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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 21/00043/C Applicant : Dentim Ltd Proposal : Change of use to a dental practice Site Address : Shop 7 Clinches Court Douglas Isle Of Man IM1 4LH

Planning Officer: Mr Peiran Shen Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 10.03.2021 __

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.

This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2, Environment Policy 35 and Transport Policy 7 of the Strategic Plan.

Plans/Drawings/Information; This approval relates to the submitted documents, site plan, location plan, existing and proposed floor plan date-stamped as having been received on 4th January 2021. __

Interested Person Status - Additional Persons

It is recommended that the owners/occupiers of the following properties 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 4(2):

Owner/Occupier of 62 Spectrum Apartments, Douglas

as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy __

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Officer’s Report

1.0 THE SITE 1.1 The application site is the curtilage of Unit 7, Clinches Court, Douglas, a two-storey terrace located on the north of Clinches Court.

2.0 THE PROPOSAL 2.1 The proposed work is the change of use of the building from shop (use class 1.1) to a dental practice (use class 1.2). The site will be used as an extension for Unit 10.

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 (Quay Side) in the Area Plan for the East. The written statement states there will be a presumption in favour of food and drink and other leisure-type uses on North Quay. The site is within the North Quay Conservation Area.

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 Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4."

4.5 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."

4.6 National Flood Risk Maps published by the Department of Infrastructure shows the site is within an area under high risk for tidal flooding. The north and west boundary of the site is within an area under high risk for river and tidal flooding. And the north boundary of the site is also under high likelihood of surface water flood.

4.4 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special

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

4.8 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

4.9 Appendix 7.6 states that for neighbourhood shops space for staff, customers and service vehicles will be required. For assembly and leisure site, there should be 1 space per 15 square metres gross floor space.

5.0 REPRESENTATION 5.1 Douglas Borough Council has no objection on this application (28/01/2021).

5.2 DoI Highway Services do not oppose this application (02/02/2021). The comment states there is no significant negative impact upon highway safety, network efficiency and/or parking. Highway Services also recommends that bicycle parking should be provide if spaces allows.

5.4 DoI Flood Risk Management Division states there is no flood risk management interest in this application.

5.3 62 Spectrum Apartments wrote in objection to this application (31/01/2021). The comments states that the site is too small as a dental practice and the constricted space within will likely lead to it failing many health and safety requirements, especially regarding decontamination procedure, clinical waste treatment and radiation pollution.

5.4 The applicant wrote in addressing the comment in 5.3 and states that most concerns raised by the objector has existing solution within Unit 9-10 of the existing practice.

6.0 ASSESSMENT 6.1 The main concerns for this application are its impact on the character and landscape of the Conservation Area and its impact on the amenities of the neighbours.

6.2 The site is within town centre. The dental practice is only an extension to the existing. It is considered that the impact it has will not be greater than the existing practice and is therefore acceptable.

6.3 The site is susceptible to flooding but the change of use does not increase the damage it can suffer or cause by flooding. Therefore, it is considered acceptable in terms of flood risk management.

6.4 Concern has been raised regarding the health and safety aspect of the proposal. However, these are not regulated by planning and is therefore not a planning concern.

7.0 CONCLUSION 7.1 The proposal is considered to comply with General Policy 2, Environment Policy 35 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: (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;

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(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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted

Date: 10.03.2021

Determining officer

Signed : S CORLETT Sarah Corlett

Principal Planner

Customer note

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