**Document:** Planning Officer Report Recommendations **Application:** 10/01179/C — Change of use of existing industrial unit to a fitness centre **Decision:** Permitted **Decision Date:** 2010-09-27 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/36897-malew-aalin-court-change-of-use/documents/1358996 --- # Planning Officer Report Recommendations **Application No.:** ** 10/01179/C ** **Applicant:** ** Mr Mark Preston ** **Proposal:** ** Change of use of existing industrial unit to a fitness centre ** **Site Address:** ** - Unit E - Aalin Court - Balthane Industrial Estate - Balthane - Ballasalla - Isle Of Man ### Considerations **Case Officer:** Miss S E Corlett ** **Photo Taken:** ** 15.09.2010 ** **Site Visit:** ** 15.09.2010 ** **Expected Decision Level:** ** Planning Committee ### Written Representations - **33 Ballaquark Douglas Isle Of Man IM2 2EY** | Interest expressed ### Consultations **Consultee:** Highways Division **Notes:** Do not oppose has no traffic management, parking or road safety implications. **Consultee:** Malew Parish Commissioners **Notes:** object ### Officer's Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THERE IS AN OBJECTION FROM THE LOCAL AUTHORITY AND THE APPLICATION IS RECOMMENDED FOR APPROVAL. #### The Site The site represents part of an existing industrial building situated on the south western side of the Balthane Road within Balthane Industrial Estate in Ballasalla. The building is a relatively new one which sits to the rear of two existing and two permitted new industrial units. The unit is approximately 7m by 8m. #### Planning Status The site lies within an area of Industrial use on the Town and Country Planning (Development Plan) Order 1982 and the draft Southern Area Plan which was published on 23rd October, 2009. #### Planning History Planning permission was granted for the erection and extension of the industrial units under PAs 06/1646, 06/1171, 04/1704 and permission was granted for the use of some of the units for storage under PA 05/0532. ## The Proposal Now proposed is the use of the unit as a gym/fitness centre. There is no Use Class in the Town and Country Planning (Permitted Development) Order 2005 for this use and as such is sui generis use - ie of its own kind. The use would be carried out Monday to Friday inclusive between the hours of 6 pm and 9 pm . The applicant suggests that this is a quiet time. They anticipate a maximum of 12 clients at any one time and as the majority of their clients are already known to them they are aware that a fair amount of car sharing is apparent. they have indicated fifteen spaces within the immediate area which could be used to accommodate clients' vehicles. ### Representations A resident of Douglas indicates that he only has an academic interest in the application but makes no comments on it. Highways and Traffic Division indicate that they have no objection to the application Malew Parish Commissioners object to the application as the site should be reserved for light industrial use only and the proposed use would be out of keeping with the rest of the estate. ### Assessment The prevailing land use is industrial - both in terms of existing and authorised uses. The proposed use is not in accordance with this but which would not fit automatically into any other use or use class. Other gymnasiums/fitness centres on the Island are situated within areas designated for Predominantly Tourism (Body _ Mind, Loch Promenade, Silhouette, Empire Terrace), Light Industrial (Body Shack, Kingswood Grove, Nautilus, Peel Road), Tourism _ Leisure (Sefton Hotel, Harris Promenade, Mount Murray, Santon, Hilton hotel, Central Promenade), Predominantly Offices (Karma, Victoria Street and Samantha Walker, Victoria Street), Predominantly Shopping (Signature Rooms, Tower House, Castle Street). Planning permission was refused for the change of use of the furniture store at Marion Road in Onchan, within a Residential designation, for reasons relating to a lack of parking and a detrimental impact on adjacent residents. In the case of the current application, the units to the north appear to be used largely for storage as they are small units. At the time of the site visit there were only four vehicles parked alongside the units and none parked in the vicinity of the application unit. The unit is presently used as the officers of Office Relocation Services Ltd and alongside is Moto-Syko - a "pit bike racing association". There would appear to be no problem with parking spaces in the day time when it is likely to be more busy however, the proposed use is to be carried out in the evenings when the parking is likely to be available in greater quantities. The unit is not large and is not likely to result in significant levels of traffic. In summary, whilst the site is not designated for fitness or recreation, the proposed use would not fit comfortably within an alternative use class and it is evident within the Island that gyms and fitness facilities are already accommodated within industrial areas without difficulty, sometimes complementing the surrounding uses due to differing times of usage. The application is as such recommended for approval. ### Party Status The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. The resident of Douglas is not directly affected by the development and gives no comments so should not be afforded party status in this instance ## Recommendation Recommended Decision: Permitted Date of Recommendation: 15.09.2010 ### 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 permitted shall commence before the expiration of four years from the date of this notice. C 2. This permission relates to the use of the unit as shown in drawings AT 652.3 Rev 4, AT 652.2 Rev 3 and the detailed floor plan all received on 9th August, 2010 as a fitness centre. C 3. The use as a fitness centre may be operational only between the hours of 1800 hrs and 2100 hrs Monday to Friday inclusive. I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made : Authority Meeting Date : Signed : Presenting Officer Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO --- *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/36897-malew-aalin-court-change-of-use/documents/1358996*