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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01454/GB Applicant : Landscope Limited Proposal : Alterations to facilitate a change of use from place of worship to gym with associated facilities (in association with 23/01453/CON) Site Address : All Saints Church Alexander Drive Douglas Isle Of Man IM1 4EB
Planning Officer: Mr Toby Cowell Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 18.03.2024 __
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 premises shall only be for the purposes of a gymnasium and for no other use falling within Use Class 4.4 of the Town and Country Planning (Use Classes) Order 2019.
Reason: Permission has been granted solely on the basis and merits of the proposed use. Any subsequent change of use of the premises within the same use class would require further assessment.
C 3. Customers will only be permitted onto the premises between the hours of 5am to 10pm Mondays to Fridays and 8am to 8pm Saturdays and Sundays.
Reason: The application has been assessed on the basis of the opening hours provided as part of the submission. Any extension to opening hours would require further assessment in the context of residential amenity considerations.
C 4. The development hereby approved shall be implemented solely in accordance with the approved floorplans, namely drwg. nos. 5C and 6C, and thereafter retained as such in perpetuity.
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Reason: The application has been assessed solely on the basis of the approved layout. Any deviation to the layout and introduction of additional activities would require further assessment in the context of residential amenity considerations.
C 5. At no time shall organised exercise and/or fitness classes be undertaken.
Reason: The application has been assessed solely on the basis that no organised exercise and/or fitness classes will occur on the premises. The introduction of such activities would require further assessment in the context of residential amenity considerations.
C 6. Prior to the commencement of the development full details of the tree protection measures for all trees to be retained shall be submitted to and approved in writing by the Department. These measures shall be set out in a detailed Arboricultural Method Statement to include the specification of the location and type of protective fencing, the timings for the erection and removal of the protective fencing, the details of any hard surfacing proposed within the root protection areas, all to be in accordance with the British Standard for Trees in Relation to Construction 5837:2012, and the monitoring of tree protection measures during construction. No works shall be carried out unless in accordance with the approved details.
Reason: To protect the visual amenity of the area and ensure the protection of Registered Trees within the site.
C 7. Prior to the occupation of the development, all external windows shall be fixed shut and thereafter remain non-opening.
Reason: To reduce noise impacts and in the interests of residential amenity.
This application has been recommended for approval for the following reason. The proposals are considered to result in the appropriate use of a vacant place of worship, which would ensure the continued use, upkeep and maintenance of a Registered Building, without detriment to its character, architectural significance, or the character and appearance of the wider Conservation Area. The proposals are further considered to not result in a demonstrable level of harm to the amenities of local residential properties, whilst providing a sufficient level of on-site parking and not resulting in a detrimental impact upon the safety and convenience of the local highway network.
The proposals therefore are deemed to comply with Strategic Policy 5, Spatial Policy 1, General Policy 2, Environment Policies 32, 33, 35 and 42, Community Policy 3 and Transport Policies 4 and 7 of the Strategic Plan (2016).
Plans/Drawings/Information;
This approval relates to the following drawings and documents referenced; 8D - proposed site plan Noise levels statement from agent Highways response from agent Attendance survey 1 Attendance survey 2 Attendance survey 3 Attendance survey 4 Received 25.01.24
3 - location plan 2B - existing site plan 4 - block plan
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1 - existing elevations 5C - proposed ground floor plan and sections 6C - proposed mezzanine floor plan and sections 7B - proposed elevations Existing site photos parts 1-4 Parking survey Planning statement Received 12.12.23
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Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status: Manx Utilities Authority
It is recommended that the following should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings: 23 Primrose Avenue, Douglas 14 Selborne Road, Douglas 16 Selborne Road, Douglas 17 Selborne Road, Douglas 2 Selborne Drive, Douglas
as they have explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.
It is further recommended that the following should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4): 10 Selborne Road, Douglas 15 Selborne Drive, Douglas 9 Westminster Terrace, Douglas
as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THIS APPLICATION HAS BEEN BROUGHT TO PLANNING COMMITTEE FOR DETERMINATION DUE TO THE NUMBER OF OBJECTIONS RECEIVED IN RELATION TO THE PROPOSALS
1.0 THE SITE 1.1 The application site represents the building and curtilage of All Saints Church, Alexander Drive, which dates from 1967 and represents one of the few examples of modernist architecture form this period on the Island. The building was further Registered in 2001 (RB188) on the basis that it represented an 'outstanding example of modern ecclesiastical design by local architect Mr C. J. Kneen.'
1.2 The site is situated on the southern site of Alexander Drive and is further bounded by Primrose Avenue and Selborne Road to the west and east respectively. A total of 21 car
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parking spaces are noted to the rear and side (west) of the building, with mature trees lining the majority of the site's perimeter. All 15 trees are also noted as being Registered for the contribution they make to the visual amenities of the immediate locality within the context of the wider Woodbourne Road Conservation Area.
1.3 Vehicular access to the site is presently off Primrose Avenue, with additional parking areas at the rear of the building access directly from a rear lane bounding the site to the immediate south. It is understood that the use of the building as a place of worship ceased in excess of 5-8 years ago, with the church having been formally closed and sold off by the Church of England.
2.0 THE PROPOSAL 2.1 Planning permission is sought for the conversion of the existing building to a gym, which would involve the following external changes:
Additional of a solar array to the roof on the rear elevation facing the rear lane.
2.2 Likewise, the following internal changes are proposed to facilitate the change of use:
The existing sanitary ware and tiling in the office, toilets and kitchen are to be replaced.
3.0 PLANNING HISTORY 3.1 Whilst the property benefits from a fairly extensive planning history, the majority of this relates to the building when used for its original purpose and is therefore not of material relevance to the current application. It is noted however that a dual Registered Building Consent application (PA 23/01453/CON) has been submitted in relation to the internal and external changes to the building to facilitate the change of use.
4.0 PLANNING POLICY 4.1 The application site is designated as buildings or land for 'civic, cultural or other use' under the Area Plan for the East 2020 (Map 5 - Douglas Central). The site also falls within the Woodbourne Road Conservation Area with a total of 15 Registered Tree present on the site. The building itself is also Registered (RB188).
4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy 2 Priority for new development to identified towns and villages 3 To respect the character of our towns and villages 5 Design and visual impact
Spatial Policy 1 Development in Douglas
General Policy
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2b,c,g General Development Considerations
Environment Policy 32 Extensions and alterations to Registered Buildings 33 Change of use of Registered Buildings 35 Development within Conservation Areas 42 Designed to respect the character and identity of the locality
Transport Policy 4 Highways safety 7 Parking
Community Policy 3 Loss of community facilities
4.3 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
5.0 REPRESENTATIONS 5.1 Douglas City Council - No objections. (04.01.24)
5.2 Highway Services - Previous Highways DC response dated 11/01/2024 requested alterations and revisions to the proposal including, further information on the trip generation and parking assessment, alteration/clarification on the parking layout to the western side of the site, and increase in bicycle parking. All matters have been addressed in this submission of additional information.
Trip generation prediction for this site was made using data collection from an existing gym in Douglas which was stated to be larger in size. This was used over TRICS data to gain a closer prediction of on-island gym usage. Highways accept the gathered data used as opposed to TRICS data. The surveys were taken over a four day period, including weekend day, and over numerous periods within the day including peak hours. Surveys provided the overall attendance within the survey period as well as peak attendance at any one point within each survey period. Average attendance per survey period for each day ranged between 15 and 19. There were seven survey periods in which peak attendance exceeded that of the proposed parking provision for this application (19 spaces). On three of these occasions the peak was 20, just one higher than provision, and another two occasions at 23. Peak attendance reached a highest point of 33.
If the survey data for the sample gym was to be used for this proposal, only one of the four survey days' peak attendance would be able to be supported by on-site provision alone. Another day would rely on only one additional on-street parking space. Two of the days would rely on more extensive on-street parking, 14 and 7 respectively. The previously submitted parking survey of the immediate surrounding streets showed that the maximum required on- street spaces could be sourced locally.
The attendance survey data provided supports the planning statement's estimation of around 25-35 peak time users, and shows that non-peak attendance could be supported by on-site provision alone. The surveyed gym is larger than that proposed, therefore it is reasonable to assume that attendance would fall slightly lower for this proposed gym. This would further reduce reliance on on-street parking provision. It should also be noted that gym attendance was surveyed, and not number of vehicle users entering/exiting the site. With both the surveyed gym and the proposed gym located within Douglas, it is likely that other modes of transport were/would be used by some gym attendees.
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Highways DC are satisfied that the applicant/agent has provided sufficient evidence of both likely gym attendance and on-street parking availability to showcase that the proposal would not lead to an unacceptable level of disruption to the local road network or residents, and would not result in road safety or highway network efficiency issues.
The submitted documents have also clarified the vehicular arrangements at the corner of Primrose Avenue and Alexander Drive. All vehicular access for the western side of the site is to be gained off Primrose Avenue only. The stacked arrangement for parking at this side is to remain which may result in some vehicles being restricted from access/egress. However, two of the rear spaces have been allocated as staff parking as these are likely to be used for long stay with gym users requiring only short stay. In addition, a parking management plan will be implemented, requiring gym members to disclose registration numbers when using a parking space. With onsite parking reserved for gym members only, this should allow quick rearrangement for vehicle egress. Whilst the stacked layout is not favourable, Highways accept that it is making most use of the available parking on-site and will reduce reliance and disruption on local roads.
Increased provision of bicycle parking has been included. These spaces are further from the stepped access to the building and would be accessible for all users.
The proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal subject to all vehicular access arrangements to accord to Drawing No. 8D. (30.01.24)
5.3 Manx Utilities Authority - The applicant is strongly advised to contact Manx Utilities with regard to the electricity service to this building as it currently has limited capacity and may require significant work to reinforce the supply.
For full assistance please contact our Network Design Department, Manx Utilities Authority, (t: 687687) or e-mail [email protected] to discuss the work required.
Please contact the Manx Utilities for Electrical Site Safety 5 documents, (t: 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6.
Manx Utilities will not accept liability for any costs incurred for this work. (03.01.24)
5.4 Registered Buildings Officer - no comments received in relation to this application however comments have been received in relation to the corresponding Registered Building Consent application, which are of material relevance. The content of their response is as follows:
This application for registered building consent seeks approval for various alterations in connection with a proposal to convert the building in to a gym.
The principal intervention proposed is the installation of a mezzanine floor across a large proportion of the main room, with changing facilities accommodated underneath this new floor. The intention is for the floor structure of these training facilities to sit above the existing finished floor, and to be fixed using non-penetrative fixings. Steel beams would be fixed between and in to the existing steel frame. Metal handrails would be fixed across two of the existing windows to provide a guarding at mezzanine floor level. A new door is proposed in the external wall at mezzanine level in the south western corner of the building, in order to provide a means of escape. An external escape stair is proposed from the flat roof area.
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The church dates from 1967, and is one of the few examples of modernist architecture on the Isle of Man. The church closed to worship on 1st May 2017, and now sits vacant. Following numerous site visits in the last two years, although the building remains structurally sound and watertight, it is clear that the currently unused status of the building is beginning to negatively impact the condition of its fabric. Whilst a new use for the building is clearly desirable, the policies in the strategic plan and PPS 1/01 are clear that any change of use should only be permitted "if the proposed use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest."
The proposals within this application would insert a mezzanine within the main room. This will undoubtedly change the ability to appreciate the full proportions, form and style of the building's principal space when standing in the main room. However, although the ground floor facilities will necessarily be comprised of a series of small rooms, from mezzanine level and from the eastern end, the main room will still be able to be appreciated as a single space and its architectural special interest will still be evident. The pod-style system proposed to be installed would also be an intervention that is entirely reversible, and with these factors in mind this element of the proposals is judged to preserve the building's special interest.
One element of the proposals that is not reversible, or at the least would have to be infilled using modern fabric, is the proposed creation of a new external door in the south western corner at mezzanine level. This door would give access to a fire escape stair from the external flat roof area. Although this would create a new opening in the external wall, the modernist style of the building (including the form of the main room, the method of construction, various surviving fixtures and the natural light provision) would be unaffected by this proposed door. With this in mind, the proposed new door, together with the exit route through the flat roof parapet wall and the escape stair, are not judged to significantly impact the building's special interest. (01.03.24)
5.5 Manx National Heritage - no response received at the time of writing.
5.6 Forestry Officer - At present, there is insufficient information to be sure of the outcome for the retained registered trees. It is assumed there will be the requirement for resurfacing within the existing hard-core parking area. This has the potential to damage the base and rooting area of the surrounding registered trees if not undertaken with provisions made for the registered trees.
The new concrete kerb edging and extension of the parking area in the south east corner of the site has the potential to cause significant damage to the rooting area of the adjacent registered sycamore tree, RT0375.
I would be happy for the issues outlined to be covered by a pre-commencement condition seeking an arboricultural methods statement detailing how trees will be protected during the entire development. Details should include how trees will be protected during any potential resurfacing, and how an aboveground solution will be utilised for the extended parking area to prevent damage to registered tree RT0375.
5.7 8 letters of representation have been received providing comments on the proposals. Full details of their content can be found online on public access, with the following only providing a general summary of their content:
Much greater impact than previous use of the building as a church which did not operate on a 7 day a week basis omitting loud noise;
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Proposals are inappropriate in a residential area.
6.0 ASSESSMENT 6.1 The site relates to a vacant church building which is understood to not have been used for its intended purpose for at least the last 5-8 years, whilst having been formally closed and sold off by the Church of England. Community Policy 3 states that development resulting in the loss of a community facility, of which a place of worship constitutes, will only be permitted where it is no longer practical or desirable to use the facility for its existing use or another use is likely to benefit the local community.
6.2 As already noted, the original use of the building as a place of worship ceased some years ago with the building having been vacant and unused since this time. Given the length of time which has passed since the original use ceased with the property having been sold off by the Church of England, it is clear that the use of the building as a place of worship is now redundant.
6.3 Likewise, it is considered reasonable to argue that the re-use of the building as a gym, and so fitness and recreational purposes, is of a benefit to the local community with respect to physical and mental health. It is further noteworthy that Open Space and Community Recommendation 1 of the Area Plan for the East supports the provision of additional sports, recreation and informal play and amenity space to encourage people to become more active.
6.4 Moreover, the existing property comprises an architecturally significant building which has been Registered on this basis. The continued vacancy of the building has the potential to result in its continued and sustained degradation, and therefore the principle of bringing the building back into a viable use weighs favourably in supporting the principle of the change of use. The site is further located in the built-up area of Central Douglas where the principle of a wider range of uses are acceptable and deemed to be sustainable.
6.5 From a visual standpoint, no concerns have been raised by the Registered Buildings Officer over the impact of the development of the character and appearance of the Conservation Area or indeed the historic and architectural qualities of the existing building. Exterior changes to the existing building are minimal, and as such would not materially affect its character and appearance, or indeed its relationship and interaction with the immediate streetscene. Matters relating to internal changes are subject to the corresponding Registered Buildings Consent application.
6.6 Nevertheless, strong concerns have been raised from local residents, and principally over potential noise impacts associated with the change of use together with parking and highway safety concerns.
6.7 Turning to the issue of noise, it is recognised that the site sits within a predominantly residential area and therefore significantly increased levels of noise and loud music which could be associated with the change of use have the potential to result in a harmful impact upon the amenities of residential properties. Such matters have however been considered in the planning statement accompanying the submission, and in particular the notion that the gym would not operate any exercise classes and therefore the need for loud music to be used in tandem with such classes would not be apparent. Likewise, the absence of such classes would avoid a proliferation or customers arriving at the site at certain times, with the gym likely to witness a steadier stream of customers throughout the day to make use of the site's facilities, combined with a likely uptick in customers at morning, lunch and evening peak times.
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6.8 To ensure that the premises would not facilitate formal fitness/exercise classes, the floorplan layout of the gym as proposed can be suitably conditioned to ensure that no deviations from the layout can occur. Likewise, the prevention of formal fitness/exercise classes being undertaken at the premises can be further ensured through a suitably worded planning condition, together with further control over the opening hours of the gym.
6.9 In response to comments received in relation to noise, the agent has noted that the proposed installation of an air management system would allow for windows to remain closed and sealed, whilst the double door entrance would further reduce or eliminate external noise. Such matters can be suitably conditioned.
6.10 Turning to highway safety and parking considerations, it is noted that Highway Services have raised no objections to the proposals on the basis of parking survey data provided for a larger gym in Douglas, with the level of on-site parking to be provided deemed to be sufficient to cater for the number of customers likely to visit the facility at any one time; including peak times. Therefore, on the basis of the assessment undertaken by Highway Services and subject to all access and parking arrangements being undertaken as per the submitted information, it is not considered that the proposals would give rise to a demonstrable level of harm with respect to highway safety or parking stress within the locality. Concerns relating to potential for illegal parking within the locality are noted. However, if such instances were to occur, this would be subject to enforcement under the Highways Act 1986 and therefore fall outside of the remit of planning.
6.11 With respect to arboricultural matters, it is recognised that a small portion of an existing grassed in the eastern portion of the site is to be lost to accommodate an additional parking space. This has the potential to encroach upon the root protection area of a Registered Tree ((RT0375), whilst any potential resurfacing of existing hardstanding within the site further has the potential to impact upon the health of additional trees within the remainder of the site. On this basis, it is considered necessary that an Arboricultural Method Statement is provided by way of condition prior to the commencement of development for review, which would need to detail how construction methods would not impair the health of existing trees within the site.
7.0 CONCLUSION 7.1 The proposals are considered to result in the appropriate use of a vacant place of worship, which would ensure the continued use, upkeep and maintenance of a Registered Building, without detriment to its character, architectural significance, or the character and appearance of the wider Conservation Area. The proposals are further considered to not result in a demonstrable level of harm to the amenities of local residential properties, whilst providing a sufficient level of on-site parking and not resulting in a detrimental impact upon the safety and convenience of the local highway network.
7.2 The proposals therefore are deemed to comply with Strategic Policy 5, Spatial Policy 1, General Policy 2, Environment Policies 32, 33, 35 and 42, Community Policy 3 and Transport Policies 4 and 7 of the Strategic Plan (2016). The application is therefore recommended for approval.
8.0 INTERESTED PERSON STATUS 8.1 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;
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(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.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status __
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:...25.03.2024
Signed :...T COWELL... 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
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