DEC Officer Report

Application No.: 22/00012/C Applicant: Mannin Doctors Proposal: Additional use of office as a GP clinic Site Address: Unit 22 Tower House Loch Promenade Douglas Isle Of Man IM1 2EZ Planning Officer: Mr Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 11.03.2022 _________________________________________________________________

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.

This application has been recommended for approval for the following reason. The 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 documents, location plan, site plan and floor plan date stamped as having been received on 31st January 2022. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the commercial curtilage of Unit 22, Tower House, Douglas, a four-storey property located on the southwest corner of Loch Promenade and Senna Road. It is also accessible from Strand Street.

1.2 Loch Promenade currently hosts a variety of businesses, including hotels, guesthouses, restaurants and bars. Strand Street is the host of a variety of shops.

2.0 THE PROPOSAL - 2.1 The proposal is the additional use of an office (Use Class 2.1) to a GP (Use Class 4.1).

3.0 Planning History - 3.1 Demolition of existing and erection of retail centre and offices, 52-54 Loch Promenade & 2640 Castle Street, Douglas was APPROVED under PA 96/01573/B. The proposed floor plan shows the area that is the current Unit 22 is for retail use.

4.0 Planning Policy Site Specific - 4.1 The site is within an area designated as Mixed Use (Strand Street) in the Area Plan for the East. It is also at the north end of the Primary Retail Frontage. - 4.2 In the written statement of the Area Plan, it states that "There will be a presumption in favour of retail and ancillary town centre uses such as food and drink and health and beauty uses along the primary shopping frontage." - 4.3 The site is within the Douglas Promenade Conservation Area. Strategic Policy - 4.4 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 - 4.5 Strategic Policy 4 states: "Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas and sites of archaeological interest." - 4.6 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;
• (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;

• (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

4.7 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 features contributing to the character and quality are protected against inappropriate development." Environment - 4.8 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island." Then, Infrastructure Policy 5 particularly states that

"Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources."

Parking

4.9 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." - 4.10 Appendix 7.6 states that for Medical/health services, there should be 3 spaces per consulting room plus staff parking. Safety and Security - 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." PPS and NPD - 4.12 There is no relevant Planning Policy Statement or National Policy Directive applicable to this application.

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 considerations considered relevant to this application.

6.0 REPRESENTATION - 6.1 Douglas Borough Council has no objection to this application (17.02.2022). - 6.2 DoI Highway Services does not oppose this application (16.02.2022). The comment states that there is no significant negative impact upon highway safety, network functionality and/or parking.

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 and the proposal would preserve is considered to pass the test. Elements of Assessments - 7.2 The key considerations in the determination of the application are its land use, its impact on the character and appearance of the conservation area, on parking provision and the amenities of the neighbours. Land Use - 7.3 The proposed use as a GP complies with the written statement in terms of being "ancillary town centre uses ". Therefore, proposed land use is considered acceptable. Character and Appearance of the Conservation Area - 7.4 As mentioned in 7.1, there is no external alteration to the property. Therefore, the proposal is considered to have no impact on and, therefore, preserves the character and appearance of the conservation area.

• Parking Provision
• 7.5 No internal floor plan is provided for this proposal so the number of consultation rooms is uncertain. However, as it is within the town centre, there are several main car parks within close distance. In addition, Highway Services has no objections. Therefore, it is considered that the impact on parking provision is acceptable. Neighbouring Amenities
• 7.6 As the development is within a mixed-use area, and the use of a GP service does not generate more noise, odour or smell than typical retail or office activities, it is considered that the potential impact on the neighbouring units from the proposed use is acceptable. It is also considered that there is no need for a condition regarding opening hours as the building is a purposed built commercial building and it is located within the town centre.

8.0 CONCLUSION - 8.1 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 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 can confirm that this decision has been made by the Head of Development Management 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 : 16.03.2022 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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