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                                      22/00753/B                                     Page  1  of  8

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 22/00753/B Applicant : Mr John Keen Proposal : Alterations including roofing works, cladding removal of windows, installation of a new fire door and additional use of first floor storage area for dog day care business Site Address : The Warehouse Demesne Road Douglas Isle Of Man

Principal Planner: Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 01.11.2022 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area.

C 2. The dog day care centre, hereby approved, shall accommodate no more than 60 dogs onsite at any one time, unless otherwise agreed, in writing, by the Department.

Reason: In the interest of protecting the amenity of the neighbouring properties in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.

C 3. The dog day care use, hereby approved, shall only be open for use by customers and/or their pets, between the hours of 8:00 and 18:00 Monday to Friday and 9:00 and 13:00 on Saturdays. No customers or their pets shall be allowed onsite outside of these hours or at any time on Sundays or Bank holidays. No dogs shall be kept onsite overnight.

Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.

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C 4. The parking and accesses as shown on drawing Nr 03 REV A, 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."

This application has been recommended for approval for the following reason. The impact of the external alterations is consider a visual improvement to the buildings and the street screens and is not considered to have a significant impact on the character of the adjacent Conservation Area. The additional use (Unit 2), whilst there will be some impact, due to the times the business will operate, the contained nature of the main aspect of the business, and the existing, established commercial uses of the units, the impact to neighbouring properties is not considered to be so significant as to warrant refusal. The onsite and on-street parking provision is considered adequate. The proposal is therefore in accordance with the land use zoning and with General Policy 2, Strategic Policy 1, Strategic Policy 2, Strategic Policy 10, Business Policy 1 and Environmental Policy 22 & 36.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received;

14.09.2022 AX0037-01 REV A DESIGN STATEMENT 01 REV A 02 REV A 03 REV A __

Interested Person Status - Additional Persons

None __

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL

1.0 THE SITE 1.1 The application site is Unit 1 - 3 The Warehouse, Demesne Road, Douglas which is a large industrial building constructed in brick and painted, with a flat roof. The site is located on a corner plot with Demesne Road to the north west. The rear (south/south east) of the site, separated by an alleyway, backs on to the properties that front Allan Street, approx. 6m away. To the side (north east) of the building is a highway and the residential property beyond is approx. 14m away. Opposite (north west) the site is the former primary school, which is no longer in use. The buildings to the south west, on both sides of Demesne Road, down to Westmoreland Road, have a mix of uses, mostly commercial.

1.2 Previously, the application site accommodated a garage (Unit 3) which still exists and retail use in unit 1 and both businesses used unit 2 as storage. Unit2 is located at first floor level above Unit 1.

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                                      22/00753/B                                     Page  3  of  8

2.0 THE PROPOSAL 2.1 The application seeks approval for alterations including roofing works, cladding removal of windows, installation of a new fire door and additional use of first floor storage area for dog day care business.

2.2 The applicants have indicated that; "Raising the roof can be readily achieved by simply taking off the existing A trusses, lengthening the existing columns with a bolt on piece and reinstalling the existing A trusses at the increased height. See structural drawings attached. Roof finishes will be upgraded to ensure longevity, and for completeness architectural cladding together with a rationalisation of window openings is proposed so create a coherent solution.

Upgrading the building with improved external appearance is betterment to the street scene and nearby conservation area.

As the open space is greeter at the upper level it is anticipated a further 30 dogs can readily be accommodated by the new arrangement. There is no animal welfare legislation on the Isle of Man, but as a minimum Paw Patrol follow the UK guidance of 1 staff member to 15 dogs. The dog care unit is already massively over staffed as they already have 5 staff members (not all full time). As they send two staff members on dog walks rather than one. As safety is paramount they will take on extra staff when they have the upstairs too, albeit the increase in dog numbers would be gradual."

PLANNING POLICY 3.1 The site is designated as "Predominantly Residential Area" under the Area Plan for the East 2020. The site is not within a Conservation Area, adjacent to one to the northeast of the site.

3.2 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).

3.3 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;

3.4 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'.

3.5 Environment Policy 22 (EP22) states that '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'. Within paragraph 7.17.1 it states that 'it is not the role of land use planning to duplicate controls which are the statutory responsibility of

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other agencies including other directorates within the Department of Local Government and the Environment'.

3.6 Environment Policy 36 states: "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."

4.0 PLANNING HISTORY 4.1 The previous planning applications on this site is considered relevant in the assessment and determination of this application; 4.2 Alterations to units 1, 2 and 3, and conversion of unit 1 from retail (Class 1) to a dog day care centre - 18/00011/B - APPROVED subject to the following conditions;

"C 2. The dog day care centre, hereby approved, shall accommodate no more than 30 dogs onsite at any one time, unless otherwise agreed, in writing, by the Department.

Reason: In the interest of protecting the amenity of the neighbouring properties in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.

C 3. The dog day care use, hereby approved, shall only be open for use by customers and/or their pets, between the hours of 8:00 and 18:00 Monday to Friday and 9:00 and 13:00 on Saturdays. No customers or their pets shall be allowed onsite outside of these hours or at any time on Sundays or Bank holidays. No dogs shall be kept onsite overnight.

Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.

C 4. The parking and accesses as shown on drawing No.10018, 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."

REPRESENTATIONS The following is a summary of the representations received; the comments can be read in full on the Government website.

5.1 Highway Services (DOI) comment (15.09.2022); "Highways Development Control notes the additions and amendments uploaded on 14 September and continues to not oppose this proposal."

5.2 Douglas Borough Council have commented (16.09.2022); "With regards to PA 22/00753/B we would kindly ask what provision is being made for any increase in bin storage and whether the applicant has adequate space for any additional bins required. We would also kindly ask to see the applicant's waste management plan for the disposal of dog faeces and if they do not already have one, given the potential increase in the number of dogs could the applicant please provide a waste management plan."

6.0 ASSESSMENT 6.1 The key considerations are as follows: -

o The principle of development; o Character and appearance; o Impact on neighbours; and

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                                      22/00753/B                                     Page  5  of  8

o Parking and highway safety.

The principle of development (SP1, 2, 10 & BP2) 6.1 The application site is an existing building within Douglas. The area is zoned as predominantly residential and the previous use of the site commercial and the current use is as a dog day care (Unit 1) and garage (Unit 3 - this will remain). The proposal would be to continue this uses albeit increase the number of dogs on the site (from 30 to 60) within Unit 1 and 2.

6.2 The applicants comment; "The dog day care centre approved under PA 18/00011/B has been in operation for 4 1⁄2 years. Due to its success more space is now required. Expanding into the unused upper Unit 2 is the ideal solution. However to achieve this the roof structure needs to be raised by 1250mm to ensure appropriate headroom is achieved below the A trusses. In addition, whilst the hours of operation will remain the same, the number of dogs associated with Condition 1 will need to be modified to allow for an increase in dog numbers."

6.3 The previous application for the site considered that; "...The proposed use for the care of dogs is considered to be sui generis, that is, not falling within any of the Department's Use Classes; there is no policy indicating where such a use should take place. The principle for the change of use is acceptable..."

6.4 In terms of the principle of the works and the additional uses it is not considered there are any new issues which would change the conclusion of the previous application.

Character and appearance (GP2 parts b & c) 6.5 The proposed physical changes are to essentially re clad the external elevations with a Kingspan Quadcore panelling system, replacement of windows and doors and raising the roof height and parapet walls by approximately 1.25m. It is considered the works overall, while increasing the height of the building, would overall represent an improvement to the buildings and the street scene as a whole, which currently appears rather tired and detrimental impact. The site is near to the boundaries of the Conservation Area; however, for the dame reason it is not considered the proposal would adversely affect the character and appearance of views of the Conservation Area to warrant a refusal.

Impact on neighbours (GP2 part g & EP22 part iii) 6.6 In terms of noise, the sound of barking dogs can be a nuisance. However, in this case, the dogs are kept inside whilst being looked after and it is accepted, and has been accepted previously for similar proposals, that it is not in the interests of those working within the building to have dogs barking loudly, frequently or constantly and as such, it is accepted that the applicant will do all she can to reduce noise levels within the building. The fact the site has operated for 4 and half years and no objections have been received from local residents, is important to note. If there were significant level of disruption then it is reasonable to consider there would have been objections. The additional cladding will of course increase noise proofing above what current exists.

6.7 The previous application, the officer's report commented; "The main play room of the day care is in the centre of the building, surrounded by ancillary parts of the business, including the toilet, kitchen, quiet room, stores, and utility rooms. There is an existing storage use above the unit that was witnessed by the case officer whilst onsite to be full of goods associated with the garage use next door. The existing garage use appeared to be popular and used numerous mechanical plant and machinery in connection with the business. The combination of these factors is considered likely to dampen any noise generated by the use."

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Although it is probable that some noise will be audible from outside of the site, it is likely to be low in volume and intermittent, not a significant, constant nuisance. The hours of operation will be limited to the daytime and no dogs are proposed to be kept on site after hours or overnight. It is not accepted that noise nuisance is a valid reason for refusal in this case, subject to conditions controlling the hours of use and the maximum occupancy.

The potential for odours generated by the use was raised by a number of objectors; no mechanical extraction is proposed and the use takes place within a building. Considering the containment of the use within building, with no outdoor space being proposed and in particular the main play area at the centre of the building, the potential for odours escaping the building is low. The storage and collection of waste can be managed as it would by any business and is not considered to be significantly greater than the existing use."

6.8 Overall in terms of noise, it is again considered the noise emitting from the building would not be significant. While there would be additional 30 dogs (total 60 dogs proposed - existing 30 dogs) within the building (spread over two floors rather than one); it is not considered again the impact warrants refusal. Again additional cladding, period the existing use has occurred and given no objections have been submitted, reinforce this conclusion

6.9 In terms of noise and waste the applicants have commented; "With additional dogs comes additional waste, and Paw Patrol have a plan in place for this. Forgive how disgusting this sounds, but they actually freeze their dog waste! American day- cares operate like this and Paw Patrol find it to work well. Dogs usually go to the toilet when out on walks, or in their garden before coming to school but of course they do have dogs that will do their business with them. They bag it using biodegradable bags, it is then frozen, then double bagged before going into their main bin ready for collection on a Thursday morning. They also deep clean their unit with a power washer every single evening, thus meaning there is minimal smell from their business. Cleanliness is as important as animal welfare. They will have their own bin shortly, they currently share a bin with the business next door, but with the anticipated extra waste, it is important they have their own which will be locked and stored in the alcove at the side of the building.

Paw Patrol would also like to reassure you re noise. All of the staff are extremely experienced with dogs, many have canine behaviour qualifications and they ensure there is constant mental stimulation to keep the dogs busy, but they are dogs, they do bark, and they are very proud of how well they redirect them when they do. It is very rare you will ever hear barking for longer than 30 seconds in their facility.

Residents as a whole are extremely supportive of Paw Patrol, a few use them, and they have a mutual respect for each other. The residents don't want unruly dogs barking all day, and Paw Patrol don't want that either, it is simply not allowed to happen." 6.10 Overall, it is considered the proposed additional use will not result in a significant adverse impact upon the living conditions of neighbouring residents, subject to controls.

Parking and highway safety (GP2 part h) 6.11 The infant school opposite the site is no longer in use (has temporary approval to be uses for parking/storage of building constructed relating to Nurse's Home redevelopment). The side road adjacent to the former school is subject to a 2 hour disc zone on both sides operating Monday to Friday 8am to 6pm, apart from a short section of 'No Waiting at Any Time' restrictions on both sides adjacent to the junction with Demesne Road. Appendix 7 of the Strategic Plan provides parking standards which new development is expected to provide. However as this is a sui generis use, there is no specific requirement identified and reasonable judgment must be made. Highways have reviewed the application and have confirmed that the site parking and the existing on-street capacity in the area is considered adequate to meet the parking demand that would be generated by the development.

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                                      22/00753/B                                     Page  7  of  8

6.12 The applicants have comments; "2 more car parking spaces will be allocated to the dog day care centre which will more than enough accommodate the increase in dog numbers where drop offs and pick-ups happen randomly throughout the day.

All 5 spaces front Unit 1 with the increase in dedicated spaces allowing full control over who uses the spaces in front of their unit. The company van, driven by the manager, is parked outside every day. The owner parks her car down the side of the building, and the other members of staff either ride a motorbike or get the bus to work.

Parking was a big concern when they submitted their original plan 5 years ago, but thankfully it hasn't caused any issues, clients simply drop off and collect, they are in the building around a minute. With the extension of the business will come 2 additional car parking spaces, more than enough as their current ones are rarely full."

6.13 Again no objections being received on how the business currently operates in relation to parking is important to note. The proposal will of course increase the potential pick-ups and drops offs and traffic coming to and from the site. However, with the existing parking spaces (4) and the additional spaces (2) and no objection being received from Highway Services or local residents; it is considered the level of off street parking is appropriate for the proposed use.

7.0 CONCLUSION 7.1 The impact of the external alterations is consider a visual improvement to the buildings and the street screens and is not considered to have a significant impact on the character of the adjacent Conservation Area. The additional use (Unit 2), whilst there will be some impact, due to the times the business will operate, the contained nature of the main aspect of the business, and the existing, established commercial uses of the units, the impact to neighbouring properties is not considered to be so significant as to warrant refusal. The onsite and on-street parking provision is considered adequate. The proposal is therefore in accordance with the land use zoning and with General Policy 2, Strategic Policy 1, Strategic Policy 2, Strategic Policy 10, Business Policy 1 and Environmental Policy 22 & 36.

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 above who should be given Interested Person Status. __

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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: 07.11.2022

Signed : C BALMER 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.