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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 Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 24.01.2023
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;
Additional Persons
None ________________________________________________________________
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSED USE IS CONTRARY TO THE DEVELOPMENT PLAN
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.
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.
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 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)
6.1 The main issues to consider in the assessment of this planning application are:
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
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:
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.
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 Presenting Officer Mrs Vanessa Porter
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
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