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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/01343/C Applicant : Mr Roger Davies Proposal : Change of use of garage to a gym business Site Address : Garage Adjacent To 4 Windsor Terrace Douglas Isle Of Man IM1 3LU
Planning Officer: Mr Peiran Shen Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 25.01.2022 __
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 hereby approved shall only be undertaken between 08:00 and 16:30 from Monday to Friday. The use shall not be undertaken at any time on Saturdays, Sundays and Public Holidays.
Reason: To ensure that the development is undertaken in accordance with the application details and in the interest of protecting neighbouring living conditions.
C 3. There must be no more than one customer/client using the gym at any one time.
Reason: In the interest of highway safety and residential amenity.
C 4. The area of the building to be used for personal training service shall be limited to that shown on the floor plans forming part of the application and the use hereby permitted shall not extend into any other part of the premises.
Reason: To minimise the disturbance to adjacent residential occupiers and to protect the residential character of the locality.
C 5. The use hereby approved shall only be for the benefit of the applicant while they are resident at 2 Windsor Terrace, Douglas and no staff may be employed and/or work at the premises.
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Reason: Although the specific details of this application have been found acceptable, any change to its operation will require fresh assessment.
C 6. The driveway and access shall be kept available and unobstructed for parking at all times.
Reason: To ensure a satisfactory access and in the interests of highway safety.
This application has been recommended for approval for the following reason. The proposed gym would only be used by one operator and one customer at any session and the impact on the neighbouring amenities is not considered to be greater than the applicant using the space by himself. In addition, the parking standard has been relaxed due to its location and proximity to public transport.
Plans/Drawings/Information; This approval relates to the documents, planning statement, operation statement, location plan and floor plan date stamped as having been received on 29th October 2021 and the letter from applicant date stamped as having been received on 6th December 2021. __
Interested Person Status - Additional Persons
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 4(2):
Owners/Occupiers of 4 Windsor Terrace, Douglas Owners/Occupiers of 5 Windsor Terrace, Douglas Owners/Occupiers of 6 Windsor Terrace, Douglas
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.
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):
Owners/Occupiers of 1 Windsor 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 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 site is the curtilage of garage adjacent to 4 Windsor Terrace, Douglas, a single- storey flat roof garage located on the west of Windsor Terrace. The ownership of the garage is linked to 2 Windsor Terrace.
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1.2 The garage currently can park two cars in tandem, one in the garage and one on the driveway. The area of the garage is approx. 21 square metres.
2.0 THE PROPOSAL 2.1 The proposed is the change of use from a garage (Use Class 3.3 as it is currently for the enjoyment of 2 Windsor Terrace) to a gym (Use Class 4.4).
2.2 The applicant states that the gym is proposed to operate 8:00-16:30 on Monday to Friday. The sessions would be 1-to-1 only as the applicant is the sole person working in the gym.
3.0 Planning History 3.1 Erection of garage with external hardstanding to front was APPROVED under PA 16/00919/B. Condition 2 states that: "The garage hereby approved shall at all times be used only for domestic storage including car parking, associated with No. 2 Windsor Terrace and/or purposes ancillary to the residential use of the main dwelling No. 2 Windsor Terrace and may not be used for commercial purposes." The reason is to "ensure that the garage is not used for purposes which could adversely affect the use of the adjacent garaging and parking area and to protect the amenity of the area in general."
4.0 Planning Policy Site Specific 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East.
4.2 The site is within the Windsor Road Conservation Area.
Strategic Policy 4.3 In terms of strategic 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:
Principles of Developments 4.4 Strategic Policy 2 and Spatial Policy 3 echoes each other, stating that new development should be located primarily within existing defined settlements or sustainable urban extensions.
4.5 General Policy 2, which provides an overall requirement for all development, 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:
(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (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; (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."
Visual Design 4.6 Environment Policy 35 states:
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"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 features contributing to the character and quality are protected against inappropriate development."
Business 4.7 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."
Parking 4.8 Transport Policy 7 states: "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 residential terraces, there should be "2 spaces per unit, if not within curtilage then located as close to units as possible without compromising residential amenity. Parking spaces should not be provided in front of the dwellings where this would result in a poor outlook for residents and would detract from the amenity of the area."
4.10 For Assembly and leisure use, there should be one space for every 15 square metres of gross floor space.
Others 4.11 Community Policy 7, 10 and 11 state that the design of new development must, as far as is reasonable and practicable, pay due regards to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes."
4.12 Infrastructure Policy 5 particularly states that "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources."
PPS and NPD 4.13 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area.
4.14 POLICY CA/1 Identification of the Special Character states that "It is the quality and interest of areas, rather than that of individual buildings which should be the prime consideration in identifying conservation areas." It also lists some features that are likely to make a major contribution to the overall interest of an area.
5.0 OTHER MATERIAL CONSIDERATIONS Legislation 5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".
Strategy and Guidance 5.2 There is no relevant strategy or guidance that directly applies to this application.
Other Material Considerations 5.3 There is no other material consideration considered relevant to this application.
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6.0 REPRESENTATION This section provides a summary of all representations received. Full details are available on the government website.
6.1 Douglas Borough Council has no objection to this application (19.11.2021).
6.2 DoI Highway Services does not oppose this application (19.11.2021). The comment states that there is no significant negative impact upon highway safety, network functionality and/or parking.
6.3 The owners/occupiers of No. 1, 4, 5 and 6 Windsor Terrace have written in to object this application (22.11.2021 - 25.11.2021). The representations which include material planning considerations can be summarised (in no particular order) as the following: o contrary to condition 2 of the approved PA 16/00698/B; o does not maintain the amenity or character of the Conservation Area; o too much increase to on-street parking demand o inadequate off-street parking provision; o noise, including loud music, from the gym sessions and travelling of the customers; o lack of amenities for the proposal; o disturbance of the peace o setting precedent; and o appeal related to other applications close to the site.
6.4 The points made from the above representations which would not be a material consideration in planning terms can be summarised (in no particular order) as the following: o breaching of an existing planning approval; o creeping commercialisation/commercial encroachment; while not a material planning consideration the impacts of such a development would be and are considered below the assessment; o enforcement action taken to the site; o conditions set for other planning approvals; and o appeal related action for a previous application on the site.
6.5 The applicant wrote in response to the comments received (06.12.2021). The arguments that relate to material considerations can be summarised as the following: o Session will be 1-to-1 instead of 1-to 2; o parking shortage is unlikely as there will only be one customer at a time; o no music louder than speaking volume would be played; o the garage door would be closed during all sessions to reduce the noise; o there are no changes to the appearance of the garage, meaning there is no impact on the character or appearance of the area.
6.6 The owners/occupiers of No. 5 and 6 wrote in further objection after the response from the application (07.12.2021 - 08.12.2021). There is no additional material consideration raised but they do reiterate the ones from the previous objections. Their arguments also relate to concern about a breach of health and safety regulations.
7.0 ASSESSMENT Conservation Area Statutory Test 7.1 There is no external alteration to the property. Therefore, there is no impact on the character or appearance of the conservation area. Therefore, it is considered that the proposal would preserve the character of the Conservation Area and pass the test.
7.2 TCPA states that Conservation Areas are designated for special architectural or historic interest. It is reasonable to deduce that this means the focus of a Conservation Area is on the appearance and physical existence of architecture. This being said, Policy CA/1 of PPS 1/01
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does include "a particular mix or variety of uses" as a key feature of a Conservation area. However, the area around the proposed site are designed as "Predominantly Residential" and the existing use are majority residential. Therefore, it is considered that the land use of the site and its surroundings is not a character of the Conservation Area.
Elements of Assessment 7.3 The key considerations in the determination of the application are the principle of development, its impact on the character and appearance of the conservation area, on parking provision and on the amenities of the neighbours.
Principle of the Development 7.4 When looking at the principle of the additional use it should be acknowledged that permission has been approved and refused for the operation of businesses from a residential property, throughout the Island.
7.5 The use class for a personal training service is considered as assembly and leisure (Class 4.4). Although the proposal is only one-to-one training, the use is for people to exercise and it should be considered as a gym regardless of its size.
7.6 The site is within an area designated as Predominantly Residential (predominantly Class 3.3). As such, the proposal could be seen as contrary to the land use designation. Hence it is being submitted to the planning committee.
7.7 Condition 2 of PA 16/00919/B has specially excluded commercial use for the garage. The reason for this condition was not only to protect neighbouring amenities but also to clarify the scope of the approval.
7.8 The application was for a domestic garage, the information was provided accordingly and the assessment was conducted for such use. In other words, there was no mention of commercial use so commercial use was not assessed. Commercial uses may be argued to potentially have a greater impact on neighbouring amenities in nature. Therefore, the condition was also meant as a message to the applicant that any change of use should go through the planning system, which is the purpose of this application.
7.9 It should be noted that the site is within a town centre, albeit within a predominantly residential area. The proposal is of small scale in size and in running an appointment-based system. Therefore, if the impact is considered acceptable after the full assessment, the proposal would not change the predominantly residential land use of the area and is considered principally acceptable.
7.10 As mentioned in 7.7-7.9, the same reason and argument can be made for the use limit condition attached to other garages on the same road.
Character and Appearance of the Conservation Area 7.10 As mentioned in 7.1, there is no change to the external elevations. Therefore, the proposal has no impact on the character and appearance of the Conservation Area.
Parking Provision 7.11 According to TP7, 2 Windsor Terrace would require two parking spaces and the proposed gym would require one to two parking spaces. As the owner of the dwelling is also the sole operator of the gym, it is considered that there should be three parking spaces for the dwelling and gym together.
7.12 The proposed gym removes one parking space. This means there is only one off-street parking space after the proposal. As there is a two-space shortage, it is considered that the proposal fails to meet the parking standard and would increase the demand for on-street
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parking within the vicinity. However, given its town centre location, and the close access to public transport, which is a reason to relax parking standard according to Appendix 7.6 of the Strategic Plan. Since there is no objection from highway, it is considered that the parking provision is acceptable.
Neighbouring Amenities 7.13 The proposal is for 1-to-1 training sessions. It is believed that two people working out together would not generate more noise than the applicant using the garage as a gym for himself, which is ancillary to the use of the dwelling and not controlled by planning. Therefore, the potential noise and disturbance created is not enough reason to recommend a refusal.
7.14 The proposal would attract more traffic to Windsor Terrace from the travelling of clients, which would be one or two cars per hour during opening times. It is considered that the increase would not create an unreasonable level of noise than that of someone who has frequent visitors and is considered acceptable.
Other Material Planning Considerations 7.15 The gym is only for two people at any given time (one operator and one customer). It is considered that the proposal is too small for the lack of any amenities to have a material impact on the area.
7.16 Each application is considered within its own merit. In this case, it will be regardless of how close other proposals would be if this application was to be approved. There is no "precedent" unless one proposal has all the identical elements of another, including the exact location of a proposal.
7.17 Although the proposal is considered principally acceptable, this does not mean all commercial use is acceptable within the area. The assessment is conducted for the use of a 1- to-1 personal training gym. Any commercial proposal within the area will have its impact assessed along with the impact created with the application. Since at that time, the impact of this application would be considered a part of the site conditions.
Non-material Planning Considerations 7.18 The planning breach that took place on the site and the enforcement action followed cannot be used as a reason for refusal as it is not to do with the impact of the proposal on its surroundings. The impact of the usage, however, has been assessed in this application as it is similar to the current proposal.
7.19 Applicants action or inaction toward the decision of and the conditions set for the previous planning approval is not related to planning as planning is about places and their interaction.
7.20 Health and Safety Regulations are outside of the responsibility of the planning officer and cannot be considered by themselves in a planning application. However, this does not mean any planning decision would override such a requirement.
Planning Balance Assessment 7.21 The proposed use has similar impacts to the use of the garage as the gym by the applicant alone and a house with frequent visitors, both events are considered domestic and would not require planning approval. Although there is a reduction in parking, there is no evidence of parking shortage. Therefore, the proposal is considered to be acceptable.
7.22 As the assessment is conducted according to the operation details provided by the applicant. These details will be conditioned to ensure the impact on neighbouring amenities is minimised.
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8.0 CONCLUSION 8.1 The proposed gym would only be used by one operator and one customer at any session and the impact on the neighbouring amenities would be no more than the applicant use the space by himself. In addition, the parking standard has been relaxed due to its proximity to public transport. Therefore, it is recommended for an approval.
9.0 INTEREST PERSON STATUS 9.1 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; (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.
9.2 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: 02.02.2022
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
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