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Application No.: 18/00011/B Applicant: Wordsworth Investments & Enterprises Ltd Proposal: Alterations to units 1, 2 and 3, and conversion of unit 1 from retail (Class 1) to a dog day care centre Site Address: Units 1, 2 And 3 The Warehouse Demesne Road Douglas Isle of Man IM1 3DS Case Officer : Mr Owen Gore Photo Taken: 07.02.2018 Site Visit: 07.02.2018 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 19.02.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
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.
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.
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 Planning permission relates to the following plans and documents: Agent Letter
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following persons should not be given Interested Person Status on the basis that although they have made written submissions, 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):
Support Owner/occupier of 36 Demesne Road Owner/occupier of White Lodge Owner/occupier of Showroom, Demesne Road
Object
It is recommended that the following persons should be given Interested Person Status on the basis that they have made written submissions and they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are mentioned in Article 6(4):
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NATURE OF THE PROPOSAL AND THE LEVEL OF OBJECTIONS RECEIVED
1.1 The application site is an established commercial site within a predominantly residential area. The rear (south/south east) of the site, separated by an alleyway, backs on to the properties that front Allan Street, approx. 6m away. To the side (north east) of the building is a highway and the residential property beyond is approx. 14m away. Opposite (north west) the site is the former primary school, which is no longer in use. The buildings to the south west, on both sides of Demesne Road, down to Westmoreland Road, have a mix of uses, mostly commercial. - 1.2 The application site is a single building that forms three units, unit 1 (class 1 retail use), unit 2 (class 6 storage or distribution use) and unit 3 (class 5 light industry use i.e. a garage). Units 1, 2 and 3 have been described as separate units and it is understood that they are formally separate; however it appears that generally the building has been used by the previous occupants of the site as a whole. The existing garage in unit 3 was associated with the retail use in unit 1 and both businesses used unit 2 as storage. THE PROPOSAL
2.1 The proposed physical alterations to the building include creating a new external access to the ground floor on the front elevation and an emergency exit at first floor on the side elevation with escape ladder, both for use by unit 2. Unit 1 will be changing use from a retail (Class 1) use to a dog day care centre (sui generis) and will include internal changes to accommodate the proposed use. Alterations to unit 3 are also internal, to accommodate the separation of the units, as there is a loss of access to the currently shared kitchen and toilets. - 2.2 The proposal includes the change of use of unit 1 from a retail (Class 1) use to a dog day care centre (sui generis). The internal changes will include erecting partition walls to house the rooms required to support the business; these will act as a buffer between the main play room and the external walls. - 2.3 The applicant has provided a description of how the business will be run. The originally indicated occupancy number of 40 is understood to have been estimate and at the start the business will cater for approx. 5 or 6 dogs per day and increase slowly. The business will include a puppy room and a quiet room, to separate the dogs onsite and the majority of dogs will be in the main play room. The maximum number of dogs that are envisioned to be in the building at any one time will be 30. - 2.4 The drop off in the mornings will be staggered and many of users are expected to have more than one dog. Some of the dogs will only be onsite for half days as the service is run for the convenience of the customer rather than a rigid shelter situation. PLANNING POLICY
3.1 The site is within the Douglas Local Plan area and is shown on Map No.1 (Central Area) as being within a Predominantly Residential Area. The site is not within a Conservation Area. - 3.2 The proposed use for the car 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
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 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'. PLANNING HISTORY
4.1 A previous planning application has been granted on the site 87/00598/B for alterations to convert warehouse to car showroom. The history of the site is not considered to be specifically material in the assessment of the current application.
REPRESENTATIONS The following is a summary of the representations received; the comments can be read in full on the Government website.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that the site parking and the existing on-street capacity in the area is considered adequate to meet the parking demand that would be generated by the development, dated 14 February 2018 (previous highway response requested additional information, dated 23/01/18).
5.2 Douglas Borough Council have commented on this application and stated that they do not object in the letter dated 18 January 2018.
5.3 Comments have been received from a number of neighbouring properties. There have been 3 letters of support and 14 letters of objection. The principle planning issues raised are as follows: -
5.4 Other matters have been raised such as: -
ASSESSMENT The key considerations are as follows: -
The principle of development (SP1, 2, 10 & BP2)
6.1 The application site is an existing building within Douglas. The area is zoned as predominantly residential and the previous use of the site commercial. The site consists of a group of established commercial units which have operated from the site for a number of years. The existing retail use of unit 1 is located out of the main town centre and there is no specific policy protecting this use. 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. The principle for the change of use is acceptable, subject to the considerations below. Character and appearance (GP2 parts b & c)
6.2 The proposed physical changes are minimal and would not unacceptably harm the characteristics of the existing building or the character of its surroundings. Impact on neighbours (GP2 part g & EP22 part iii)
6.3 In terms of noise, the sound of barking dogs can be a nuisance. However, in this case, the dogs are kept inside whilst being looked after and it is accepted, and has been accepted previously for similar proposals, that it is not in the interests of those working within the building to have dogs barking loudly, frequently or constantly and as such, it is accepted that the applicant will do all she can to reduce noise levels within the building. - 6.4 The applicant has indicated that the current insulation in the building is good in terms of its construction. The main play room of the day care is in the centre of the building, surrounded by ancillary parts of the business, including the toilet, kitchen, quiet room, stores, and utility rooms. There is an existing storage use above the unit that was witnessed by the case officer whilst onsite to be full of goods associated with the garage use next door. The existing garage use appeared to be popular and used numerous mechanical plant and machinery in connection with the business. The combination of these factors is considered likely to dampen any noise generated by the use. - 6.5 Although it is probable that some noise will be audible from outside of the site, it is likely to be low in volume and intermittent, not a significant, constant nuisance. The hours of operation
6.7 Following the previous highway response dated 23/01/18, the applicant has provided additional information to clarify the parking requirements for the development and Highway Services undertook a site visit. The infant school opposite the site is no longer in use. The side road adjacent to the former school is subject to a 2 hour disc zone on both sides operating Monday to Friday 8am to 6pm, apart from a short section of 'No Waiting at Any Time' restrictions on both sides adjacent to the junction with Demesne Road. - 6.8 Appendix 7 of the Strategic Plan provides parking standards which new development is expected to provide. However as this is a sui generis use, there is no specific requirement identified and reasonable judgment must be made. Highways have reviewed the application and have confirmed that the site parking and the existing on-street capacity in the area is considered adequate to meet the parking demand that would be generated by the development. Other matters - 6.9 Other matters included the business potentially operating as a boarding kennel or leading to dogs being kept onsite over night; this use has not been proposed and doing so would require separate planning permission; this aspect can be controlled by a condition. Appropriate management of waste is within the applicant's interest as much as keeping the dogs quiet, improper disposal would contravene laws outside of planning legislation and can be dealt with through environmental health legislation; this aspect too can also be controlled by condition. - 6.10 Issues such as increased dog foul in the surrounding area or animal cruelty have been suggested. However is not acceptable to assume that the applicant will not conduct their business in a lawful manner and as above, such actions would contravene laws outside of planning legislation. - 6.11 The pre-emptive advertising on social media and signage on the owners van is outside of the Department's control and the applicant has advertised the business at their own risk. Decreased property values are not a material planning consideration and as such will not be taken into account.
7.1 The impact of the external alterations is minimal and is not considered to have a significant impact on the character of the building or the surrounding area. The change of use, whilst
there will be some impact, due to the times the business will operate, the contained nature of the main aspect of the business, and the existing, established commercial uses of the units, the impact to neighbouring properties is not considered to be so significant as to warrant refusal. The onsite and on-street parking provision is considered adequate. The proposal is therefore in accordance with the land use zoning and with General Policy 2 and Environmental Policy 22.
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:
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: 26.02.2018 Signed : O Gore Presenting Officer Further to the decision of the Committee an additional report/condition reason was required YES/NO See below PLANNING COMMITTEE DECISION 26.02.2018
Application No. : 18/00011/B Applicant : Wordsworth Investments & Enterprises Ltd Proposal : Alterations to units 1, 2 and 3, and conversion of unit 1 from
retail (Class 1) to a dog day care centre
Site Address : Units 1, 2 and 3 The Warehouse Demesne Road Douglas Isle of Man IM1 3DS
Presenting Officer : Mr Owen Gore
Addendum to the Officer’s Report
At the meeting held on the 26th February 2018, the case officer revised his recommendation to add that the owners/occupiers of 33a & b Demesne Road should also be given Interested Person Status.
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