222971

==== PAGE 1 ====

PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No.: Applicant: Proposal : 14/00051/C B4 And After Limited Change of use of existing ground floor office accommodation to a hairdressing salon Milbourn House 13 St Georges Street Douglas Isle Of Man IMl lAJ Site Address: Case Officer: Photo Taken : Site Visit: Expected Decision Level: Mr Edmond Riley 05.02.2014 05.02,2014 Planning Committee Officer's Report THE APPLICATION IS BROUGHT BEFORE PLANNING COMMITTEE FOR CONSIDERATION AT THE REQUEST OF THE DEVELOPMENT CONTROL MANAGER AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN. 1.0 THE APPLICATION SITE The application site comprises an office building, which is currently vacant, located on the corner of George Street and St George's Terrace in Douglas. It is an L-shaped unit, rendered in a cream colour, and with various architectural detailing, to include projecting gables, an arch above one entrance door but not the other, and mock Tudor beans (painted white) alongside a rather curious approach to fenestration that comprises no fewer than seven differently-shaped and sized window units. 1.1 The architecture in the area is also quite varied, with the uses mainly confined to offices although some other, more traditionally town centre, uses such as coffee shops are nearby. 1.2 2.0 THE PROPOSAL 2.1 Planning approval is sought for the change of use of the current office unit to a hairdressing salon. No external changes, nor signage, are proposed. 3.0 PLANNING HISTORY The site has been the subject of three previous planning applications, all prior to the Millennium, and none of which are considered of material relevance to the determination of the current planning application. 3.1 4.0 PLANNING POLICY In terms of land use designation the application site is located within a wider area of land that is designated as "predominantly office" use under the Isle of Man Planning Scheme 4.1 14 April 2014 14/00051/C Page 1 of 5

==== PAGE 2 ====

(Douglas Local Plan) Order 1998. It is also identified as being within the Urban Regeneration Study Area. The site is within land that is zoned for development; while it is a matter of fact that the zoning is for "predominantly office" use, it is also true that the general principles against which to test the acceptability of development proposals are set out in General Policy 2 of the Strategic Plan. Although a strict reading of the wording of General Policy 2 indicates that it might not directly apply, the principles of that policy are such that it is considered the most appropriate Strategic Plan policy to consider is indeed General Policy 2. It reads (in part): "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: 4.2 (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactor/ amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space, and (i) does not have an unacceptable effect on road safety or traffic flows on the local highways" Business Policy 9 reads in full: "The Department will support 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. Major retail development proposals will require to be supported by a Retail Impact Assessment", 4.3 Business Policy 10 reads in full: "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5". 4.4 5.0 REPRESENTATIONS Douglas Borough Council has no objections to the planning application. 5.1 Department of Infrastructure Highway Services do not oppose the planning application. Further information was sought from the applicant in respect of available car parking within the area, and when this was provided the case officer forwarded the detaiis to the Highways Division for their additional thoughts. They noted that disc parking is available in the area and its location is such that many customers will walk. It was also asserted that no hairdressers have private parking, 5.2 The Regeneration Manager within the then Chief Secretary's Office was contacted for his comments given the site's location within the Urban Regeneration Study Area of the Douglas Local Plan. However, it was confirmed that the Regeneration area in the Local Plan and that which is worked to in the Regeneration team do not overlap, and the application site falls outside of the latter area. As such, no formal comments were provided to the application. 5.3 6.0 ASSESSMENT As no external works are proposed, the issue at hand is very much the extent to which the proposed use is acceptable for the location. The predominant use surrounding, and zoning for, the application site is offices (Class 4), and a change of use to a hairdressing salon (Class 1(e)) is therefore in conflict with the Development Plan. However, the key test in 6.1 Page 2 of 5 14 April 2014 14/00051/C

==== PAGE 3 ====

circumstances such as this is the extent to which a proposed change of use would harm the character of the area to the extent that the application warrants being refused. As noted earlier, the wider area contains uses that also fall outside of the zoning. It is equally true that the zoning refers to "predominantly" office uses, not "entirely" office uses; the slight variety of uses within the wider area, to include those more commonly associated with town centre uses, is reflective of the relatively vibrant nature of this part of Douglas. 6.2 Business Policies 9 and 10 are clear that new retail provision will be supported where it is within established town (and village) centres. An assessment is therefore appropriate in respect of the effect the proposal could have on Douglas Town Centre. The issue here is the extent to which the proposal would harm the vitality and viability of Douglas town centre. The scale of the proposal, alongside the relative commonness of hairdressing salons in the town centre, is such as to reasonably conclude that the proposal is unlikely to draw significant footfall away from the town centre, It is also noted that the current premises of the applicant is not within Douglas town centre. As such, it is not considered that the loss of one office unit

• which, it must be noted, is currently vacant - would be wholly inappropriate. Taken together, although there is some conflict with Business Policies 9 and 10 of the Strategic Plan, it is not considered that the proposal in itself would cause harm of a level significant enough to warrant the application's refusal. 6.3 The wider area has a number of office uses of varying types, size and age such that there is unlikely to be a deleterious impact on the character or use of this area through the loss of one such unit. Moreover, and for the reasons discussed above, the introduction of a hairdressing salon is not, in itself, objectionable in that it reflects the already varied nature of the central-western part of Douglas. On the basis of the above, it is considered that the application accords with parts (c) and (g) of General Policy 2. 6.4 The lack of conflict with Business Policies 9 and 10 and General Policy 2 (c) and 2 (g) is judged on the merits of the current application. It is not necessarily the case that any retail use (that is, those uses set out in Schedule 4, Article 6, paragraph 1 of the Town and Country Planning (Permitted Development) Order 2012) would be similarly acceptable. As such, it is recommended that a condition restricting the unit's use to that of a hairdressing salon be attached to any approval that may be forthcoming. 6.5 Concern was raised with the applicant and agent in respect of the availability of parking in the area, and with respect to where patrons would park, and further information was provided by the applicant and agent on this point. There is a car park to the rear of the building that has approximately 15 spaces and, although this is not fully related to the application site, it is possible for the applicant to rent spaces within the car park. It is understood that one has already been rented and that additional spaces could be secured if (parking) problems were to arise. It has been stated by the agent and applicant that many of the patrons walk to the salon from their place of work; while this could be possible, it is not capable of being controlled via condition or used as definitive evidence in reaching a decision on the application. 6.5 The previous use of the application site is also relevant; the agent advises that roughly 15 workers would have been employed within the application site, and these workers would also have used nearby public car parks for their own cars. Moreover, the site is well-located to public transport links such that there is considered to be a good offer of alternative transport options within the nearby vicinity. It is further noted that no objection was raised by the Highways Division in respect of parking issues. It is therefore considered that the application does not conflict with parts (h) or (i) of General Policy 2. 6.6 14/00051/C Page 3 of 5 14 April 2014

==== PAGE 4 ====

7.0 RECOMMENDATION 7.1 It is recommended that the application be approved. 8.0 INTERESTED PERSON STATUS The Highways Division is, by virtue of the Town and Country Planning (Development Procedure)(No2) Order 2013, Article 6(4)(d), considered an interested person and, as such, should be afforded Interested Person Status. 8.1 The local authority, Douglas Borough Council is, by virtue of the Town and Country Planning (Development Procedure)(No2) Order 2013, Article 6(4)(e), considered an interested person and, as such, should be afforded Interested Person Status. 8.2 Page 4 of 5 14 April 2014 14/00051/C

==== PAGE 5 ====

Recommendation Recommended Decision: Permitted Date of Recommendation: 01.04.2014 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals C 1, The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. 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. C3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 the unit may only be used as a hairdressing salon and not for any other purpose within Class 1 of Schedule 4. N 1, The applicant is advised that no advertisement consent is hereby issued, application for advertisement consent would need to be submitted for consideration by the Planning Authority in respect of any advertisements that the applicant may wish to install. A separate I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority. : ZoHj- Decision Made Committee Meeting Date Signed :... Presenting Officer Further to the decision of the Committee an additional report/condition reason is required, signing officer to delete as appropriate jjTESgfioO 14 April 2014 14/00051/C Page 5 of 5

==== PAGE 6 ====

PLANNING OFFICER REPORT AND RECOMMENDATIONS 14/00051/C B4 And After Limited Change of use of existing ground floor office accommodation to a hairdressing salon Milbourn House 13 St Georges Street Douglas Isle Of Man IMl lAJ Application No.: Applicant: Proposal : Site Address : Mr Edmond Riley 05.02.2014 05.02.2014 Planning Committee Case Officer: Photo Taken : Site Visit: Expected Decision Level: Officer's Report THE APPLICATION IS BROUGHT BEFORE PLANNING COMMITTEE FOR CONSIDERATION AT THE REQUEST OF THE DEVELOPMENT CONTROL MANAGER AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN. 1.0 THE APPLICATION SITE The application site comprises an office building, which is currently vacant, located on the corner of George Street and St George's Terrace in Douglas. It is an L-shaped unit, rendered in a cream colour, and with various architectural detailing, to include projecting gables, an arch above one entrance door but not the other, and mock Tudor beans (painted white) alongside a rather curious approach to fenestration that comprises no fewer than seven differently-shaped and sized window units, 1.1 The architecture in the area is also quite varied, with the uses mainly confined to offices although some other, more traditionally town centre, uses such as coffee shops are nearby. 1.2 2,0 THE PROPOSAL Planning approval is sought for the change of use of the current office unit to a 2.1 hairdressing salon. No external changes, nor signage, are proposed. 3.0 PLANNING HISTORY 3.1 TTie site has been the subject of three previous planning applications, all prior to the Millennium, and none of which are considered of material relevance to the determination of the current planning application. 4.0 PLANNING POLICY In terms of land use designation the application site is located within a wider area of land that is designated as "predominantly office" use under the Isle of Man Planning Scheme 4.1 7 April 2014 14/00051/C Page 1 of 5

==== PAGE 7 ====

(Douglas Local Plan) Order 1998. It is also identified as being within the Urban Regeneration Study Area. The site is within land that is zoned for development; while it is a matter of fact that the zoning is for "predominantly office" use, it is also true that the general principles against which to test the acceptability of development proposals are set out in General Policy 2 of the Strategic Plan. Although a strict reading of the wording of General Policy 2 indicates that it might not directly apply, the principles of that policy are such that it is considered the most appropriate Strategic Plan policy to consider is indeed General Policy 2. It reads (in part); "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: 4.2 (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space, and (i) does not have an unacceptable effect on road safety or traffic flows on the local highways" Business Policy 9 reads in full: "The Department will support 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, Major retail development proposals will require to be supported by a Retail Impact Assessment". 4.3 Business Policy 10 reads in full: "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5". 4.4 5.0 REPRESENTATIONS 5.1 Douglas Borough Council has no objections to the planning application. Department of Infrastructure Highway Services do not oppose the planning application. Further information was sought from the applicant in respect of available car parking within the area, and when this was provided the case officer forwarded the details to the Highways Division for their additional thoughts. They noted that disc parking is available in the area and its location is such that many customers will walk. It was also asserted that no hairdressers have private parking. 5.2 The Regeneration Manager within the then Chief Secretary's Office was contacted for his comments given the site's location within the Urban Regeneration Study Area of the Douglas Local Plan. However, it was confirmed that the Regeneration area in the Local Plan and that which is worked to in the Regeneration team do not overlap, and the application site fails outside of the latter area. As such, no formal comments were provided to the application. 5,3 6.0 ASSESSMENT As no external works are proposed, the issue at hand is very much the extent to which the proposed use is acceptable for the location. The predominant use surrounding, and zoning for, the application site is offices (Class 4), and a change of use to a hairdressing salon (Class 1(e)) is therefore in conflict with the Development Plan. However, the key test in 6.1 Page 2 of 5 7 April 2014 14/00051/C

==== PAGE 8 ====

circumstances such as this is the extent to which a proposed change of use would harm the character of the area to the extent that the application warrants being refused. As noted earlier, the wider area contains uses that also fall outside of the zoning. It is equally true that the zoning refers to "predominantly" office uses, not "entirely" office uses; the slight variety of uses within the wider area, to include those more commonly associated with town centre uses, is reflective of the relatively vibrant nature of this part of Douglas. 6.2 Business Policies 9 and 10 are dear that new retail provision will be supported where it is within established town (and village) centres, An assessment is therefore appropriate in respect of the effect the proposal could have on Douglas Town Centre. The issue here is the extent to which the proposal would harm the vitality and viability of Douglas town centre. The scale of the proposal, alongside the relative commonness of hairdressing salons In the town centre, is such as to reasonably conclude that the proposal is unlikely to draw significant footfall away from the town centre, It is also noted that the current premises of the applicant is not within Douglas town centre. As such, it is not considered that the loss of one office unit

• which, it must be noted, is currently vacant - would be wholly inappropriate. Taken together, although there is some conflict with Business Policies 9 and 10 of the Strategic Plan, it is not considered that the proposal in itself would cause harm of a level significant enough to warrant the application's refusal. 6.3 The wider area has a number of office uses of varying types, size and age such that there is unlikely to be a deleterious impact on the character or use of this area through the loss of one such unit. Moreover, and for the reasons discussed above, the introduction of a hairdressing salon is not, in itself, objectionable in that it reflects the already varied nature of the central-western part of Douglas. On the basis of the above, it is considered that the application accords with parts (c) and (g) of General Policy 2. 6.4 The lack of conflict with Business Policies 9 and 10 and Genera! Policy 2 (c) and 2 (g) is judged on the merits of the current application. It is not necessarily the case that any retail use (that is, those uses set out in Schedule 4, Article 6, paragraph 1 of the Town and Country Planning (Permitted Development) Order 2012) would be similarly acceptable. As such, it is recommended that a condition restricting the unit's use to that of a hairdressing salon be attached to any approval that may be forthcoming. 6.5 Concern was raised with the applicant and agent in respect of the availability of parking in the area, and with respect to where patrons would park, and further information was provided by the applicant and agent on this point. There is a car park to the rear of the building that has approximately 15 spaces and, although this is not fully related to the application site, it is possible for the applicant to rent spaces within the car park. It is understood that one has already been rented and that additional spaces could be secured if (parking) problems were to arise. It has been stated by the agent and applicant that many of the patrons walk to the salon from their place of work; while this could be possible, it is not capable of being controlled via condition or used as definitive evidence in reaching a decision on the application. 6.5 The previous use of the application site is also relevant; the agent advises that roughly 15 workers would have been employed within the application site, and these workers would also have used nearby public car parks for their own cars. Moreover, the site is well-located to public transport links such that there is considered to be a good offer of alternative transport options within the nearby vicinity. It is further noted that no objection was raised by the Highways Division in respect of parking issues. It is therefore considered that the application does not conflict with parts (h) or (i) of General Policy 2. 6.6 7.0 RECOMMENDATION 14/00051/C Page 3 of 5 7 April 2014

==== PAGE 9 ====

It is recommended that the application be approved. 7.1 8.0 INTERESTED PERSON STATUS The Highways Division is, by virtue of the Town and Country Planning {Development Procedure)(No2) Order 2013, Article 6(4)(d), considered an interested person and, as such, should be afforded Interested Person Status. 8.1 The local authority, Douglas Borough Council is, by virtue of the Town and Country Planning (Development Procedure)(No2) Order 2013, Article 6(4)(e), considered an interested person and, as such, should be afforded Interested Person Status. 8.2 Recommendation Recommended Decision: Permitted Date of Recommendation: 01.04.2014 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals C 1, The development hereby permitted shall commence before the expiration of four years from the date of this notice. C2. 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. C3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 the unit may only be used as a hairdressing salon and not for any other purpose within Class 1 of Schedule 4. N 1. The applicant is advised that no advertisment consent is hereby issued. A separate application for advertisement consent would need to be submitted for consideration by the Planning and- •etiHdmg-Contrdl-'&ivisiefi- in respect of any advertisements that the applicant may wish to install. Page 4 of 5 7 April 2014 14/00051/C

==== PAGE 10 ====

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate deiegated authority. Committee Me<^ing Date; Decision Made : Signed ... Presenting Officer .. Further to the decision of the Committee an additional report/condition reason is required, signing officer to delete as appropriate 7 April 2014 14/00051/C Page 5 of 5