**Document:** DEC Officer Report **Application:** 22/00519/C — Change of use of first floor to a gaming lounge **Decision:** Permitted **Decision Date:** 2022-09-05 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/8905-lezayre-concorde-house-change-of-use/documents/950582 --- # DEC Officer Report ## PLANNING OFFICER REPORT AND RECOMMENDATION **Application No.:** 22/00519/C **Applicant:** Mr Paul Shanley **Proposal:** Change of use of first floor to a gaming lounge **Site Address:** Unit 2 Concorde House Westbourne Road Ramsey Isle Of Man IM8 2ER **Planning Officer:** Mr Paul Visigah **Expected Decision Level:** Planning Committee **Recommended Decision:** Permitted **Date of Recommendation:** 26.08.2022 ## 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals. - C 2. No customers shall be served or remain in the building outside the following hours: During school term time - - o 4pm-8pm Wednesday and Thursday, - o 4pm-10pm Friday, - o 10am-10pm Saturday, - o 10am-4pm on Sunday. During school holidays - - o 10am-8pm Monday -Thursday, - o 10am-10pm on Friday and Saturday, and - o 10am-8pm on Sunday. Reason: The application has been assessed on this basis as requested in the application form and in the interest of amenity. - C 3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019, the use hereby approved shall be limited to the proposed leisure and recreational use. - Reason: In the interest to protect the character and uses of the neighbouring properties. - C 4. The proposed gaming lounge hereby approved shall only support a maximum of 24 Customers (Gamers) at any given time. Reason: For the avoidance of doubt and to ensure the development takes place in accordance with the approved details. This application has been recommended for approval for the following reason. The application complies with General Policy 2, Business policy 1, and Paragraph 10.5.3 of the Strategic Plan, and would not result significant adverse impacts on private or public amenity, or highway safety. Plans/Drawings/Information; This approval relates to the submitted documents and drawings all received on 26.04.2022 _______________________________________________________________ ## Interested Person Status Additional Persons It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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 4(2): 16 Westbourne Road, Ramsey; 20 Westbourne Road, Ramsey; 22 Westbourne Road, Ramsey; Abbey Property Renovation Ltd, Unit 4, Concorde House, Westbourne Road, Ramsey; 14 Westbourne Close, Ramsey; 16 Westbourne Close, Ramsey; As they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. 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 4(2): 10 Westbourne Road, Ramsey; 9 Westbourne Close, Ramsey; Croit Nell, Cornaa, Ramsey, (IM7 1EG). 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 REFERRED TO THE PLANNING COMMITTEE AS THE APPLICATION IS RECOMMENDED FOR APPROVAL AND THERE ARE MORE THAN 4 OBJECTIONS FROM MEMBERS OF THE PUBLIC ## - 1.0 THE SITE 1.1 The application site comprises Units 2 Concorde House, Westbourne Road, Ramsey. Which is a first floor unit on this property. The building is a commercial property known as Concorde House, an L, shaped building, two storeys high with a flat roof. The building comprises 5 Units (1, 2, 3a, 3b and 4) which sit to the east of Westbourne Close. - 1.2 The building is set back from the edge of the highway with parking fronting onto the highway. To the north of the site is the bus station, bus garage and parking area for the buses. To the east is Elim church "Church on the Rock". To the south and west are generally two storey terraced, residential properties and some semi-detached dwellings. To the immediate south of the building is a lane that connects onto Princess Road to the east of the site. 2.0 PROPOSAL - 2.1 This application seeks approval for the change of use of the first floor (Unit 2) only to a gaming lounge. There are no external alternations proposed. - 2.2 The gaming lounge will comprise three key rooms and corridor, while the kitchen would serve as waiting area for parents: - i. One room would house a large projector and screen linked up to a PS5, this would be the VIP room which people could hire out, the corridor would house small arcade machines and older consoles; - ii. One room would then house various Nintendo consoles; - iii. The largest room would be the "Gaming Room" with 10 modern consoles, - iv. Maximum occupancy of the VIP room would be 4 customers, while maximum occupancy of the other rooms would be 20 customers. 2.3 The proposed opening hours would be: - i. During school term time - - o 4pm-8pm Wednesday and Thursday, - o 4pm-10pm Friday, - o 10am-10pm Saturday, - o 10am-4pm on Sunday. - ii. During school holidays - - o 10am-8pm Monday -Thursday, - o 10am-10pm on Friday and Saturday, and - o 10am-8pm on Sunday. 2.4 The site has access to one parking space on the ground floor parking area, although this is not indicated as being within the red line boundary on the application documents. - 2.5 The applicants have further indicated that: - o The building is situated on a part residential street with little available free parking. However, there is plenty of parking available nearby with the old Albert School car park as well as lots of parking near the Coronation Park. - o Most of the customers to be within walking distance. - o They will have notices on their website and alert anyone that books that parking is not available on site. - o They will also look to encourage bus travel to the site from further away by offering money off the entrance fee on production of a valid bus ticket for that day (or proof you have purchased one). - o Although the older machines do produce some sound they are not loud and shouldn't be heard below. - o The newer consoles will all have headsets provided so no sound will come from them - o On the nights they stay open to 10pm, they will ensure everyone has left the premises by 10pm at the latest. - o They wouldn't expect loud noise or rowdiness from the people who would use the Gaming lounge so this shouldn't be an issue for the neighbouring houses. - o They may put up window decals at the front, in the kitchen area and on the front entrance. - o The ground floor is currently occupied by a doggy day care centre. 2.6 The justification given by the applicant for the proposed scheme is that the proposal would offer less sporty people in Ramsey somewhere to go and enjoy themselves. They also note that the gaming lounge is also somewhere the whole family could go together if the parents have an interest as they are more likely to enjoy the nostalgia aspect. They state that they plan to offer autism friendly periods once a month and offer the use of the VIP room as a potential reward for students at Ramsey school. - 2.7 The applicant notes that they previously had planning approval for the same purpose for 2/4 Peel Street in Ramsey. However, this has been discontinued due to various factors. They have, however, not stated why the use has been discontinued at the other site. 3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Ramsey Local Plan 1998 Map 2 (south), and the site is not within the Ramsey Conservation Area. The site is not prone to flood risks, although the parking area is considered to be within a High Risk Flood zone (River and Tidal). - 3.2 On the Draft Area Plan for the North and West, the site is classified as being within the town centre and within a 'Transition Zone' where: - i. Employment opportunities are to be focused (See Paragraph 5.2.7); - ii. A key issue to be addressed is "Optimizing the use of… centrally located sites which are vacant or underused and in a poor state of repair" (Paragraph 5.3.3 (5)); - iii. Future uses should support an extended economy into the evening hours (Paragraph - 9.8.1); - iv. Acceptable land uses include civic land uses, leisure uses, bulky goods retailing and public transport hubs (Paragraph 9.10.5); 3.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application; - 3.4 General Policy 2 (GP2) (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: (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 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan. - 3.6 Environment Policy 22 states: 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. 3.7 Paragraph 10.5.3: "It is one of Government's general policies to promote equity and equality of access to education, health, community and recreation facilities, services and the wider environment for all sectors of the community". - 3.8 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. - 3.8.1 The current standards are set out in Appendix 7: Assembly and leisure (includes cinemas, meeting halls, swimming baths, leisure centres, and the conference and leisure facilities of hotels) - 1 space per 15 square metres gross floor space. - 4.0 PLANNING HISTORY 4.1 The application site has been the subject of a number of previous planning applications over the years that are considered specifically material to the assessment of this current planning application. - 4.2 Approval was granted in 2018 under PA 18/00482/C for Change of use from Dental Laboratory and associated office accommodation to Dog Day Care. The scheme proposed to use unit 1 on the ground floor and unit 2 on the upper floor for the doggy day care. The first floor (unit 2) which is the subject of the current application was to serve a storage room, office, shared kitchen and toilet facilities and staff room. This doggy day care is still in operation, although the submitted details for the current application suggests that the doggy day care currently operates only on the ground floor. - 4.3 PA 05/00212/C for Change of use from existing office / light industrial usage to dwelling. Withdrawn. - 4.4 PA 05/01124/A for Approval in principle for the erection of a residential development of one house and two flats with front gardens and off street parking to replace existing office/light industrial unit. Approval extended to 4/8/08. - 4.5 PA 91/00508/C for Change of use of first floor from office to dental laboratory with office accommodation, Concorde House, Westbourne Road, Ramsey. Approved - 4.6 PA 98/01680/A for Approval in principle for conversion of warehouse, stores and offices for residential use, 17 & 18 Westbourne Road, Ramsey. Approved. - 4.7 91/00046/C for Change of use from warehouse to snooker club, Concorde House, Westbourne Road, Ramsey. - Refused (on review) - 4.8 PA 87/04681/C for Change of use of ground floor to warehousing and retail outlet and first floor offices, Concorde House, (formerly Westbourne House), Westbourne Road, Ramsey. Approved (on review) 5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. 5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' (5 May 2022). - 5.1.1 Further to receiving a significant number of objections relating to highway/parking concerns, DOI Highways were contacted for further comments. The comments received 24 August 2022 States thus: - o The issue raised is an amenity issue which is not restricted to attendees / visitors as vehicle drivers. - o Potentially, users could meet in groups on-street. - o The site is centrally located within walking distance of public transport and other parking both off and on-street. - o Users may be dropped off and picked up too and not necessarily in Westbourne Close. There is access from Princes Road too. - o The Applicant is intending to advise users of travel arrangements through its website and on booking, such as for the location of car parks and to encourage users to walk and use public transport through discounts on entry fees. - o A road is for access and passage. - o On-street parking is tolerated on first come first served basis and there is no guarantee - of parking outside one's own property. o Drivers should park in accordance with the IOM highway code. 5.2 Ramsey Town Commissioners have no objection to this proposal (24 May 2022). - 5.3 The Owners/occupiers of the following properties object to the application: - o 10 Westbourne Road, Ramsey; - o 16 Westbourne Road, Ramsey; - o 20 Westbourne Road, Ramsey; - o 22 Westbourne Road, Ramsey; - o Abbey Property Renovation Ltd, Unit 4, Concorde House, Westbourne Road, Ramsey; - o 9 Westbourne Close, Ramsey; - o 14 Westbourne Close, Ramsey; - o 16 Westbourne Close, Ramsey; - o Croit Nell, Cornaa, Ramsey, (IM7 1EG). - 5.3.1 These object to the application on the following grounds: - In adequate parking in the area. o The property already operates a doggy day care facility which exerts significant pressure on existing parking provisions for the building and area. o There is an extant approval for the use of unit 2 as part of a doggy day care centre under PA 18/00482/C which has not been altered by a subsequent planning approval. As such, the scheme would conflict with that approval. o Drug related matters existing in the area (they suggest this venue will become a local drugs selling point, taking over from the one currently on the street), o Potential for disorderly behaviour/anti-social activities. o Traffic congestion, o Concerns with fire safety. ## - 6.0 ASSESMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; - i. the principle of development; - ii. the impact on the surrounding area, and - iii. the impact upon highway safety/parking. ### 6.2 The Principle - 6.2.1 In assessing the principle of the proposed use which falls within commercial/leisure use, it is considered that the use of the building 'Concorde House' for commercial purposes is established even though the predominant use within the locality is residential. As well, the unit has an established commercial use which is evident in its history of previous uses. It should, however, be considered that the site is within a section of Westbourne Road dominated by non-residential uses, more notably the bus station to the north of the site. - 6.2.2 Another factor that bodes well for the scheme is the fact that the site is zoned as being within the town centre and transition zone on the Draft Area Plan for the North and West, where the proposed use would pass for the acceptable use, with its timing of operations and nature of activity considered vital in creating employment opportunities, extending the local economy into the evening hours, and promoting leisure activities (See paragraph 3.2 above). - 6.2.3 Equally, the use of the unit as a gaming lounge would be relatively in keeping with the residential character of the locality given its purpose to offer a facility that positively contributes to the range of leisure activities for the local community, which would be open for visiting members of the public which includes children, young adults and mature members of the community. - 6.2.4 Furthermore, there are a mix of uses in the surrounding area (within a 300m radius), some of which operate late into the night, such as food and drink, hairdressers, dine in restaurants, public houses, community hubs, coffee shops, and café's. The current application has been advertised with a specific set of opening times as requested in the supporting statement and so the current application must be considered on this basis. The proposed hours are unobjectionable, they would not be out of keeping with surrounding commercial uses nor step outside of those typically expected within such a location within close proximity to the existing town centre. - 6.2.5 Based on the foregoing, and as the proposed use would comprise a commercial operation, it is considered that the proposed use as a gaming lounge would be acceptable. 6.3 Impact on surrounding area - 6.3.1 In terms of impacts on surrounding area, the key concern here bothers on the possibility of the scheme resulting in increase of antisocial behaviour. Whilst the comments regarding drug use in the area and potential for increase in anti-social behaviour are noted, it is not considered that a change of use to a recreational use would impact on the wider area, nor would it conflict with adjacent uses on the street and broader locality. This is hinged on the fact that such leisure uses are not restricted to minor or teenagers which are more associated with antisocial behaviour as adults also partake in gaming activities as a form of leisure. In fact a recent report by the Guardian dated 28 April 2021 and built on an Ofcom research concluded that over 62% of UK adults played video games during the pandemic (Guardian, 28 April 2021). It is vital to note that a number of the children coming to the facility may be accompanied by their parents as provision is made for parents via the creation of a waiting area, and this would serve to provide some level of supervision to the visitors to the site. Based on the foregoing, it would be misleading to conclude that the proposed use would result in increase in antisocial behaviour. - 6.3.2 Similarly, the scale of the proposed development which would only accommodate a maximum of 24 users at any given time is not considered to be sufficient to result in significant increase in antisocial behaviour as has been anticipated. Besides, there are controls within other legislation outside planning to manage issues related to antisocial behaviour should they arise. - 6.3.3 Noting the site is within a predominantly residential area, it would be appropriate to limit the use of the proposal by a condition to that as per the application and prevent any subsequent change of uses without seeking planning consent. This would serve to ensure that the activities do not continue beyond the time that has been stipulated. - 6.4 Impact on parking/highway safety - 6.4.1 In terms of possible impacts on parking and highway safety, it is considered that the unit is situated within a commercial building where it is expected that there would be a high turnover of visitors and its attendant parking requirements or pick up and drop offs along the highway. - 6.4.2 As well, the unit has supported a variety of uses such as warehousing and retailing, use as dental laboratory, and dog grooming business; activities which are not known to have low visitor numbers and vehicular traffic. As such, it is not considered that the proposed use as a gaming facility where customers are known to spend longer hours due to the nature of gaming would significantly increase the pressure on parking and its resultant highway safety concerns, beyond that which has been attainable at the site. It would be important to note here that Concorde House, houses the Elim church which should be associated with high visitor numbers, and this has not created unacceptable impacts on parking in the area. As such, it is not considered that the scheme as proposed would considerably exacerbate parking and highway challenges than is currently attainable along Westbourne Road. - 6.4.3 Another factor which is worthy of consideration is the fact that the site is within close proximity to a number of large parking provisions within Ramsey, as well as being close to a public transport corridor, where parking should not be a concern. - 6.4 The advice offered by DOI Highways who are the professionals tasked with providing professional advice on highway safety concerns confirm that there would be no concerns with parking and highway safety. These clearly suggests that parking and highway safety should not be a concerns for the development. As such, it is not considered that there would be any concerns with regard to parking and highway safety resulting from the proposed development. - 6.5 Other Matters - 6.5.1 The comments regarding the description of the proposal are noted. However, the intention of the scheme is well defined on the form and supporting information that they seek a change of use. Whilst the application details has not specifically indicated a change of use from the previously approved use under PA 18/00482/C which is the currently approved use of the unit, it seeks a change of use. As such, it is not considered that the application does not properly define what it seeks approval for. - 7.0 CONCLUSION 7.1 Overall it is considered that the proposal would comply with the land use designation of the of the area, the proposed designation as being within the Draft Area Plan for the North and West as a 'Town centre' and 'Transition Zone' location, and will not result in any unacceptable amenity impacts on the town centre location or neighbouring uses. The application is therefore considered to be acceptable complying with General Policy 2, Business policy 1, and Paragraph - 10.5.3 of the Strategic Plan. 7.2 As the application has been advertised with a specific set of opening hours on which members of the public would have also viewed the application, it means that this shall be conditioned accordingly. Any changes to these would need to be subject to a separate new application. 9.0 INTERESTED PERSON STATUS - 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: - (a) the applicant (including an agent acting on their behalf); - (b) any Government Department that has made written representations that the Department considers material; - (c) the Highways Division of the Department of Infrastructure; - (d) Manx National Heritage where it has made written representations that the Department considers material; - (e) Manx Utilities where it has made written representations that the Department considers material; - (f) the local authority in whose district the land the subject of the application is situated; and - (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 9.2 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 4(2) 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 that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status. Decision Made : Permitted Committee Meeting Date: 05.09.2022 Signed : P VISIGAH 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/8905-lezayre-concorde-house-change-of-use/documents/950582*