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22/01482/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 22/01482/B Applicant : Coomer Properties Limited Proposal Install a mezzanine floor level for use as a gymnasium into an existing building that has been granted a Change of Use at Ground Floor for use as a gymnasium Site Address Jack Frost Building Spring Valley Industrial Estate Douglas Isle Of Man IM2 2QU
Case Officer :
Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 24.01.2023
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. 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 1st December 2022; o Drawing No. 295/003 o Drawing No. 295/004 o Drawing No. 295/012 o Drawing No. 295/022 o Drawing No. 295/023
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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 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 creation and use of a first floor level within the existing building. The unit measures approximately 31.340m by 19.177m resulting in a total additional floor area of approximately 601 square metres.
2.2 The proposed opening times of the first floor level will match the existing gym times of; Monday to Friday - 06:00 to 21:00 Saturday - 08:00 to 17:00 Sunday - 09:00 to 16:00
2.3 The car parking has been changed from the previous application (PA22/01128/C), to 44 spaces, of which 38 car parking spaces are easily accessible. Within the information provided there are several additional car parking spaces available to the site including 15 spaces at Units 31-33 Spring Valley Industrial Estate, 15 spaces at 7-9 Spring Valley Industrial Estate and 15 spaces at the Robinsons Site which is a short distance away from the site.
PLANNING HISTORY 3.1 There is one previous application which is relevant to the assessment of this application PA22/01128/C, which was for "Conversion of existing industrial unit into a gymnasium and the installation of replacement curtain wall glazing to existing roller shutter door" and was permitted at Planning Committee with the following relevant conditions,
3.2 This approval relates to the ground floor use only. REASON: The application has been assessed on the use of the ground floor area only
3.3 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.
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
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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 submitted Parking Statement makes a justified case." (14.12.22)
5.3 Braddan Commissioners have considered the proposal and state they have no objection. (19.12.22)
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are:
6.2 PRINCIPLE 6.2 When looking at the proposed principle of the use, whilst it is noted that the site itself is not designated for recreation or leisure purposes, the previous application PA22/01128/C deemed that a gym within this site is acceptable, as stating, "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 HIGHWAY SERVICES 6.3.1 As per the previous application, the main issue arising from such an application is whether the proposal would impact parking or traffic journeys, hence why Conditions were attached to the previous application to limit the gym to the ground floor level.
6.3.2 Transport Policy 7 in accordance with Appendix 7 of the Isle of Man Strategic Plan, states that the proposal will need 1 space per 15sqm, having measured each level of the site at approximately 600sqm, this means there is a requirement of 80 spaces for the site.
6.4.3 The site itself has 38 car parking spaces, easily accessible which is almost a shortfall of over 40 space. 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.
6.4.4 It is also relevant to note that the applicants have provided a car parking statement with letters of support to having accessible parking within Spring Valley Estate for the peak times, which will help elevate any parking on the site.
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6.4.5 On balance, the proposal is considered to have provided with sufficient parking, including the surrounding sites and thus not expected to result in any adverse highway safety impacts on the area.
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 can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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: 30.01.2023
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.
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PLANNING COMMITTEE DECISION 30.01.2023
Application No 22/01482/B Applicant Coomer Properties Limited Proposal Install a mezzanine floor level for use as a gymnasium into an existing building that has been granted a Change of Use at Ground Floor for use as a gymnasium Site Address Jack Frost Building Spring Valley Industrial Estate Douglas Isle Of Man IM2 2QU Planning Officer Mrs Vanessa Porter Presenting Officer As above Addendum to the Officer Report
Planning Committee agreed with the officers recommendation on the basis of an additional condition (see below) being attached,
"Prior to occupation, details of a revised car parking layout showing suitable disabled parking spaces must be submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and implemented within 3 months of occupation.
Reason: in the interests of Highway Safety."
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