**Document:** DEC Officer Report **Application:** 19/00533/C — Change of use from industrial to dog day care **Decision:** Permitted **Decision Date:** 2019-07-16 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/29258-braddan-bays-3-change-of-use/documents/1043936 --- # DEC Officer Report **Application No.:** 19/00533/C **Applicant:** Mr Matthew Cochrane **Proposal:** Change of use from industrial to dog day care **Site Address:** Unit 1 Bays 3 & 4 Old Quarry Douglas Head Industrial Estate Douglas Isle Of Man IM1 5BF **Planning Officer:** Mr Nick Salt **Photo Taken:** 29.05.2019 **Site Visit:** 29.05.2019 **Expected Decision Level:** Planning Committee **Recommended Decision:** Permitted **Date of Recommendation:** 13.06.2019 _________________________________________________________________ ## 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. - C 2. The dog day care centre, hereby approved, shall accommodate no more than 40 dogs onsite at any one time. Reason: In the interest of protecting the amenity of the neighbouring properties in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016. - C 3. The dog day care use, hereby approved, shall only be open for use by customers and/or their pets, between the hours of 7:30 and 18:30 Monday to Friday and 9:00 and 15:00 on Saturdays and Sunday. No customers or their pets shall be allowed onsite outside of these hours. No dogs shall be kept on site overnight. Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016. - C 4. The parking as shown on drawing No.2 date-stamped as having been received 7th May 2019, shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety and in accordance with General Policy 2 of the Isle of Man Strategic Plan. ### Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 7th May 2019: - o Plan as existing - Drawing No.1 - o Site Plan - Drawing No.2 - o Location plan - Drawing No.3 _______________________________________________________________ Interested Person Status – Additional Persons 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 6(4): 9 Fort William, Head Road, Douglas 3 Fort William, Head Road, Douglas 1 The Towers, Fort Anne Road, Douglas 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 _____________________________________________________________________________ ### Officer’s Report THIS APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL IS NOT IN ACCORDANCE WITH THE LAND USE ZONING AND IS THEREFORE A DEPARTURE FROM THE DEVELOPMENT PLAN 1.0 THE SITE - 1.1 The application site is an established commercial building within an industrial area. The unit is located in Douglas Head Industrial Estate, the 'top' unit building of the two within the estate. Access is onto the Douglas Head Road opposite Fort William terraced dwellings. - 1.2 The site is bays 3 and 4, the section second from front within the building, sitting higher than the surrounding buildings and significantly higher and ground level than Douglas Head Road below. The surrounding business enterprises include a vehicle repair business adjacent. The site is currently in use for storage (as per case officers site visit 29.05.19). - 1.3 There is parking within the estate along the spaces between the two main buildings, and elsewhere to the side of Ivy House. 6 spaces are connected with the site, 2 out to the front of the unit itself, 2 further down the building, and 2 opposite the unit outside the other warehouse building. ## - 2.0 THE PROPOSAL 2.1 The proposal is to use the commercial unit for the operation of a dog day care centre, no external alterations are proposed. - 2.2 The applicant has provided a description of how the business will be run. In this statement it indicates that the occupancy number is expected to be 40 dogs. They have indicated that there will be some operations in some form 7 days a week, opening from 7.30am to 6.30pm on Mondays to Fridays to allow greater flexibility for customers who work different hours and reduced hours of 9.00am to 3.00pm on the weekend. - 2.3 Two staff would be employed at the centre, in addition to the applicant - a total of 3 staff. 3.0 PLANNING POLICY - 3.1 The site is shown on the Douglas Local Plan 1998 Map 2 (south) as being within an area of 'Light Industrial Use'. The site is not within a Conservation Area. - 3.2 The proposed use for the care of dogs is considered to be sui generis, that is, not falling within any of the Department's Use Classes. - 3.3 As such, there is no policy guidance on the conversion of modern buildings and it is therefore considered relevant to consider whether the existing use is redundant and whether the proposed use is acceptable, taking into account other Strategic Plan policies (below) and any impact on the surrounding area. In this respect, the Strategic Plan urges that development should make the best use of resources through the optimisation of the use of previouslydeveloped land, redundant buildings and unused and under-used land and buildings (Strategic Policy 1 - SP1). It also requires that development is primarily within our towns, villages and settlements (Strategic Policy 2 - SP2) and new development should be located and designed such as to promoted an integrated transport network and to minimise journeys by private car, make the best use of public transport, not adversely affect highway safety for all users and encourage pedestrian movement (Strategic Policy 10 - SP10). - 3.4 General Policy 2 (GP2) applies to development which is in accordance with the land-use zoning and with other policies of this Strategic Plan; such development will normally be permitted, provided that it:- - (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; 3.5 Business Policy 1 (BP1) states that 'the growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan'. - 3.6 Business Policy 5 states that 'On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution' and it makes particular reference to retailing. - 3.7 Environment Policy 22 (EP22) states that 'Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of…iii) vibration, odour, noise or light pollution'. Within paragraph 7.17.1 it states that 'it is not the role of land use planning to duplicate controls which are the statutory responsibility of other agencies including other directorates within the Department of Local Government and the Environment'. 4.0 PLANNING HISTORY - 4.1 03/00168/C - An application for the change of use of Bays 1-3 to a furniture recycling/auction sales room was refused due to a lack of information. - 4.2 04/02408/C - An application for the change of use of bays 1-6 of Unit 1 was refused on review, one reason was given: "The traffic, parking, and associated activity which would be generated by the proposed use of an evening and at a weekend would have an adverse impact on the enjoyment of the adjacent residential area to the north and west of the site." - 4.3 18/00610/C - Retrospective approval was granted for the change of use of industrial units on the estate to vehicle servicing, repairs and sales. - 4.4 A number of similar proposals for the change of use of an industrial warehouse to dog care facility have been approved in recent years: - o 16/00817/C - Units 4 & 5, 1 Main Road, Onchan - o 17/00842/C - Viking Works, Warehouse Next To Mill House, Mill Road - o 18/00011/B - Units 1, 2 And 3, The Warehouse, Demesne Road, Douglas - o 18/01299/C - Unit 1, Warehouse Unit, Hills Meadow Industrial Estate 5.0 REPRESENTATIONS The following is a summary of the representations received; the comments can be read in full on the Government website. 5.1 Douglas Borough Council have no objection to the application (31.05.19). - 5.2 DoI Highway Services object to the application (31.05.19) due to concerns regarding the allocated parking for the site, and a lack of information on likely customer levels and times, and expected parking demand. - 5.3 9 Fort William have submitted a letter of objection (11.06.19) to the proposal. The concerns raised in that letter can be summarised thus: - 1. The Douglas Head Industrial Estate is for industrial use and the proposed use would not comply with this. The location is close to a residential street and the opening hours would have the potential to extend to later times and will not be controlled. - 2. The Draft Area Plan for the East shows the Industrial Estate as for industrial use and not for mixed use - the proposal is incompatible with Government Policy and planning policies in the Development and Local Plans. - 3. The presence of up to 40 dogs at a time will generate smells. In order to operate hygienically there will be a need for air-filtering equipment. - 4. There would be noise and disturbance from the dogs causing a nuisance to the local neighbourhood. - 5. No information provided by the applicant on how much water will be needed for washing out the premises and how this would affect the drainage system. - 6. At a full capacity of 40 dogs this could mean a total of 80 additional traffic movements on the road which is already congested with on-street parking. - 7. The safety of the dogs and animal management due to the number of staff relative to animals. 5.4 3 Fort William also objected to the application on 17.06.19. The key points of objection in their letter are summarised below: - 1. The noise and smell generated by the dogs - 2. The use of the industrial unit for the purposes proposed is inappropriate for the area - 3. The unit would be unfit for the dogs in terms of adequate animal welfare due to the fact that it would be inside, and the number of animals - 4. The impact on drainage - 5. The impact on traffic flow in the area 5.5 An objection was received from '1 The Towers', Fort Anne Road, Douglas (27.06.19). The comments raise objections on the following basis: - 1. The site is zoned for industrial use, the proposed use is not industrial - 2. The potential noise hazard on nearby houses and apartments - 3. Heavy traffic to and from the industrial estate would disturb the dogs - 4. The potential for further traffic congestion on Head Road ## - 6.0 ASSESSMENT 6.1 The key considerations in the assessment of this application are the principle of the development, the impact on nearby residential dwellings and the operation of other business in the area, and the parking and highways impact. 6.2 The principle of development - 6.2.1 The area is designated as 'Light Industrial'. The Strategic Plan 2016 defines light industrial as separate from general industrial, as a light industrial building in which 'the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles'. Business Policy 5 states that 'On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution' and it makes particular reference to retailing. - 6.2.2 Therefore there is an emphasis in the plan to protect the existing use based on the avoidance of losing commercial, economically beneficial development; creating uses that will prejudice other areas of a similar use i.e. retail that will detract from the main shopping areas/town centre; and creating inappropriate uses in areas that will be impacted by the new use i.e. where it would impact neighbouring sites in terms of the abovementioned amenities. - 6.2.3 The Government Employment Land Review indentified a shortage of industrial zoned land in the east of the Island, thus underlining the need to retain industrial land for those purposes. However the proposed use for the care of dogs is considered to be sui generis, that is, not falling within any of the Department's Use Classes; there is no policy indicating where such a use should take place. Therefore is a balance required to accommodate new businesses such as this as this is a growing market and there have been a number of similar businesses that have sought planning approval. The Department is responsible for considering the relevant issues/impacts and make recommendations that will impact future decisions. It is considered that businesses such as this would be more appropriate located in a sustainable location i.e. in a town with good transport links, includes sufficient parking and considering the associated impacts in terms of noise and/or smell, away from residential properties. Therefore on balance this seems like a good location and the principle for the change of use is acceptable, subject to the considerations below. 6.3 Character and appearance - 6.3.1 There are no proposed physical exterior changes proposed - therefore the change of use would not unacceptably harm the characteristics of the existing building or the character of its surroundings. 6.4 Impact on neighbours - 6.4.1 The site is situated roughly 60 metres from the Fort William terrace on the Douglas Head Road. This is a significant distance which would limit the impact of noise, particularly that taking place within an enclosed unit. Additionally, the site is further away than an existing vehicle repair business which could be considered to have a greater noise impact. It is not regarded therefore that there would be an unacceptable impact on neighbouring amenity resulting from noise. Similalrly, the smell generated is unlikely to cause unacceptable harm on neighbours, and is considered unlikely to exceed the levels consistent with the keeping of domestic dogs in residential areas. This risk is further reduced when the distance between the site and the closest residential dwellings is accounted for. No other impacts are considered likely other than traffic concerns addressed below in 6.5. - 6.4.2 The operation of neighbour commercial business is not likely to be impacted. The onus would be on dog owners and the day care staff to ensure that all animals are kept in order and that safety of those in the vicinity and the dogs themselves is maintained - as governed by relevant legislation. 6.5 Parking and highway safety - 6.5.1 The current access would remain as is, servicing not only the site but the wider industrial estate. It is considered that this access is sufficient to cope with any additional demand generated by dog owners dropping off and collecting their pets particularly during the morning and evening rush hour periods. With the exception of the few dwellings on the road and those parking at Douglas Head, traffic along the road is mainly that entering and exiting the Douglas Head Industrial Estate. There is sufficient road capacity, and no objection from Highways in this regard, to result in traffic increases being a reason for refusal in this instance. - 6.5.2 6 parking spaces are connected with the site in question, as described in 1.3 of this report. As the applicant has stated that 3 staff in total will be employed (including the owner), this would allow for 3 remaining spaces for customers. This is unlikely to meet the demand at peak periods, particularly if 40 dogs are booked into the centre. However, there is a large area of open concrete for turning and where vehicles could temporarily drop off dogs to be cared. The existing adjacent vehicle repair business is likely to see vehicles sitting on this concrete area. The level of demand would likely increase, but not insomuch as to be considered unacceptable for this industrial estate. - 6.5.3 There are DoI Highways objections mainly relating to the parking on site - which has been assessed above, and also the level of information regarding customer usage. The applicant has provided a response (30.06.19) which details their experience in operating and setting up dog day care facilities. The applicant has confirmed that in their experience, it is rare for more than two or three customers to be dealt with at once, so with the 6 parking spaces and staggered timing, it is not expected that there would be issues with "overlapping" of customers. They have confirmed than drop off times tend to be between 7.30 and 10.00, and pick-up from 16.00 to 18.30, with a maximum stay of 2-3 minutes per customer. It is considered that the applicants experience, and this information , provides further weight to the case officers consideration that parking and access demands on the site would not be inappropriate for the area. - 7.0 CONCLUSION 7.1 The proposal is considered acceptable in accordance with the designation within the Local Area Plan and the appropriate policies within the Isle of Man Strategic Plan 2016. It 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority. Decision Made : …Permitted……….... Committee Meeting Date:…15.07.2019 Signed :…………S CORLETT……….. 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. --- *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/29258-braddan-bays-3-change-of-use/documents/1043936*