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21/01565/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/01565/B Applicant : Black (Isle Of Man) Limited Proposal : Conversion of offices to create a fitness and wellbeing centre Site Address : Former B C S House Peel Road Braddan Douglas Isle Of Man IM4 4LE
Enforcement/Planning Assistant: Ms Charlotte Gatt Photo Taken :
Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 03.03.2022 __
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 parking and accesses as shown on drawing No. 101, titled: Proposed Site Plan, recorded as being electronically received by the Department on 31st December 2021, shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety and in accordance with General Policy 2 of the Isle of Man Strategic Plan.
C 3. Prior to the commencement of development a scheme for the soft landscaping of the road frontage shall be submitted to an approved in writing by the Department. The scheme shall take account of the three trees in the current landscaping strip, including their removal and/or replacement if necessary/appropriate. All proposals shall be carried out in accordance with the approved planting scheme. Any planting which, within a period of 5 years from the completion of the development, in the opinion of the Department is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted.
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Reason: To ensure the implementation and management of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area.
This application has been recommended for approval for the following reason. The proposal would make good use of an existing unoccupied building in accordance with the Strategic Aims and Strategic Policy 1. It is also considered that there are sufficient provisions for access and parking and that the proposed use will not have an adverse impact on the operation of any other uses in the estate. The application will provide facilities which are generally encouraged in the Strategic Plan and the proposal is therefore supported.
Plans/Drawings/Information;
This decision hereby approved relates to drawings numbered and titled; 3091-001 - Location Plan, 101 - Proposed Site Plan, 02 - Existing Layout and Elevations, (2) 10 - Scheme Proposals Plans and Elevations, all recorded as being electronically received by the Department on 31.12.2021
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Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSED USE IS CONTRARY TO THE LAND USE DESIGNATION IN THE AREA PLAN FOR THE EAST AND IS RECOMMENDED FOR APPROVAL.
1.0 THE SITE 1.1 The application site is the curtilage of BCS House, situated between Braddan Church and the Snugborough Trading Estate. The site has a frontage to Main Road, Union Mills, with its existing vehicular entrance situated towards the southern end. This two storey flat roofed building which is finished in painted spar dash render with contrasting colours for various sections of the elevation currently serves as an office building within the site.
1.2 The site is part of a broader site area marked in blue which is presently utilised as a builder's yard with general building materials stored in the open and site protection fencing.
1.3 To the north east of the site is the River Dhoo with a band of mature trees following the river on each side of the banks. The nearest residential properties are located to the south of the application site (Ballafletcher Cottage) and to the North east of the River Dhoo of; River Vale and River Walk and the public right of way No.360 / Heritage Trail.
1.4 Vehicular access into the site is via an access shared with the industrial land to the rear and below the application site.
2.0 THE PROPOSAL 2.1 Planning approval is sought for the conversion of the current use of the building as commercial offices (Class 2.1) to a fitness and wellbeing centre, which is considered to be sui generis.
2.2 The planning statement details the current business with a description of the services that are offered of which would be relocating into this on single unit.
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2.3 The works would involve:
2.3.1 Internal alterations - some walls would be removed in order to create larger areas for use as a gym work out studio and therapy suite. The reception would remain in the same position at ground floor level, but alterations would be made to incorporate immediate access to the WC and an additional unisex accessible WC.
2.3.2 The alterations would also see suitable changing areas and toilets, as well as areas for lockers, vending machines, storage and a private treatment suite.
2.3.3 Externally there is the provision for 18 parking spaces, including a disabled parking bay located adjacent to a new ramped access.
2.3.4 To the rear of the property an Armco barrier is to be installed for protection for the parking vehicles and safety between the variations of levels on the site.
2.3.5 There is also the provision for cycle store rails to be installed to the rear of the property for the storage of bikes.
3.0 PLANNING POLICY 3.1 In terms of local plan policy this site is designated as Industrial on the Area Plan for the East 2020 Map 8 (Strang). Part of the site is considered to have low likelihood of surface water flooding as indicated on the Isle of Man Indicative Flood Maps and the site is not within a Conservation Area.
3.2 The proposed use of the building as both a fitness centre and wellbeing/therapy centre is considered to be sui generis, that is, not falling within any of the Departments use classes.
3.3 As such, there is no policy guidance on the conversion of modern buildings and it is therefore considered relevant to consider whether the existing use is redundant and whether the proposed use is acceptable, taking into account other Strategic Plan policies (below) and any impact on the surrounding area. In this respect, the Strategic Plan urges that development should make the best use of resources through the optimisation of the use of previously- developed land, redundant buildings and unused and under-used land and buildings (Strategic Policy 1 - SP1). It also requires that development is primarily within our towns, villages and settlements (Strategic Policy 2 - SP2) and new development should be located and designed such as to promoted an integrated transport network and to minimise journeys by private car, make the best use of public transport, not adversely affect highway safety for all users and encourage pedestrian movement (Strategic Policy 10 - SP10).
3.4 General Policy 2 (GP2) applies to development which is in accordance with the land-use zoning and with other policies of this Strategic Plan; such development will normally be permitted, provided that it:-
(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;
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3.5 Business Policy 1 (BP1) states that 'the growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan'.
3.6 Business Policy 5 states that 'On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution' and it makes particular reference to retailing.
3.7 Environment Policy 22 (in part) Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: ...iii) vibration, odour, noise or light pollution.
3.7.1 Paragraph 7.17.2:
In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lighting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate the person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.
3.8 Adequate car parking must be provided in accordance with Transport Policy 7 and the road network serving the site must be capable of accommodating the traffic associated with the proposed development (Transport Policy 4).
4.0 PLANNING HISTORY 4.1 The application site has been the subject of a number of previous planning applications of which some could be considered to be particularly relevant in the determination of the current application.
4.2 There is an application currently with the Department; 21/01568/D for the installation of illuminated signage, which runs concurrently with this application.
4.3 In 2021 planning application 20/01471/B for the installation of cladding and external lighting was approved.
4.4 In 2020 planning approval was granted for the erection of 17 general industrial units with associated parking and drainage, and alterations to vehicular access under 19/01448/B.
4.5 13/00386/B - Erection of seventeen general industrial units with associated external works including storm and foul drainage systems, to include modifications to site entrance off Peel Road - approved at appeal 16.12.2013.
5.0 REPRESENTATIONS
Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division have commented:
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"After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. Car and bicycle parking are to be provided within the site layout approved and commenced under PA 19/01448/B. Electric vehicle charging points should be considered" and confirm that they 'Do not oppose' in the letter dated 20th January 2022.
5.2 Braddan Commissioners have indicated that they have no objection to the application in a letter dated 24th January 2022.
5.3 DEFA's Senior Arboricultural Officer has made the following comments on the 26th January 2022 - "There are 3 trees on the north western corner of the plot: 2 ash and 1 hawthorn. On the tree removal plan submitted under application 19/01448/B (drawing TR-18220-R1), 2 of these trees were shown as being retained, but I now believe the position of these trees wasn't plotted accurately. The attached annotated photo, taken today, show that the trees are further south (closer to the building) than the plan represents. It is likely that any redevelopment/refurbishment of the existing building is likely to require these trees to be removed. As they are poor quality specimens I would not object to the removal of these trees, but I recommend that you seek additional details of the mitigation planting shown on the proposed site plan (drawing 101), so that a roadside hedge is reinstated. It would be acceptable to request these through a condition in the event that the application is approved."
5.4 The Applicant's Consultant responded to the comments from DEFA's Arboricultural Officer on 10th February 2022 with the following - "We accept that these three trees are not shown on the submitted plans, although they should have been, and it was not our intention to remove them as part of the reinforcement of the roadside boundary which, as you will have read in the Planning Statement, is actually important for those using the building (paragraph 4.7 of the Planning Statement). However, looking at them again, following your comments, it would be useful for us if the application could be considered as if these trees were to be removed and we will be happy to accept a condition which requires the provision of a fully detailed landscaping plan for this frontage including confirmation as to whether the trees are to be retained and if not, what will be planted in their place along with the other trees and shrubs to be introduced, prior to the commencement of works."
6.0 ASSESSMENT The principle of development
6.1 The area is designated as 'Industrial'. The Strategic Plan 2016 defines general industrial as separate from light industrial, as an industrial building in which 'the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles'. Business Policy 5 states that 'On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution' and it makes particular reference to retailing.
6.2 Therefore there is an emphasis in the plan to protect the existing use based on the avoidance of losing commercial, economically beneficial development; creating uses that will prejudice other areas of a similar use i.e. retail that will detract from the main shopping areas/town centre; and creating inappropriate uses in areas that will be impacted by the new use i.e. where it would impact neighbouring sites in terms of the abovementioned amenities. It is noted that the existing permitted use does not fall within that of the developmental plan.
6.3 However the proposed use for a fitness AND wellbeing/therapy centre is considered to be sui generis, that is, not falling within any of the Department's Use Classes; there is no policy
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indicating where such a use should take place. Therefore is a balance required to accommodate new businesses such as this as this is a growing market and there have been a number of similar businesses that have sought planning approval. The Department is responsible for considering the relevant issues/impacts and make recommendations that will impact future decisions. It is considered that businesses such as this would be more appropriate located in a sustainable location i.e. in a town with good transport links, includes sufficient parking and considering the associated impacts in terms of noise and/or smell, away from residential properties. Therefore on balance this seems like a good location and the principle for the change of use is acceptable, subject to the considerations below.
Character and appearance 6.4 There are no proposed physical changes and therefore the change of use would not unacceptably harm the characteristics of the existing building or the character of its surroundings.
Impact on neighbours 6.5 In terms of the potential impacts to the neighbouring residents, the closest property is Ballafletcher Cottage, which is around 20m away and then there are Hilburn and Ivy Dene, both of which are over 60m away and separated from the site by a busy road. Considering the new use of the building and potential hours for opening, it seems unlikely that this use would have an unacceptable impact on the above properties. There is a builders' yard to the rear of the application site, which could be described as a noise sensitive use, and this is considered to be acceptable in terms of amenity to neighbours.
Parking and highway safety 6.6 Drawing No. 101, titled Proposed Site Plan outlines the justifications for the car parking spaces and confirms that a minimum of 16 spaces would be required in line with Appendix 7 of the Isle of Man strategic plan as measured by net floor area. If measured by gross floor, a requirement of 20.35 spaces would be required, thus making the proposed use 2.35 parking spaces short of what is required. This in itself would not warrant a refusal of this application. Highways have accepted the parking arrangements and find it to have no significant negative impact upon highway safety, network functionality.
Removal of Trees 6.7 Three trees are proposed to be removed as part of the overall scheme and the recommendation from the Arboricultural Officer is that mitigation planting should be provided for, the agent for the applicant has confirmed they would be happy for a condition requiring landscaping for the frontage to include the possible removal of the trees in question.
7.0 CONCLUSION 7.1 Whilst the land is not designated for the proposed use, the current lawful use of the building is not in line with the land designation and it is considered given the size of the building, that there would not be an unacceptable loss of employment land as a result of the proposed change of use.
7.2 The proposal would make good use of an existing unoccupied building in accordance with the Strategic Aim and Strategic Policy 1. It is also considered that there are sufficient provisions for access and parking and that the proposed use will not have an adverse impact on the operation of any other uses in the estate. The application will provide facilities which are generally encouraged in the Strategic Plan and the proposal is therefore supported.
7.3 It is not considered necessary to attach conditions which control hours of opening as the times of operation are likely to contrast with those of the units operating nearby and where there would be no adverse impact on those operations if the hours of operation were not controlled. There are no residential properties in immediate proximity to the site or access that would have amenities effected.
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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; (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 in Article 4(2) 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:...14.03.2022
Signed :...C GATT ... 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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