Officer Report

Application No.: 15/00265/B Applicant: Mr Peter Halpin Proposal: Conversion of loft / storage space to an exercise area for combined use by the childrens nursery and ladies gym Site Address: Diamond House Demesne Road Douglas Isle of Man IM1 3DS Case Officer : Miss Melissa McKnight Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of Diamond House, a two storey end unit sited on the south western side of Demesne Road in Douglas. - 1.2 The application site building is prominent within the street scene given its siting. The building appears as an industrial unit and attached to the south west elevation is a disused garage. - 1.3 The immediate surrounding area has a mix of uses including car sales and workshop units, offices, retail, education, health care and residential. The application site building is prominent within the street scene given its siting. The building has an appearance of an industrial unit. Within the application building are a gymnasium, newsagent and a children's nursery.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the conversion of the existing first floor loft/storage to an exercise area for combined use by the children's nursery and gymnasium. - 2.2 The first floor sits above the existing nursery and adjoins two existing dance studios. The area would be accessed from a staircase from the nursery and from a hallway between the two dance studios on the first floor. - 2.3 The converted loft/storage area would be used by the children to have free play, with outdoor type cars including ride on cars, trucks and bikes during the day time between the hours of 08.00 and 18.00. The converted space will then be used for dance/exercise classes in the evening as the need arises. The area would be managed and controlled by both the gym and nursery.

3.0 PLANNING HISTORY - 3.1 The application site has been the subject of twenty five previous planning applications, seven of which were granted planning approval and are considered materially relevant to the

• assessment of this current planning application given the nature of development proposed: PA 14/01227/B: Conversion of ground floor into a children's nursery (retrospective). Condition
• 2 of this approval ensured that the maximum number of children attending the building at any one time shall not exceed thirty two. This condition was added in the interest of the amenity of the surrounding area along with highway safety and parking and to safeguard the welfare of children.

PA 13/00633/B: Conversion of vacant warehouse / workshop to provide gymnasium to ground floor and a childcare facility to first floor with associated parking provision.

PA 13/00017/C: Change of use of part of existing therapy room facilities to provide creche for use by members during their visit to the gym.

PA 12/01173/B: Enclosure of area under existing canopy to front of shop area to create a coffee lounge.

PA 12/00899/B: Alteration and conversion of redundant storage area to a gymnasium to be used in conjunction with existing health/beauty facility (Amendment to PA 11/01148/B).

PA 11/01148/B: Alteration and conversion of redundant storage area to a gymnasium to be used in conjunction with existing health/beauty facility.

PA 10/01307/B: Conversion of existing ground floor office and first floor store to a hairdresser's salon with treatment and therapy rooms.

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is an area of Predominantly Residential under the Douglas Local Plan Order 1998 Map No. 1 (Central Area). There are no policies within the local plan considered specifically material to the assessment of this planning application. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application.

General Policy 2 states: "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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (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;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local

• highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council has no objection to the current planning application (27/03/2015). - 5.2 The Department of Infrastructure Highway Services do not oppose the current planning application (30/03/2015).

6.0 ASSESSMENT - 6.1 The principle of a children's' nursery and expansion of the existing gym within this part of the application building has previously been approved. What is proposed under this scheme would basically be implementing what was proposed under PA 13/00633/B albeit both the nursery is now on the ground floor and both the gym and nursery would have access to the first floor. - 6.2 It is considered that the conversion of the loft/storage area for use by the nursery and gym would not undermine the amenity of adjacent offices and users of the locality. The number of children attending the nursery is not intended to increase as the ground floor nursery, approved under PA 14/01227/B, is the primary nursery space. To ensure this, should the planning application be approved it would be necessary to add a condition controlling the maximum number of children allowed within the nursery at any one time to thirty two as was the case with PA 14/01227/B. - 6.3 It is considered that the expansion would not generate significantly increased coming and goings. Should any additional coming and goings be generated, then these are likely to be from people using the gym of an evening in the event that additional exercise classes are held when the nursery is closed.

7.0 CONCLUSIONS - 7.1 As already mentioned, the principle of a crèche, children's nursery and gym extension has already been approved within this building. The conversion would make use of a current empty space in an established building and allow a local business to grow and expand.

8.0 RECOMMENDATION - 8.1 For the reasons set out above, the planning application is deemed acceptable and concluded to accord with the provisions set out in General Policy 2 and as such is recommended for approval.

9.0 PARTY STATUS - 9.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure) (No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the

application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits.

Recommendation Recommended Decision: Permitted Date of Recommendation:

09.04.2015

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 approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The maximum number of children attending the building at any one time shall not exceed thirty two.

Reason: In the interests of the amenity of the surrounding area along with highway safety and parking and to safeguard the welfare of children.

This approval relates to DWG No.: PTA - 172 - 01, PTA - 172 - 10, PTA - 172 - 11 and PTA 172 - 12 all date stamped as received 9th March 2015.

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

Decision Made : Permitted Date : 10.04.2015 Determining officer (delete as appropriate) Signed :…………………………………….. Signed :……………………………………..

Chris Balmer Senior Planning Officer Sarah Corlett Senior Planning Officer Signed : Michael Gallagher Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management