Planning Officer Report

Planning Officer Report And Recommendations {{table:329304}}

Officer's Report

The Site

1. The site is the curtilage of two units situated on the western side of Glen Falcon, opposite the glen itself and with a three storey dwelling on the corner of Glen Falcon Road and Derby Road, to the south of the application site, and single storey shop units to the north - an exercise class unit and a convenience store on the corner. The shop was most recently used as a ladies clothing shop (Jules).

1. The unit is single storey with a flat roof and heavy parapet which is at two different levels - slightly lower on the rights hand side (number 5) and with decorative detailing on the slightly higher section to the left.

The Proposal

1. Proposed is the change of use of the shop to a yoga, sports coaching, therapy and classes facility. The applicant has indicated that the use would be around 2.5 hours on a Monday, 8 hours on a Tuesday and Thursday, 5 hours on a Friday and 2 hours on a Saturday with this operating on the basis of 20 hours for yoga therapy and sports coaching on a one to one basis and 5.5 hours of yoga classes. In addition there would be 4 general classes of teaching per week with 8 to 12 students participating and 1 multiple sclerosis teaching class with 6 -7 students per week. No specific hours of operation are given.

Planning Status And Policy

1. The site lies within an area of Predominantly Residential on the Douglas Local Plan of 1998.

1. The site lies within the Windsor Road Conservation Area. The former Glen Falcon Brewery Building is Registered (RB 145).

1. The site, despite being within a Predominantly Residential Area has most recently been used as a retail unit, thus generating customers throughout the day. The adjacent shop operates up to 10pm every night.

1. The only policy within the Strategic Plan which is considered relevant to the consideration of this application is Environment Policy 35 which states:

"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special

features contributing to the character and quality are protected against inappropriate development."

Planning History

1. The most recent application for this site amended the parapet roofing above the shop front (PA 12/0321). Other alterations to the property have been approved (PAs 11/1252, 96/01488 and 01/00320) none of which is considered relevant to the consideration of this application.

Representations

1. Highways Division initially expressed concern about the application, seeking further information about parking. However, having discussed the application with the applicant, they now indicate that the application is satisfactory.

1. Douglas Corporation have no objection to the application.

Assessment

1. The property lies within a Conservation Area and as such, as well as the acceptability of the use, it is important that the property is in use and the area remains vibrant and active. The proposed use will be likely to be in use throughout the day and in the evenings and weekends which is a positive thing. The property sits alongside a busy public highway and in close proximity to the Villa Marina where events often generate car parking in and around the vicinity of the site, thus resulting in comings and goings later on at night and the adjacent convenience store is open until 10pm every evening. As such, it is not considered that, if the application is found to be acceptable, that conditions should be attached to restrict the hours of operation.

Party Status

1. The local authority, Douglas Borough Council is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 13.12.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1.

The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.

C 2.

This permission relates to the change of use of the property identified in plan reference J/3771/2(C) and the location plan, as an alternative health and fitness/sport therapy facility.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made: Permitted Date: 13/12/12

Determining officer (delete as appropriate)

Signed: A. H. H. Anthony Holmes Senior Planning Officer

Signed: Michael Gallagher Director of Planning and Building Control

Signed: Sarah Corlett Senior Planning Officer

Signed: Jennifer Chance Development Control Manager