Officer Report

Application No.: 18/00724/B Applicant: CCSE Leisure Ltd Proposal: Variation of condition 6 of PA 09/00721/B, Erection of a three storey Leisure & Community Centre, to change the hours of operation Site Address: West Coast Fitness Close Beg Ballawattleworth Peel Isle of Man Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.10.2018 _________________________________________________________________

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The building shall not be open outside of the following time periods unless otherwise agreed in writing with the Department:

Monday to Friday - 0600 to 2100 hrs; Saturday - 0800 to 2000 hrs; Sunday and Bank Holidays - 0900 to 2000 hrs.

Reason: The Department has assessed the impact of the proposal on the basis of the specific times requested for within the application and any alternative opening times will require further consideration.

• C 3. The building may be used for leisure and community purposes only. Reason: To reflect the conditions of the approved use of the building PA 09/00721/B. Plans/Drawings/Information:

This approval relates to drawing numbers 18/2701/01, 18/2701/02 and 18/2701/03, and supporting statement all date stamped and received 12/07/2018. _______________________________________________________________

Interested Person Status – Additional Persons

NONE _____________________________________________________________________________

Officer’s Report

1.0 APPLICATION SITE - 1.1 The original application was submitted in 2009 and sought to operate 0630 - 2100 hours Monday to Friday, 0800 - 2000 Saturdays and 0900 - 2000 Sundays. Following assessment from the officer it was considered that the 0630 opening time Monday to Friday was beyond the realms of acceptability given that the site is in relatively close proximity to residential properties, this early time could give rise to disturbance caused by car engines and the opening of closing of car doors. The officer judged that 0700 Mon-Fri was an acceptable time and still allowed persons to use the gym before work. The application was approved in 2010 subject to a number of conditions including condition 6 which states:

"The building shall not be open outside of the following time periods unless otherwise agreed in writing with the Planning Authority: Monday to Friday - 0700 to 2100 hrs; Saturday - 0800 to 2000 hrs; Sunday and Bank Holidays - 0900 to 2000 hrs."

2.0 PROPOSAL - 2.1 The application now proposes the variation of condition 6 of PA 09/00721/B to allow for the earlier weekday opening time of 0600 - 2100 hours Monday to Friday. - 2.2 The opening hours for Saturday and Sunday are to remaining unchanged as 0800 - 2000 hours on Saturdays and 0900 - 2000 on Sundays.

3.0 PLANNING HISTORY - 3.1 Aforementioned the most relevant application in the assessment of the current is PA 09/00721/B for the original development of the gym building; this application was approved subject to a number of conditions including the operation hours. The full set of conditions for the application state:

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

• 2. This approval relates to the erection of a Leisure and Community Centre, Vacant Plot at Close Beg, Ballawattleworth, Peel as shown by 07-J064-SM 01, 07-J064-SM 04, DRWG 06 and Support Statement received 21st April 2009, 07-J064-SM 02 (Colour), 07-J064-SM 02, 07-J064-SM 03 and Photographs x 3 all received 3rd December 2009 and Proposed Plan Showing Planting For Screening and Proposed Site Plan received 18th March 2010.
• 3. All planting, seeding or turfing comprised in the approved details of landscaping shown Proposed Plan Showing Planting For Screening must be carried out in the first planting and seeding seasons following the completion of the development or use of the building, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

• 4. All first floor windows on the north eastern, north western and south western elevations of the approved building, must on installation be fitted with obscured glazing to at least level 5 of Pilkington's Guide to obscuration and shall be retained as such unless otherwise agreed in writing with the Planning Authority. Reason - To protect the amenity of adjacent properties.
• 5. The building may be used for leisure and community purposes only.
• 6. The building shall not be open outside of the following time periods unless otherwise agreed in writing with the Planning Authority:

Monday to Friday - 0700 to 2100 hrs; Saturday - 0800 to 2000 hrs; Sunday and Bank Holidays - 0900 to 2000 hrs.

• 7. The building may not be used until the access arrangements, parking spaces and manoeuvring space is provided in accordance with Proposed Site Plan."

3.2 Also relevant in the assessment of the current application are PA 04/00877/B for the amendments to approved neighbourhood shops and takeaway with apartments over, (03/00791B) which was approved without any conditions restricting the opening hours of the shops. - 4.0 PLANNING POLICY

4.1 Peel Local Plan 1989 zoned as 'Predominantly Residential'

4.2 While there is no specific policy relating the the alteration of opening hours for existing facilities, it is perhaps relevant to consider Community Policy 6 in the assessment of the application where new facilities or extensions to new facilities are proposed and their subsequent impacts on the surrounding area in which they sit. - 4.3 "Community Policy 6 states: "New community health care facilities and extensions to existing facilities will be permitted provided that they:

• a) would not result in an over concentration of such uses in a particular area;
• b) would not have an unacceptable effect on the residential or prevailing character or amenity of the area;
• c) would be easily accessible; and
• d) would not have an unacceptable impact on the local highway network."

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Peel Town Commissioners - No Objection (dated 04/09/2018)

5.2 DOI Highway Services - DNO - Do Not Oppose (dated 04/09/2018) o Traffic and parking demand is likely to be low between the hours of 6am and 7am and no new highway issues should arise from the development. - 6.0 ASSESSMENT

6.1 The existing gym is located within an established area of neighbourhood shops and services within a wider residential estate of Peel. The area includes the gym, a convenience shop, children's nursery, doctor's surgery, takeaway and public house. It would be reasonable to say that the coming and goings of traffic and people in this specific area is likely to be notably higher and more frequent than other areas of the residential estate and there is likely

to be a level of acceptability when it comes to the associated noise and smells when living in close proximity to such facilities.

6.2 Most recently the gym received approval for the erection of signage, during the assessment of this application it was noted that the opening hours Monday - Friday as stated on the website were outside of those conditioned by the original approval. This earlier opening time of 0600 was brought to the attention of the agent and subsequently address through this application.

6.3 It's evident that the business has been operating the earlier opening times for some time now (albeit without approval) but with no formal complaints, issues or enforcement cases being raised by the public or surrounding neighbours. Minded that the current application has also not received any objections from the Local Commissioners or any surrounding residents it's likely considered that the 1 hour earlier opening time of 6am is judged to be acceptable. - 6.4 Not to discount the earlier findings of the officer for the 2009 application, it would be reasonable to state that social change over recent years has led to an increased importance of the population's health and wellbeing and that the associated realms of acceptability have equally changed. It would be reasonable to say that the public would likely expect a sport facility such as a gym to be opening at 6am and closing early in the evenings in order to meet the demands of that specific clientele, whereas the expected opening times for a neighbouring public house would likely be 11am/midday and closing late in the evenings 12/1am. - 6.5 Given the established neighbourhood shop area in which the gym sits and the publically accessible space surrounding the gym at any time and the unrestricted opening hours of the neighbouring shops, it is not expected that the earlier opening time of 6am will bring about such a change in the use of the gym or the numbers visiting to warrant a concern on the impact of the general living conditions of the immediate neighbours.

- 7.0 CONCLUSION

7.1 For the above reasons it is considered that the application for the variation of condition for the opening hours be approved. - 8.0 INTERESTED PERSON STATUS

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:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 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 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 15.10.2018

Determining officer

Signed : J CHANCE Jennifer Chance

Director of Planning and Building Control

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