DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/01128/C Applicant: Coomer Properties Limited Proposal: Conversion of existing industrial unit into a gymnasium and the installation of replacement curtain wall glazing to existing roller shutter door Site Address: Jack Frost Spring Valley Industrial Estate Douglas Isle Of Man IM2 2QU Planning Officer: Mrs Vanessa Porter Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 28.10.2022

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. This approval relates to the ground floor use only. REASON: The application has been assessed on the use of the ground floor area only
• C 3. Prior to commencement of this approval, details of the measurers to prevent access to the first floor needs to be submitted and agreed in writing by the Department and retained as such thereafter.

REASON: the application has been assessed on the ground floor use area only and in consultation with the agent.

This application has been recommended for approval for the following reason.

Whilst the land is not designated for the proposed use it will provide facilities which are generally encouraged within the Strategic Plan, and given the reasonable size of the unit and the other non-residential uses in the immediate surroundings, the change of use to a gym is not considered to be unacceptable or to adversely impact general or residential amenity in the area. Highway issues are also expected to be minimal given the location and the availability of

parking either at the site or in nearby area. For these reasons the application and proposal is recommended for approval.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 12 September 2022;

• o Drawing No. 295/001
• o Drawing No. 295/002
• o Drawing No. 295/010
• o Drawing No. 295/021
• o Drawing No. 295/020 This decision also relates to Drawing No. 295/011 which shows the upper floor being blocked
• off, dated 18th October 2022. _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the representatives 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):

Isle of Man Post Office as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (January 2020). _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSED USE IS CONTRARY TO THE DEVELOPMENT PLAN

THE SITE

1.1 The application site is within the curtilage of a unit currently called the Jack Frost Building which is situated to the North East of Spring Valley Industrial Estate, Douglas. PROPOSAL - 2.1 The application seeks approval for the change of use of the ground floor level from industrial use (Class 2.2) to a gym (Class 4.4). The unit measures approximately 31.340m by 19.177m resulting in a total floor area of approximately 601 square metres. The site includes 35 spaces of which 29 spaces are easily accessible. The internal layout has yet to be decided but there will be a reception area, three showers, one urinal, one WC and two wash hand basins.

2.2 The proposed opening time are as the existing gym; Monday to Friday - 06:00 to 21:00 Saturday - 08:00 to 17:00 Sunday - 09:00 to 16:00 - 2.3 The agent notes; "The overarching proposal is to create an alternative location for an existing gymnasium, Elite Fitness, that currently operates on the same estate; its landlord, Isle of Man Development Company Limited, has advised that their lease will not be renewed at the end of the existing term, so they need to relocate accordingly. The existing building will therefore be available to revert to industrial use, thus there is no net loss of industrial use on the estate".

PLANNING HISTORY

3.1 The previous applications on the site are not relevant in the assessment of this application.

3.2 It is relevant to note that the gym in question received permission for a gym within Spring Valley Industrial Estate, within another unit under PA12/01532/B - Installation of glazing to replace existing roller shutter door and change of use of premises from industrial/storage building to a fitness gym, which was Permitted. PLANNING POLICY - 4.1 The site lies within an area zoned as "Industrial" on the Area Plan for the South, Map 4 Douglas.

4.2 Generally there are no policies within the Isle of Man Strategic Plan for the proposal, the proposed use will be a departure from the authorised use of the site, as well as the Area Plan designation. - 4.3 Whilst the above is the case, General Policy 2 which sets of "development standards" and Transport Policy 7 in connection with Appendix 7 which sets out parking standards, are relevant Strategic Policies due to the proposed alterations to the frontage, the proposed use and the available parking on site, including Chapter 10 of the Isle of Man Strategic Plan (paragraphs 10.1.1 and 10.3.34) which discusses the positive impact of new recreation or sporting facilities on the Island.

REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summery;

5.2 Highway Services have considered the proposal and state, "- After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider the provision of bicycle paring for staff and customers as well as installing electric vehicle charging points." (12.10.22 & 26.10.22)

5.3 Braddan Commissioners have considered the proposal and state they have no objection. (10.10.22)

5.4 A representative of the Isle of Man Post Office Head Quarters have written in to object to the proposal on the basis of car parking. (20.10.22) ASSESSMENT - 6.1 The main issues to consider in the assessment of this planning application are:

• - principle (GP2)
• - character and appearance (GP2, b,c)
• - highway safety (TP7)

- 6.2 PRINCIPLE

• 6.2.1 When looking at the proposed principle of the use, it is noted that the site is not designated for recreation or leisure purposes and whilst this is the case it can be seen that a variety of recreation and sporting facilities are found within the industrial estates around the Island.

• 6.2.2 The unit in question here is a relatively short space from the existing gym, as such the previously approved application (PA12/01532/B) has proven that the proposal is acceptable within this existing industrial site without impacting the uses of the surrounding units.

• 6.2.3 On balance, whilst not in full accordance with the Development Plan, when assessed again the broader principles of General Policy 2, a change of use to a private gym would not

impact on the wider character and appearance of the area, nor would it conflict with adjacent uses of the Spring Valley. Given the ability to alter the use within Class 4.4 of the 2019 Use Class Order, of those uses listed (assembly and leisure) few of those would cause a conflict of use on this estate, however it could place additional pressure on parking in the area. In this case it would be appropriate to limit the use of the proposal by a condition to that as per the application and prevent any subsequent change of uses without seeking planning consent.

- 6.3 CHARACTER AND APPEARANCE

6.3.1 Turning towards the proposal to change the existing roller shutter door to glazing, the alterations is one which can be seen on several industrial sites around the Island, with the likelihood of the proposed works not changing the character and appearance of the site. The proposed alterations to the front elevation seeking the removal of the roller shutter doors and installation of the glazed curtain walling in the existing reveal would be an appropriate addition to the property and would be unobjectionable.

• 6.3.2 In terms of the use of the premises, it is only the ground floor area as a gym has been considered under this application and discussed with the agent. Whilst there is a small part of the building that is a mezzanine, to the south west corner and accessed by a separate staircase, any subsequent use of this space would be subject to a separate application. As such a condition has been included that seeks to restrict access to the upper floor level.

6.4 HIGHWAY SERVICES

• 6.4.1 Turning towards the parking available on site, the agent on behalf of the applicant states the following, "Whilst the internal layout of the proposed gymnasium has not yet been designed, based on the existing gymnasium the ancillary accommodation, such as reception area, office, and changing facilities, will occupy approximately 20% of the Gross Internal Area (GIA); as the GIA of the building is 597m2 , the gymnasium itself will be 478m2 , thus generating a parking requirement of 32 spaces in accordance with Appendix A.7.6 of The Isle of Man Strategic Plan 2016 for assembly and leisure buildings, with the 35 spaces provided therefore being more than adequate."

• 6.4.2 Having measured the space, the likelihood is that according to Appendix 7 of the Isle of Man Strategic Plan that there is the requirement of 1 space per 15sqm, which will give an overall floor space to car parking available of 40 spaces required. There are 35 spaces of which 29 are usable at all times.
• 6.4.3 Whilst this is the case, the site is close to a bus network and within walking distance of a concentration of population. The industrial estate generates a variety of different businesses to the site, with the traffic being generally day time and week day traffic, as such there is likely to be capacity on the roadways and adjacent parking areas to accommodate any vehicles which cannot be accommodated on the site such that there will not be an adverse impact on the highway network in the vicinity of the site. Accordingly, it is likely the peak uses of the gym will be when the adjacent units are not operational.
• 6.4.4 On balance, the proposal is considered to have provided with sufficient parking and thus not expected to result in any adverse highway safety impacts on the area. However, it is considered necessary to include a condition stating that the first floor is to be blocked off and not accessible as the parking standards have been assessed on the ground floor only.

CONCLUSION

7.1 As it has been demonstrated, there are many examples of gyms located in industrial areas and as such it is considered that what is proposed, whilst not in full accordance with the Development Plan, would not impact on the wider character and appearance of the area, nor would it conflict with adjacent uses. 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

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 : V PORTER 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.