**Document:** Planning Officer Report
**Application:** 12/01355/C — Change of use from commercial / workshop to martial arts / boxing gym (retrospective)
**Decision:** Permitted
**Decision Date:** 2012-11-06
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/3449-braddan-2-4-derby-change-of-use/documents/1280538

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# Planning Officer Report

### Officer's Report

[Table omitted in markdown export]

#### The Application Site

1. The application site comprises linked single storey buildings located at the north eastern corner of Derby Square, close to the junction with Derby Road, in Douglas. The buildings have been used for a number of different commercial uses, the last authorised use was understood to be as a kitchen and bathroom showroom and workshop.

#### The Proposal

2. The proposal comprises the change of use of the buildings contained within the application from commercial/workshop to a martial arts/boxing gym.

3. The planning application states that the business hours for the use are 18:00 to 21:30 Monday to Friday (inclusive) and 11:00 to 14:00 Saturday. The application site contains seven on-site car parking spaces and it is stated that one member of staff would be on site at any one time.

4. Planning approval is sought retrospectively.

#### Planning History

5. The application site has been the subject of a number of previous planning applications, one of which is considered specifically material to the assessment of this current planning application:

6. Planning application 09/01624/B sought planning approval for the demolition of existing commercial buildings and erection of two town houses. This previous planning application was approved on the 12th April 2010 and is currently valid until the 12th April 2014.

#### Planning Policy

7. In terms of land use designation the application site is located within a wider area of land that is designated as predominantly residential use under the Isle of Man Planning Scheme (Douglas Local Plan) Order 1998.

8. The application site is located within the Windsor Road Conservation Area.

9. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application.

10. 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:

- (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."

11. Environment Policy 35 states:
"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."

REPRESENTATIONS

12. Douglas Borough Council has no objections to the planning application.
13. The Department of Infrastructure Highways Division do not oppose the planning application. They comment that Derby square is within a disc zone, but does not operate within the opening hours of the gym. Parking spaces have been provided by the applicant, and due to the central location, on street parking can be utilised within adjacent streets and promenade

## ASSESSMENT

14. The planning application solely proposes a change of use, there are no external alterations to the proposed building. As such, there are no visual impacts arising from the proposal meaning that the character and appearance of the Conservation Area is preserved.
15. The main considerations for the proposal are whether the use would affect the general amenity of the area and the amenity of surrounding private property to an extent that would warrant refusal of the planning application. In terms of the general amenity of the area it is considered that the use should not result in significant impact as the there are no external alterations to the building, there is car parking provided with the building and the use is arguably less intense than the previous use as a kitchen and bathroom showroom and workshop, or other use that did not require planning approval. Similarly, the impact on the amenity of surrounding private property is also considered to be acceptable due to the scale of the proposed use.

RECOMMENDATION

16. It is recommended that the planning application be approved.

## PARTY STATUS

17. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

Douglas Borough Council.

18. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Department of Infrastructure Highways Division.

### Recommendation

Recommended Decision: Permitted

Date of Recommendation: 05.11.2012

### Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
- : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the use of the building defined by the red line on drawing no. 02 as a martial arts/boxing gym.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 5/11/12

### Determining officer (delete as appropriate)

Signed : _________________________
Anthony Holmes
Senior Planning Officer

Signed : _________________________
Michael Gallagher
Director of Planning and Building Control

Signed : _________________________
Sarah Corlett
Senior Planning Officer

Signed : _________________________
Jennifer Chance
Development Control Manager

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*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/3449-braddan-2-4-derby-change-of-use/documents/1280538*