**Document:** DEC Officers Report **Application:** 14/00429/C — Change of use of three existing retail units to a beauty therapy studio **Decision:** Permitted **Decision Date:** 2014-07-04 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/34744-braddan-units1-2-3-clinches-change-of-use/documents/1089600 --- # DEC Officers Report Case Officer: Mr Edward Baker Photo Taken: Site Visit: 24.04.2014 Expected Decision Level: Officer Delegation ## Officer's Report ### The Application Site 1. The application site is Units 1, 2 and 3, Clinches Court, North Quay, Douglas. The site forms part of the inner courtyard of Clinches Court next to the North Quay. It comprises three empty retail units. The site does not have a frontage to Bank Hill as the site location might suggest - it is below the shops fronting Bank Hill and within the courtyard at Clinches Court itself. 2. The site is within the Douglas North Quay Conservation Area. ### The Proposal 3. The application seeks planning approval for a change of use of the premises to a beauty therapist studio. No external alterations are proposed to the building. 4. The applicant mistakenly did not include one of the three units within the red line site location plan. The planning officer queried this and an amended site location plan was submitted. The application has been formally re-advertised. ### Planning History 5. There is no site history of particular relevance to the current application. ### Planning Policy 6. The site is zoned for mixed use (town centre) by the Douglas Local Plan 1998. 7. The Isle of Man Strategic Plan 2007 contains a number of policies that are considered specifically material to the assessment of this current planning application. ### Strategic Policy 4: 'Proposals for development must: [Table omitted in markdown export] - (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest; - (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and - (c) not cause or lead to unacceptable environmental pollution or disturbance.' Spatial Policy 1: 'The Douglas urban area will remain the main employment and services centre for the Island.' Spatial Policy 5: 'New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.' General Policy 1: 'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.' General Policy 2: '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: - (a) is in accordance with the design brief in the Area Plan where there is such a brief; - (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; - (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; - (e) does not affect adversely public views of the sea; - (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; - (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; - (j) can be provided with all necessary services; - (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; - (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; - (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and - (n) is designed having due regard to best practice in reducing energy consumption.' Environment Policy 35: 'Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.' Transport Policy 7 of the Isle of Man Strategic Plan 2007 states: 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.' ### Representations 8. Douglas Borough Council - no objection. 9. Highway Service - no comment. ### Assessment Whether the site is a suitable location in principle for a beauty therapist studio 10. The proposed use is considered appropriate for Clinches Court and accords with the mixed use town centre zoning of the area. The proposal would add to the vitality and viability of the town centre area and would support economic activity. The effect of the proposal upon the character and appearance of the Conservation Area 16. The site is located within a courtyard and no external changes are proposed to the buildings. It is considered that the character and appearance of the Conservation Area would be preserved. Impact upon adjacent land-uses 17. There is no reason to believe that the proposal would result in land-use conflicts with adjacent premises and land. Access and parking 18. There has been no objection or comments from the Highways Service. The site is a sustainable town centre location with good access to public car parks and public transport. The proposal will unlikely generate significant traffic over and above the previous situations. ### Recommendation 19. It is recommended that approval is granted. ### Party Status 20. The following parties should be afforded interested person status: The local authority, Douglas Borough Council is, by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. The Highway Service is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d. ## Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 23.06.2014 --- ### Conditions and Notes for Approval / Reasons and Notes for Refusal C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals #### 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. --- This approval relates to Floor plans received on 02 April 2014; and Site location plan (revised) received on 27 May 2014. --- I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer. **Decision Made:** Permitted **Date:** 3/7/14 #### Determining officer (delete as appropriate) **Signed:** _________________________ **Chris Balmer** Senior Planning Officer **Signed:** _________________________ **Michael Gallagher** Director of Planning and Building Control **Signed:** Sarah Corlett Senior Planning Officer **Signed:** _________________________ Jennifer Chance Head of Development Management --- --- *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/34744-braddan-units1-2-3-clinches-change-of-use/documents/1089600*