basis of these uses only and any alternative uses will require further consideration.
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This application has been recommended for approval for the following reason. The proposed development is considered acceptable as it strikes a balance between addressing its limitations and providing substantial benefits. While the absence of on-site parking represents a notable shortfall against Appendix A.7.6 of Transport Policy 7 and the loss of active retail frontage is acknowledged, these issues are mitigated by the site's proximity to the Lord Street Bus Station, nearby public car parks, and alternative transport options, ensuring compliance with General Policy 2(h) and Transport Policy 4. The external alterations respect the building's Art Deco character and contribute positively to the streetscape in line with Strategic Policy 3(b) and Environment Policy 42, preserving its architectural integrity. Moreover, the change of use supports the vitality of Douglas town centre, aligning with General Policy 2(i) and the mixed-use principles outlined in Paragraphs 9.4.1 and 9.11.2 of the Area Plan, thereby enhancing local services and employment opportunities. Subject to conditions securing design and material quality, the proposal effectively balances modernization, accessibility, and preservation, ensuring compliance with relevant policies.
Plans/Drawings/Information;
This decision relates to the documents and plans received 12 March 2025, and Correspondence from applicant received 28 April 2025.
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o DOI - No objection o Douglas City Council - No objection
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Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR AN APPROVAL
1.0 THE APPLICATION SITE 1.1 The application site is the ground and basement floor of 6 Market Hill, Douglas, which is a three-storey corner building located southeast of the junction of Market Hill and Lord Street in Douglas. The building has some interesting art deco architectural features, especially prominent on the chamfered corner. At the ground floor is a shop unit, while above is an apartment which was converted from vacant offices.
1.2 There is no parking provision on site, although the site sits close to existing public parking areas, such as the Lord Street Car Park, Bus Station Car Park on Lord Street, Car Park abutting Parade Street & Circus Beach Marshalling Area, as well as the Shaws Brow Car Park situated about 180m from the site, and the Drumgold Street Car Park situated about 162m away. The Lord Street Bus Station is situated adjacent the site. The site is also close to the Victoria Street Taxi rank which is about 110m away.
2.0 THE PROPOSAL 2.1 Planning approval is sought for Change of use from retail to Clinic and Health Centre and beauty therapy (overall, Sui Generis), with alterations to external windows and doors. The existing ground floor area which serves an existing shop with a WC and storage area would be converted to a reception area, two consultant rooms, a new WC, with the existing WC opened up to create a new fire escape. On the ground floor, the existing basement which serves as a large store will be converted to two treatment rooms and a staff room.
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2.2 There would be alterations to the existing window openings to create a new central door opening on the Lord Street elevation into the new reception. Other works would include: 1. Building up the existing door opening on the chamfered section which serves as the existing door entrance to the unit and finishing to the existing building. 2. Providing new windows in existing openings with single pane windows to allow for new 50/50 windows on either side of the new entrance door. Windows are to open inwards. 3. Reinstating the 3 No slit windows on the left side of the new entrance. 4. Providing new windows in existing openings on the Market Hill elevation. Windows to also open inwards.
2.3 No bin storage is shown on the submitted plans, although it was observed during the site visit that that bins are located in the adjacent lane between Cafe Laate, 1 Lord Street and the application site.
2.4 There is also no parking provision for the site, although the applicants have provided details of off-site parking (Nos. 45 and 85) at Middle March car Park accessed via Lord Street and Victoria Street.
3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The site falls within the Mixed Use Area 3 - Strand Street on the Area Plan for the East (Map 5 - Douglas Central), although it is not along a Primary Retail or Primary Office Frontage. The site is also not within a Conservation Area or an area prone to flood risks.
3.2 Area: Area Plan for the East 2020 3.2.1 The Area Plan Written statement states the following about the area: 1. 9.10.5 Mixed Use Area 3 - Strand Street "This area forms the core of the retail shopping area and is characterised by shops, food and drink uses, financial and professional services and other associated town centre uses such as hairdressers, beauticians and so on. The area is currently busy during daytime but quiet of an evening and it is considered that more residential uses would benefit the area and help support the night time economy. The primary shopping frontage is notated by the hatched line on Map 5.
Town Centre - Mixed Use Proposal 3 "There will be a presumption in favour of retail and ancillary town centre uses such as food and drink and health and beauty uses along the primary shopping frontage. Outside of the primary shopping frontage a wider variety of town centre uses including financial and professional services open to visiting members of the public will also be acceptable. Entertainment venues, offices and residential use will be acceptable at first floor level and above, but not at ground floor level where an active frontage should be maintained and enhanced. These active frontages are essential to sustain an attractive town centre."
Section 9.11 Development in areas of 'mixed use' "9.11.2 Development types within areas of mixed use generally comprise a variety of different but compatible uses. Appropriate new uses may include a mix of shops and some services (financial and professional), food and drink, office and light industry, research and development, tourist and residential uses, and other uses such as clinics or health centres, childcare or education, community facilities, and places of assembly and leisure. Uses which are not compatible with residential development will generally not be supported within the areas of mixed use."
Section 9.4: Area Plan objectives for town and village centres "9.4.1 This Plan recognises the principles of sustainable development when it comes to town and village centres and supports such areas being used for a mix of retail, office, food and
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drink tourism, cultural and residential development which all interplay together to help ensure the vitality of centres. Centres should be places where people work, live, shop, access local services and should be designed to minimise the need to travel and are accessible safely and conveniently by non-car modes of travel - walking, cycling and public transport. Signs of decline can be reversed by positive action to encourage increased activity to help re-vitalise the centres to ensure their continued viability."
3.3 National: Strategic Plan 2016 3.3.1 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: 1. Strategic Policy 1 - development should make the best use of resources by optimising the use of redundant buildings and under-used land and buildings. 2. Environment Policy 42 - character and need to adhere to local distinctiveness. 3. Business Policy 1 - The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan. 4. General Policy 2 - General Development Considerations. 5. Strategic Policies 2 and 5 - relate to the location of new development within existing towns, and good design. 6. Strategic Policy 3 - 7. Transport Policy 4 - Highway capacity and safety considerations. 8. Transport Policy 7 - The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. Medical / health services - 3 spaces per consulting room plus staff parking. Appendix A.7.6 further states that: These standards can be relaxed under certain circumstances, where development: (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. 9. Paragraph 10.5.1: "Community facilities are those services or facilities that provide for the needs of the Island population. As such, they should be appropriate to the needs of the Island's population and be located as to be easily accessible. Community facilities include community centres, medical facilities, places of worship, schools, nurseries, library services and premises which provide an element of care for those sectors of the community that are in need of this."
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Central Douglas Master Plan, 2015
5.0 PLANNING HISTORY 5.1 The site has not been subject of any recent planning application that is considered relevant in the assessment and determination of the current application.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 DOI Highways find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking as the site is in the sustainable location in Douglas centre with parking available (20 March 2025).
6.2 Douglas City Council have no objection (21 March 2025).
6.3 No comments have been received from neighbouring properties.
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7.0 ASSESSMENT 7.1 The fundamental issues to consider with regards to this application are: 1. The principle of the proposed use; 2. The visual impact of the proposal; and 3. The impact upon highway safety/parking.
7.2 THE PRINCIPLE (GP2, BP1 & Paragraph 9.1.12, & TAPE) 7.2.1 In assessing the principle of the proposed use from retail to Clinic and Health Centre with ancillary beauty therapy services (Sui Generis) it is recognized that the use of the building for retail purposes with an active frontage is established. The proposed clinic would not retain the same active frontage currently present; however, the site's location within a mixed-use area allows for a variety of compatible uses, including residential, retail, offices, estate services, IT services, and other similar activities. As highlighted in "Section 9.11 Development in areas of 'mixed use,'" appropriate new uses may include clinics and health centres (Paragraph 9.11.2). This demonstrates that the proposed Clinic and Health Centre and the inclusion of ancillary beauty therapy services provides further compatibility with the mixed-use area and complements the range of uses supported by the Area Plan.
7.2.2 Although the scheme would result in the loss of active retail frontage, it is important to note that the site does not fall within a Primary Retail or Primary Office Frontage. According to "Town Centre - Mixed Use Proposal 3" of the Area Plan, while there is a presumption in favour of retail and ancillary town centre uses like food, drink, and health and beauty services within the primary shopping frontage, "outside of these frontages, a broader variety of town centre uses, including financial and professional services open to visiting members of the public, is acceptable" (Paragraph 9.10.5). This policy clearly supports the suitability of the proposed use as a Clinic and Health Centre and Sui Generis beauty therapy services within this area, even with the shift away from retail.
7.2.3 The site lies within the Douglas town centre, where sustainable development principles emphasize maintaining vitality through mixed-use developments. As stated in Paragraph 9.4.1 of the Area Plan, town centres should integrate retail, office, food, tourism, cultural, and residential developments to ensure their functionality and reduce the need for travel. By introducing a Clinic and Health Centre with beauty therapy services, the proposal contributes to this vision by diversifying the range of uses in the area, extending the local economy into evening hours, and creating employment opportunities, which are critical to the area's long- term sustainability.
7.2.4 While the loss of active retail frontage is a consideration, the proposed Clinic and Health Centre with beauty therapy services provides significant benefits that align with the Area Plan's broader objectives. Section 9.4 highlights the importance of combining retail, office, food, and other services to ensure town centres remain vibrant and accessible (Paragraph 9.4.1). Additionally, the proposal meets strategic policies directing new developments to sustainable locations such as existing town centres. By offering the proposed uses for visiting members of the public, the proposal contributes positively to the range of activities available to the local community, reinforcing the mixed-use objectives outlined in Paragraph 9.11.2.
7.2.5 In conclusion, the proposed use of the building as a Clinic and Health Centre and beauty therapy services aligns with the broader objectives of the Area Plan. The inclusion of clinic and health services supports the vitality and sustainability of the Douglas town centre, while meeting the accepted uses for mixed-use areas. As outlined in Paragraphs 9.11.2 and 9.4.1, this proposal satisfies the key criteria for development in this location and ensures the area remains dynamic, functional, and accessible to the community.
7.3 VISUAL IMPACTS (GP 2, STP 3 & 5, & EP 42) 7.3.1 The proposed alterations to the building at the junction of Market Hill and Lord Street must be assessed with regard to their impact on architectural integrity and the wider
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streetscape. The structure, notable for its Art Deco style, chamfered corner, and decorative façade elements, plays a crucial role in shaping the town centre's identity. General Policy 2(b) underscores the importance of preserving such distinctive architectural features. The proposal adheres to this principle by retaining key Art Deco elements, ensuring the building's historical character and urban presence are maintained.
7.3.2 The introduction of a central door opening on the Lord Street elevation, replacing part of the existing window arrangement, alters the façade's composition, influencing its symmetry and formal aesthetic. The supporting texts to Strategic Policy 5 (Paragraph 4.3.8) stipulate that new development, which includes modifications should respect original building proportions and contribute positively to the Island's environment. While the new door enhances accessibility, it has the potential to disrupt the building's symmetry. However, the use of matching materials and consistent detailing, ensuring the door design harmonizes with adjacent windows can mitigate this impact. To maintain architectural coherence, a condition would be imposed requiring materials and detailing that align with the existing façade.
7.3.3 The proposal also seeks to replace single-pane windows with inward-opening 50/50 configurations while reinstating three slit windows. These alterations introduce modern functionality while remaining sympathetic to the established architectural framework. Strategic Policy 3(b) emphasizes the need for modifications that positively contribute to the architectural setting. The reinstatement of slit windows is particularly beneficial in reinforcing the vertical emphasis of the elevation, thereby strengthening the building's character and its role within the streetscape. Collectively, these changes enhance both aesthetic and practical aspects of the property.
7.3.4 A notable intervention within the scheme is the proposed infilling of the chamfered entrance, a distinctive feature that has historically contributed to the building's unique architectural expression. Environment Policy 42 highlights the significance of retaining character-defining elements and ensuring new developments align with their immediate locality. The removal of this entrance has the potential to reduce the building's distinctiveness; however, high-quality materials and meticulous detailing; matching the existing façade's texture and colour, can help mitigate this impact. A condition would be imposed to ensure that the materials and finishes used for the infill maintain visual continuity and uphold the architectural integrity of the building.
7.3.5 The proposed modifications introduce several positive attributes. The addition of new doors and windows improves accessibility, while the restoration of slit windows and retention of key architectural features contribute to historical preservation. The overall aesthetic enhancements further strengthen the property's integration within the streetscape. However, considerations must be made regarding potential drawbacks; the disruption of façade symmetry due to the new central door opening and the impact of infilling the chamfered entrance. With careful material selection and execution, the proposal can successfully reconcile modernization with architectural integrity. This approach aligns with General Policy 2(b), Strategic Policy 3(b), Strategic Policy 5, and Environment Policy 42, providing a sound basis for a positive planning judgement. Conditions should be imposed to ensure material and detailing consistency, thereby mitigating any adverse effects on the building's distinctiveness and contributions to the character of the site and townscape.
7.4 PARKING/HIGHWAY SAFETY IMPACTS (GP2, TP4, and TP7) 7.4.1 In accordance with Transport Policy 7 and the accompanying standards in Appendix A.7.6, medical and health services require three parking spaces per consulting room, in addition to staff parking. With two consulting rooms proposed for the Clinic and Health Centre, alongside beauty therapist services, the total parking requirement amounts to six spaces plus staff parking. The absence of any on-site parking provision represents a shortfall against these standards. However, Appendix A.7.6 permits flexibility where developments are within a reasonable distance of public transport routes, and it can be demonstrated that the shortfall
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will not result in unacceptable on-street parking pressures. In this instance, the site's urban location offers significant mitigating factors.
7.4.2 The site is adjacent to the Lord Street Bus Station, the main public transport hub in Douglas, providing extensive connectivity to bus routes across the locality and the Island. This aligns with General Policy 2(h), which requires developments to provide safe and convenient access for highway users, and General Policy 2(i), which emphasizes that proposals should not have an unacceptable effect on road safety or traffic flows. Additionally, off-site parking spaces (Nos. 45 and 85) have been secured at Middle March Car Park, located within close proximity to the site. Nearby public car parks, including the Lord Street Car Park (adjacent to the site), Drumgold Street Car Park (approximately 162m away), and Chester Street Car Park (about 550m away), provide further off-street parking options. Visitors can also utilize the Victoria Street taxi rank, situated approximately 110m from the site. These measures collectively ensure adequate parking provision while minimizing reliance on on-street parking.
7.4.3 In accordance with Transport Policy 4, which requires highways serving new developments to accommodate vehicle and pedestrian journeys safely and appropriately, the development has been assessed for its impact on road safety and traffic flows. Advice from DOI Highways confirms that the proposal raises no significant concerns regarding highway safety or network functionality. The strong public transport connectivity, coupled with the availability of off-site parking and alternative transport options, ensures that the absence of on- site parking will not lead to adverse road safety impacts or unacceptable on-street parking pressures. These factors demonstrate compliance with General Policy 2(h) and General Policy 2(i).
7.4.4 The proposal addresses parking and highway safety impacts through a combination of off-site parking provisions, strong public transport links, and reliance on nearby alternative transport options. While the lack of on-site parking represents a shortfall, the mitigating factors ensure that the proposal complies with General Policy 2(h) and General Policy 2(i), as well as the requirements of Transport Policy 4, Transport Policy 7, and the flexibility provided under Appendix A.7.6.
8.0 CONCLUSION 8.1 The proposal presents some drawbacks, primarily the loss of active retail frontage, which reduces the vibrancy typically associated with a retail use in town centres. Additionally, the absence of on-site parking provision fails to meet the standards outlined in Appendix A.7.6 of Transport Policy 7, resulting in a significant parking shortfall. These factors could potentially impact the site's functionality and its contribution to the immediate area. Despite these failings, the proposal introduces a compatible and policy-compliant use within a mixed-use area. The introduction of a Clinic and Health Centre, alongside beauty therapist services, aligns with the objectives of Paragraphs 9.11.2 and 9.4.1 of the Area Plan, which support diverse uses to sustain town centre vitality. The external alterations respect the Art Deco character of the building and preserve its key architectural features, in compliance with Strategic Policy 3(b) and Environment Policy 42, while enhancing its visual integration into the streetscape. Furthermore, the site's location adjacent to the Lord Street Bus Station, its proximity to public car parks, and reliance on alternative transport options effectively mitigate the lack of on-site parking, ensuring compliance with General Policy 2(h) and Transport Policies 4 and 7.
8.2 While the proposal does have limitations, these are outweighed by its positive contributions to the sustainability, accessibility, and character of the Douglas town centre. The principle of the proposed use aligns with policy objectives for mixed-use areas, the visual impact is mitigated through careful design and material conditions, and parking and highway safety concerns are addressed through robust mitigating measures. Subject to appropriate conditions securing design quality and material consistency, the proposal is considered to comply with the relevant policies of the Strategic Plan and Area Plan for the East, and is acceptable in planning terms.
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9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 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).
9.2 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.
9.3 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.
9.4 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 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 and/or rights to appeal.
Decision Made: Permitted Date: 19.05.2025
Signed : Presenting Officer
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