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22/01567/C Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 22/01567/C Applicant : Jones MMA And Fitness Proposal Change of use of car sales garage to a martial arts and fitness studio (class 1.1) Site Address Car Showroom 12 Elm Drive Elm Tree Road Onchan Isle Of Man IM3 4EF
Case Officer :
Mr Paul Visigah Photo Taken :
Site Visit :
01.02.2023 Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 27.03.2023
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.
C 2. No customers shall remain in the building outside the following hours:
Weekdays (Monday to Friday): 5.30pm to 8.15pm, Weekends (Saturday): 10am to 3pm
Reason: The application has been assessed on this basis as requested in the application form and in the interest of amenity.
C 3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019, the use hereby approved shall be limited to the proposed leisure and recreational use as martial arts and fitness studio (class 1.1).
Reason: In the interest to protect the character and uses of the neighbouring properties.
C 4. The proposed martial arts and fitness studio (class 1.1) hereby approved shall only support a maximum of 18 for any given session.
Reason: For the avoidance of doubt and to ensure the development takes place in accordance with the approved details.
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This application has been recommended for approval for the following reason. The application complies with General Policy 2, Business policy 1, Spatial Policy 2, Transport Policy 1 and Paragraphs 10.2.1 and 10.5.3 of the Strategic Plan, and would not result in significant adverse impacts on private or public amenity, or highway safety.
Plans/Drawings/Information;
This decision relates to the documents and plans date stamped and received 22 December 2022, and email received 20 March 2023.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers 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):
10A Beech House, Elm Tree Road, Onchan (Mullen Consulting Ltd); 24 Laurel Avenue, Onchan (Onchan Pensioners Social Club); 1 Church Avenue, Onchan; Ewood, 2 Elm Drive, Onchan
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPLICATION IS RECOMMENDED FOR APPROVAL AND THERE ARE 4 OBJECTIONS FROM MEMBERS OF THE PUBLIC
1.0 THE SITE 1.1 The application site comprises the Car Show Room which forms part of a large building which fronts onto Main Road, Onchan and backs onto Elm Tree Road. The entrance to the premises and parking provisions is from Elm Tree Road.
1.2 This split level building (two storeys along Main Road and single storey along Elm Tree Road) serves a number of businesses and organisations. This Car show room which is on the first floor is assessed via the car park at the rear.
2.0 PROPOSAL 2.1 The application seeks planning approval for Change of use of car sales garage to a martial arts and fitness studio (class 1.1). No external changes are proposed as part of the application.
2.2 The applicants have provided a Cover Letter which states the following: o The martial arts studio which is named 'Jones MMA and fitness' currently operates at Tromode. o They run the classes every weekday from 5.30pm to 8.15pm. o During the weekends the facility would be open 10am and 3pm (on Saturdays).
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o In the day time, they provide 1 to 1 private training sessions. o In the evening, the average class attendance is 10 people. o The maximum class attendance per session would be 18 people. o They opine that the location is ideal as there is adequate parking and the location is within walking distance to many of their members. o The building is owned by Onchan Commissioners who granted permission for the use of the Commissioner's Building car park which has over 20 parking spaces and is a 2 minute walk from the unit. o There are two public car parks adjacent the unit. o Other businesses operate in the area with less parking options.
2.3 The application form also indicates that the application site has access to six parking spaces on site.
3.0 PLANNING POLICY 3.1 The application site is within an area designated as 'Mixed use' under the Area Plan for the East (Map 6 - Onchan) and the site is not within a Conservation Area, although it is directly adjacent the Onchan Conservation Area. The site is considered to have low to medium likelihood of surface water flood risk. Due to the land use designation and the type of development proposed the following policies of the IOM Strategic Plan 2016 are relevant for consideration:
3.2 Strategic Policy 2 (In part): "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages."
3.3 Spatial Policy 2: "Outside Douglas development will be concentrated on the following Service Centres to provide regeneration and choice of location for housing, employment and services o Ramsey o Peel o Port Erin o Castletown o Onchan Area Plans will define the development boundaries of such centres so as to provide a range of housing and employment opportunities at a scale appropriate to the settlement."
3.4 General Policy 2 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"
3.5 Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.
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3.6 Environment Policy 36: 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.
3.7 Section 10.2 Sport and Recreation 10.2.1 The Sport and Recreation Strategy 2002-2012 - "Planning for Sport" sets out a vision for the continued development and growth of sport on the Island and the benefits that this will bring. The Island is fortunate in that over the recent years a network of sporting facilities has been provided across the Island. The Sport and Recreation Strategy envisages improving on these both in terms of sport development and, as appropriate, new facilities.
3.8 Paragraph 10.5.3 "It is one of Government's general policies to promote equity and equality of access to education, health, community and recreation facilities, services and the wider environment for all sectors of the community."
3.9 Transport Policy 1: New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes.
3.10 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7.
3.10.1 Appendix 7: "Assembly and leisure (includes cinemas, meeting halls, swimming baths, leisure centres, and the conference and leisure facilities of hotels) - 1 space per 15 square metres gross floor space."
4.0 PLANNING HISTORY 4.1 The application building has been the subject of a number previous planning applications that relate to change of use of the units, which are considered to be specifically material to the assessment of this current planning application. i. PA 87/01441/C for Change of use to preparation, repair, display and storage of motor vehicles, Onchan Car Sales Ltd. - Approved. This relates to the application unit which the current application seeks to alter. ii. PA 98/02209/C for Change of use of shop premises to office for community support services, Shop 4 - Approved. iii. PA 89/00456/B for Conversion of library to 2 self-contained offices - Approved. iv. PA 89/01400/C for Change of use of ground floor from estate agents to office/stockroom - Approved. v. PA 96/01505/C for Change of use from former estate agents to retail - Approved.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' the application in a letter dated 6 January 2023. They find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking. They also note that Under the IOM Strategic Plan car parking standards the car parking amounts required for the proposed leisure use are similar to the extant use for retail car sales where most cars were parked within the premises. This would be unavailable on change of use. Notwithstanding, it is noted that there is nearby off-street and on-street parking available under controls nearby with agreement reached to use the off-street provision, if necessary, such as at the offices of the Onchan Commissioners. The Applicant is advised to consider the provision of cycle parking.
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5.2 Onchan Commissioners have not made any comments on the application although they were consulted on 3 January 2023.
5.3 The Owners of the flowing properties have raised concerns with the application: 5.3.1 Properties: i. 10A Beech House, Elm Tree Road, Onchan (Mullen Consulting Ltd); ii. 24 Laurel Avenue, Onchan (Onchan Pensioners Social Club); iii. 1 Church Avenue, Onchan; iv. Ewood, 2 Elm Drive, Onchan
5.3.2 Their concerns border on: Noise nuisance, pressure on parking provisions, late display of site notice, operating hours (late evenings and weekends), and increased vehicular traffic to the area.
6.0 ASSESMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; a. the principle of development; b. the impact on the surrounding area, and c. the impact upon highway safety/parking.
6.2 The Principle (GP2, STP 2, SP 2, and Paragraphs 10.2.1 and 10.5.3) 6.2.1 In assessing the principle of the proposed use which falls within commercial/leisure use, it is considered that the use of the building for commercial purposes is established, with the site situated within an area of mixed use where the proposed use would be fitting and acceptable. As well, the building where the unit is situated has an established commercial use which is evident in its history of previous uses. The site is also within a predominantly mixed use corridor along Main Road, Onchan.
6.2.2 It is also noted that the site is within the Onchan town centre where the proposed use would pass for an acceptable use, with its timing of operations and nature of activity considered vital in creating employment opportunities, extending the local economy into the evening hours, and promoting leisure activities.
6.2.3 Equally, the proposal would provide a martial arts and fitness studio for visiting members of the public and not be so far removed from the coming and goings of the units within the building and area. The proposal would also offer a facility that positively contributes to the range of leisure and fitness activities available for the local community and it follows suit with the Strategic and Spatial policies which seek to direct new development to sustainable and existing town centre locations.
6.2.4 The use of the unit would also be relatively in keeping with the dominant residential character of the surrounding area given its purpose to offer a facility that positively contributes to the range of leisure activities for the local community, which would be open for visiting members of the public.
6.2.5 Additionally, there are a mix of uses in the surrounding area particularly within the Mix Use corridor along Main Road, some of which operate late into the night, such as food and drink, hairdressers, dine in restaurants, public houses, community hubs, coffee shops, and café's. The current application has also proposed a specific set of opening times in the Cover Letter and additional email provided by the applicant, and so the current application must be considered on this basis. The proposed hours are unobjectionable, they would not be out of keeping with surrounding commercial/business uses nor step outside of those typically expected within such a location within the existing town centre.
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6.2.6 Based on the foregoing, and as the proposed use would comprise a commercial leisure operation, it is considered that the proposed use would be acceptable.
6.3 Impact on surrounding area (GP 2 & EP 36) 6.3.1 In terms of impacts on surrounding area, it is considered that there are no physical or external changes proposed within this application and as such the character and appearance of the site and surrounding area, being adjacent to a Conservation Area would remain unchanged.
6.3.2 Likewise, the scale of the proposed development which would only accommodate an average attendance of 10 users at any given time is not considered to be sufficient to result in significant increase in attendance such as to impact the area in terms of noise and vehicular use.
6.3.3 Noting the site is within close proximity to a predominantly residential area, it would be appropriate to limit the use of the proposal by a condition to that as per the application, as well as prevent any subsequent change of uses without seeking planning consent. This would serve to ensure that the activities do not continue beyond the time that has been stipulated.
6.4 Impact on parking/highway safety (TP1 and TP7) 6.4.1 In terms of possible impacts on parking and highway safety, it is considered that the unit is situated within a commercial building where it is expected that there would be a high turnover of visitors and its attendant parking requirements or pick up and drop offs along the adjoining highway or within the designated parking area.
6.4.2 As well, the building supports a variety of uses and activities which are not known to have low visitor numbers and vehicular traffic. As such, it is not considered that the proposed use as a martial arts and fitness studio where customers are known to spend longer hours due to the nature of the leisure activities would significantly increase the pressure on parking and its resultant highway safety concerns, beyond that which has been attainable at the site.
6.4.3 The site is also situated along a public transport corridor when clients can rely sufficiently on public transport to visit the facility. As well, the site is within close proximity to The Village Walk car park and the Onchan Commissioner's offices where there is ample parking provisions to serve the limited number of clients using the facility.
6.4.4 The advice offered by DOI Highways who are the professionals tasked with providing professional advice on highway safety concerns also confirm that there would be no concerns with parking and highway safety. As such, it is not considered that there would be any concerns with regard to parking and highway safety resulting from the proposed development.
6.5 Other Matters 6.5.1 The comments regarding the display of the notice is noted. However, the application has remained live for a period in excess of six weeks since there were concerns regarding the late display of the application notice. As such, it is not considered that there are concerns regarding the timing of the application notice display.
7.0 CONCLUSION 7.1 Overall it is considered that the proposal would comply with the land use designation of the area, and will not result in any unacceptable amenity impacts on the town centre location or neighbouring uses. The application is therefore considered to be acceptable complying with General Policy 2, Business policy 1, and Paragraph 10.5.3 of the Strategic Plan.
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);
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(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 in Article 4(2) 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:...27.03.2023
Signed :...P VISIGAH... 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 27.03.2023
Application No 22/01567/C Applicant Jones MMA And Fitness Proposal Change of use of car sales garage to a martial arts and fitness studio (class 1.1) Site Address Car Showroom 12 Elm Drive Elm Tree Road Onchan Isle Of Man IM3 4EF Planning Officer Mr Paul Visigah Presenting Officer As above - Addendum to the Officer Report
The Planning Committee considered the application at its meeting on 27 March 2023 and agreed with the recommendation to approve the application subject to the officer's amendment to their suggested Condition 2 and review of IPS for Ewood, 2 Elm Drive, Onchan.
The amended Condition 2 shall read:
No group classes shall be carried out in the building outside the following hours:
Weekdays (Monday to Friday): 5.30pm to 8.15pm, Weekends (Saturday): 10am to 3pm
Reason: The application has been assessed on this basis as requested in the application form and in the interest of amenity.
Revised IPS for Ewood, 2 Elm Drive, Onchan:
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not 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):
Ewood, 2 Elm Drive, Onchan, as they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy
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