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21/00008/C Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 21/00008/C Applicant : Mr Joseph Kane Proposal Change of use of industrial unit to gym facilities Site Address 14 Hills Meadow Industrial Estate Douglas Isle Of Man IM1 5EA
Case Officer :
Mr Peiran Shen Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 20.04.2021
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. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 the unit may be only used as a gym and not for any other purpose within Class 4.4 of the Schedule.
Reason: Although the specific details of this application have been found acceptable, any change to its operation will require fresh assessment.
C 3. The area of the building to be used for the gym shall be limited to only of that shown on the floor plan.
Reason: Although the specific details of this application have been found acceptable, any change to its operation will require fresh assessment.
C 4. The use hereby approved shall only be undertaken between Monday to Friday for 6:00- 8:00, 12:00-14:00 and 18:00-20:00 and Saturday 8:00-10:00. The use shall not be undertaken at any time on Sundays or Public Holidays.
Reason: To ensure that the development is undertaken in accordance with the application details and in the interest of protecting neighbouring operating conditions.
C 5. There must be no more than eight occupiers (customers and staff combined) using the gym at any one time.
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Reason: In the interest of highway safety and neighbouring amenity.
C 6. The parking area shown on the approved plan shall be kept available and unobstructed for parking at all times.
Reason: To ensure construction of a satisfactory access and in the interests of highway safety.
This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2 and Transport Policy 7 of the Strategic Plan.
Plans/Drawings/Information;
This approval relates to the submitted documents, location plan, floor plan, and covering letter as having been received on 2nd February 2021. __
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should not be given Interested Person Status on the basis that although they have made written submissions these do not relate to planning considerations:
DoI Flood Risk Management Division
It is recommended that the owners/occupiers of the following properties 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 and are not mentioned in Article 6(4) (or 4(2)):
13 Hills Meadow Industrial Estate
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT IS RECOMMENDED FOR APPROVAL BUT CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN.
1.0 THE SITE 1.1 The application site is the industrial curtilage of 14 Hills Meadow Industrial Estate, Douglas, a single-storey industrial unit located on the south of Peel Road and north of River Glass. The unit is part of a terrace of single-storey industrial units. The terrace is located in the middle but to the most south part of the industrial estate. The building is currently vacant. The front of the site can accommodate 2 cars.
2.0 THE PROPOSAL 2.1 The proposed work is the change of use of the existing industrial use (Class 2.2) to a group training gym (Class 4.4). The proposed work include the erection of a mezzanine with a room used as office.
2.2 The applicant states that the gym is purposed to operate weekdays for 6:00-8:00, 12:00-14:00 and 18:00-20:00pm and Saturday 8:00-10:00. The applicant states that it will be
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used for pre-registered classes with up to 6 members. A potential of one or two numbers could to be hired in the future to facilitate the proposed hours. The applicant also states the maximum number of people using the site at any one time would be no larger than eight.
3.0 PLANNING HISTORY 3.1 There is no previous application considered materially relevant to this application.
4.0 PLANNING POLICY 4.1 In terms of local policy, the site lies within an area designated as Mixed Use Area (Riverside Gateway 8 (b)) in the Area Plan for the East. The written statement states that "There will be continued support for existing uses in the short-medium term. Consideration will be given to the comprehensive re-development of the area for leisure, retail warehouse (bulky goods) uses. Any redevelopment would be subject to master-planning and would include a flood-risk assessment, pedestrian and cycle links and environmental enhancement alongside the River Glass and a highway impact assessment. Residential and office uses may be appropriate on upper floors. Comparison goods retailing will not generally be supported."
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
4.3 General Policy 2: "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: (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; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;".
4.4 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
5.0 REPRESENTATION 5.1 Douglas Borough Council has no objection on this application (12/02/2021).
5.2 DoI Highway Services initially objected to this application (14/04/2021). The comment states that the proposal would increase the need for parking space according to the parking standard. It also does lack information regarding on and off-street parking capacity and cycling parking provision.
5.3 DoI Highway Services no longer has objection on this application (14/04/2021), after the applicant provided additional information. The comment states that sufficient parking space has been provide by off-street rented spaces from adjacent sites along with disc zone parking along the southern boundary of the estate. The comment also states that given the small nature of the business, significant overspill is unlikely. As it is limited to 6 customers at any one time, the proposal raises no significant road safety or highway network efficiency issues. The provision of 4 cycling parking space is also welcomed.
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5.4 DoI Flood Risk Management Division states there is no flood risk management interest in this application (12/03/2021).
5.5 Manx Utilities originally requested the application be deferred but confirmed on 20.04.21 that they had no comments.
5.6 The occupier of 13 Hill Meadow comment raising concern regarding parking provision, noise level, and traffic safety for potential users.
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of the planning application are the principle of the change of use and the potential impacts of the proposal on the wider amenity.
THE PRINCIPLE OF OPERATING A BUSINESS FROM THE SITE 6.3 The use class for a personal training service is considered as assembly and leisure (Class 4.4). Although the proposal is only pre-booked group training, the use is for people to exercise and it should be considered as a gym regardless of its size.
6.4 The site is within an area designated as mixed use. However, the written statement states that in short term, existing use should be supported. As such, the proposal could be seen as contrary to the land use designation. Hence it is being submitted to the planning committee.
6.5 It should be noted that although the site is not within a town centre or commercial area, the impact of the proposed change of use is often run with an appointment-based system and it's unlikely to draw away trade from the town or village centre by a materially harmful level.
THE POTENTIAL IMPACTS UPON NEIGHBOURING AMENITIES 6.6 The main concerns for this application relate to the impact upon on-street parking provisions. The supporting information with the application indicates that the business is to operate weekdays for 6:00-8:00, 12:00-14:00 and 18:00-20:00pm and Saturday 8:00-10:00.
6.7 There could be concerns about the additional traffic and the parking available on site. The road serving this unit is extremely short of parking during work hours. However, as the proposed operation hours is either outside normal working hours (9:00-17:00) or during normal lunchbreaks, when more spaces are available. It is considered that the development would not cause more strain on parking provision. It is noted that DOI Highways has not objected. Whilst the traffic relates to the property is likely to increase above the existing, the additional traffic will not be significantly higher compare to the surrounding industrial use.
6.8 Since the neighbouring properties are an industrial units, and with only up to eight occupiers at a time, it is considered unlikely to have a significant impact on the neighbouring properties.
6.9 On balance, the proposal is considered to have provided with sufficient parking and thus not expected to result in any adverse highway safety impacts on the area. However, it is considered necessary to include a condition ensuring that the driveway is made available and unobstructed for the parking of vehicles at all times.
7.0 CONCLUSION 7.1 The proposal is considered to comply with General Policy 2 and Transport Policy 7 of the Strategic Plan. Therefore, it is 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:
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(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; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land which 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 can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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: 26.04.2021
Signed : P SHEN 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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 26.04.2021
Application No. : 21/00008/C Applicant : Mr Joseph Kane Proposal : Change of use of industrial unit to gym facilities Site Address : 14 Hills Meadow Industrial Estate Douglas Isle Of Man IM1 5EA
Planning Officer : Mr Peiran Shen
Presenting Officer As above
Addendum to the Officer’s Report
Planning Committee approved the application with a modification of condition 3 to:
The area of the building to be used for the gym shall be limited to only of that shown on the floor plans as having been received on the 29th March 2021.
Reason: Although the specific details of this application have been found acceptable, any change to its operation will require fresh assessment.
Reason of modification: To specify the plans being approved.
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