**Document:** DEC Officer Report **Application:** 18/01351/C — Change of use of first floor from retail to offices (class 2 or class 4) **Decision:** Permitted **Decision Date:** 2019-02-15 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/29098-braddan-first-floor-elm-change-of-use/documents/1042733 --- # DEC Officer Report **Application No.:** 18/01351/C **Applicant:** Onchan District Commissioners **Proposal:** Change of use of first floor from retail to offices (class 2 or class 4) **Site Address:** First Floor Elm Tree House Main Road Onchan Isle Of Man IM3 1AH **Planning Officer:** Mr Nick Salt **Expected Decision Level:** Officer Delegation **Recommended Decision:** Permitted **Date of Recommendation:** 04.02.2019 _________________________________________________________________ ## 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. ### Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 2nd January 2019: - o Existing floor plan - 1st floor - o Existing west elevation - o Location Plan - o Site plan _______________________________________________________________ ### Interested Person Status – Additional Persons None _____________________________________________________________________________ ### Officer’s Report 1.0 THE SITE - 1.1 The site is the first floor of Elm Tree House, Main Road, Onchan. The site forms part of one of the main buildings in Onchan Village centre, fronting directly onto the Main Road. - 1.2 At present, the building is split into offices on the second floor, and retail on both the first and ground floors. There are 3 designated parking spaces at the rear of the site accessible from Elm Tree Road. 2.0 THE PROPOSAL - 2.1 Proposed is the change of use from retail to office use on the first floor. No external changes are proposed, and parking provision is expected to remain as it is. The ground floor and second floors are separate and would remain classed as retail and office respectively. 3.0 PLANNING POLICY - 3.1 The site is zoned within the Onchan Local Plan (2000) as Mixed Use for Retail, Residential and Office Use. - 3.2 A number of polices of the Isle of Man Strategic Plan 2016 are considered relevant to this application. They are detailed below. - 3.3 Strategic Policy 9 is considered as the proposal if for a change of use to offices: "All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park(1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8." - 3.4 General Policy 2 goes into some detail around development within zoned areas and the key points of considerations for the same, it states (in part): "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." 3.5 Business Policy 7 also states that "new office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan." - 3.6 Paragraph 11.5.2: "In respect of town centre office development, it has been the Department's usual practice to require the provision of one parking space per 50sq metres of nett office floor space, such parking spaces to be provided preferably on site but otherwise conveniently close to the site. The standard of 1 space per 50sq metres is based on: 1/3 staff walking or cycling: 1/3 travelling by public transport and 1/3 by private car." - 3.7 Transport Policy 7 confirms this; "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." These standards are set out in Appendix 7 of the Strategic Plan and follow those stated in 11.5.2. Under A.7.6, these standards may be relaxed where development: "(d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality." 4.0 PLANNING HISTORY - 4.1 85/00302/B Alterations and additions to form additional 1st floor office accommodation and re-arrangement of 2nd floor toilets, Elm Tree House, Onchan. Permitted. - 4.2 14/01383/B Conversion from Emergency Services HQ to retail and office space. Permitted. 5.0 REPRESENTATIONS - 5.1 No comments have been submitted in relation to this application. 6.0 ASSESSMENT - 6.1 It is considered that the main issues in the assessment of this application are: - o Principe of Development; - o Impact on Local Amenity; - o Parking Provision. ### 6.2 Principle of Development - 6.2.1 As is clear from the planning history of Elm Tree House, the 1st floor of the building has for most of its lifetime been used as an office space, prior to its use as a carpet showroom for the past 4 years (approximately). The proposed use is in keeping with the land use zoning in the Onchan Local Plan, it is therefore acceptable in principle. - 6.2.2 The Strategic Plan also supports such development as is evidenced by Strategic Policy 9, which states that all new office development should be located within existing town and village centres. Elm Tree House is within Onchan village centre. - 6.3 Impact on Local Amenity - 6.3.1 In is not likely that any impact, negative or otherwise, would result from the change of use. Neighbours would not be affected by pollution or noise impacts or any other loss of amenity. 6.4 Parking Provision. - 6.4.1 In the supporting documentation provided with the application , the applicant stated that the parking provision to the rear of the site would be kept at a designated 3 spaces and that this would neither increase nor decrease. - 6.4.2 When the requirements of Transport Policy 7 and the Departments parking standards for town centre offices are applied, the onsite parking currently provided would not meet this criteria. However, it is noted that the 1st floor was used as office space for most of its lifetime and until recent years, there is a main bus route between Douglas and Ramsey directly outside the building, and public parking less than 200m up Avondale Road. With this in mind, the lack of adequate onsite parking is not considered to have any further negative impact on highway safety and parking provision does not warrant a reason for refusal. - 6.4.3 As parapgraph A.7.6 provides circumstances in which these parking standards may be relaxed (including proximity of a bus route and the likelihood of increased on street parking demand), and bearing in mind the previous paragraph of this report, the proposal remains within the policy requirements of the IOMSP. 7.0 CONCLUSION - 7.1 The proposal is, on balance, in compliance with the aforementioned policies and is therefore recommended for approval. 8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: - (a) The applicant, or if there is one, the applicant's agent; - (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; - (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material - (d) Highway Services Division of Department of Infrastructure and - (e) The local authority in whose district the land the subject of the application is situated. 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 6(4) who should be given Interested Person Status. I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation. Decision Made : Permitted Date : 08.02.2019 Determining officer Signed : S BUTLER Stephen Butler Head of Development Management ## 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. --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/29098-braddan-first-floor-elm-change-of-use/documents/1042733*