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Application No.: 16/01386/C Applicant: Mr Peter Krejci Proposal: Change of use from light industrial to a gym Site Address: Unit 2 The Shipyard Shipyard Road Ramsey Isle Of Man IM8 3DT Case Officer : Mr Chris Balmer Expected Decision Level: Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE BECAUSE THE PROPOSED USE IS CONTRARY TO THE LAND USE ZONING FOR THE SITE.
1.0 THE APPLICATION SITE - 1.1 The application relates to Unit 2, The Shipyard, Shipyard Road, Ramsey. The unit is one of a block of six units within the Shipyard Complex south of Marsden Terrace and north of Ramsey Harbour. Unit 2 is situated in the southern-most block of industrial units and is accessed via the estate road (Shipyard Road) which continues in a northerly direction from the entrance of the industrial estate to the junction with North Shore Road.
2.0 THE PROPOSAL - 2.1 The proposal for a change of use of the unit from industrial use to a gym. The business is entitled 'Crossfit' which the applicant indicates is an American based company which started in 2000 and has grown to be a worldwide known exercise program specifically designed to improve fitness and health. - 2.2 The applicant believes that with the existing property being near to the site, close to the town centre and the number of houses being built in the area of North Shore Road the business would add to the regeneration of the area and allow persons to walk or cycle to the gym. The site does also have three designated parking spaces fronting the unit and the applicant indicates there are a large number of car parking spaces in and around the nearby Mooragh Park area. - 2.3 The unit measures approximately 11.9 metres by 8 metres resulting in a total floor area of approximately 95 square metres. The application site includes the unit only and three off road parking spaces. The applicant indicates the opening hours of between 6.30am and 8.30pm; however the vast majority of sessions will be before 9am and after 4pm. All sessions will be instructor lead and for a restricted number of clients of between approximately six to eight people. Between 9am and 4pm the applicant would offer one to one training and a small number of secessions.
3.0 PLANNING HISTORY - 3.1 The more recent history of the site and wider industrial estate is summarised below.
3.2 Approval in principle to change of use from factory units to bakery, Units 2 and 4 88/01344/A - APPROVED - 3.3 Erection of six light industrial units - 86/00921/B - APPROVED - 3.4 Approval in principle to development of industrial units with access, circulation and parking 86/00622/A - APPROVED
4.0 PLANNING POLICY - 4.1 The site is within an area designated as 'Light Industrial Use' under the Ramsey Local Plan Order 1998. The site is not within a Conservation Area. - 4.2 There are no specific policies in the Isle of Man Strategic Plan 2016 that are considered applicable to the proposed use. The proposed use is not industrial so represents a departure from the authorised use of the site (as well as its Local Plan designation). The use would not fit automatically into any other use or use class. - 4.3 It is worth noting that other gymnasia/fitness centres on the Island are situated within areas designated for a variety of different purposes. These include 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). More recently, planning permission was granted in 2012 for the change of use of an industrial unit at the Spring Valley Industrial Estate, Braddan to a fitness gym. - 4.4 The Strategic Plan chapter on Sport, Recreation, Open Space and Community Facilities opens by stating 'The quality of life on the Island and the quality of our environment are improved by attractive open space and by facilities for recreation and other community purposes...the Strategic Plan needs to facilitate sport and recreation opportunities' (paragraphs 10.1.1 and 10.3.3). The Chapter goes on: 'New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings'. - 4.5 In more general terms, Transport Policy 1 of the Strategic Plan 2007 states that 'New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes.'
5.0 REPRESENTATIONS - 5.1 Ramsey Town Commissioners have no objection to the proposal. - 5.2 Highway Services initially objected to the application their concern being a lack of parking spaces. In their assessment 6 parking spaces should be provided for a floorspace of 96sqm even allowing for some customers arriving on foot, bicycle or motorcycle. They had additional concerns that there may be an overlap of customers arriving and leaving and that this may also conflict with commercial traffic that also begins relatively early in the morning. Highways Services have since revised their comments and withdrawn their objections, they state:
"Following receipt of additional information from the applicant regarding the availability of car parking and the agreement he has with the tenants of units 3 & 4 I have spoken to [DOI Estates and they] confirm that the leases for the units do not include exclusive use of the allocated parking. Each unit 'has the right to use the (the 3 spaces in front) along with all the other users of the estate'. If the current tenants of units 3 & 4 are not inconvenienced by the additional parking generated by unit 2 then this seems to be a good plan. The only concern I would have is if the tenants change and their operating hours are different to the current tenants.
Regarding the public parking indicated by the applicant, sites labelled A, B & C are not public highway and unless there is an agreement with the landowner cannot be counted as available car parking. The other areas are unrestricted parking and are currently well used; we have recently implemented 2 areas of double yellow lines to prevent refuse vehicles being obstructed by on road parking.
Highway Services objected to the change of use at Kirby Park Industrial Estate, however we were late in submitting our comments and the decision was made prior to our submission. Where a change of use will result in an increased parking requirement it is incumbent on the applicant to demonstrate that the additional vehicles will not cause highway issues.
In this case the applicant has secured the use, albeit informally, of additional car parking on the estate during their peak business hours and I am sure if the additional parking causes undue inconvenience to other tenants this matter can be handled by the landlord.
Highway Services do not oppose this application."
6.0 ASSESSMENT - 6.1 Whilst the site is not designated for recreation or leisure purposes, the proposed use does not easily fit into an established Use Class and indeed the existing and approved fitness facilities on the Island are found in a variety of areas including industrial. - 6.2 This site is close to a bus network and within walking distance of a concentration of population. The estate generates a variety of different users to the business in the estate and this traffic is generally day time and week day traffic and as such there is likely to be capacity on the roadways and adjacent parking areas to accommodate any vehicles which cannot be accommodated on the site such that there will not be an adverse impact on the highway network in the vicinity of the site. - 6.3 The Strategic Plan sets out a standard of 1 car parking space to 15 sq m of gross floor space which would result in a requirement for somewhere in the region of 6 spaces on site. The site can provide three spaces, however, the applicant advises that the most number of people at the site would be nine (including the applicant and 8 clients) and these would be generally before 9am and after 4pm which would be more likely to be after the normal hours of working of the neighbouring businesses. Accordingly, it is likely the peak uses of the gym will be when the adjacent units are not operational. - 6.4 As it has been demonstrated, there are many examples of gymnasia located in industrial areas and as such it is considered that what is proposed, whilst not in full accordance with the Development Plan, would not impact on the wider character and appearance of the area, nor would it conflict with adjacent uses.
7.0 RECOMMENDATION - 7.1 It is recommended that the planning application be approved with conditions.
8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Permitted
Date of Recommendation:
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.
This approval relates to the site, location and floor plans date stamped as recieved by this office 16th December 2016
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: 06.03.2017
Signed : C BALMER Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplementalparagraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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