DEC Officer Report

Application No.: 19/00403/C Applicant: Andrew Bridson Proposal: Change of use of former chapel from office space to performing arts studio Site Address: The Chapel Nursery Avenue Onchan Isle Of Man IM3 4HG Planning Officer: Miss Lucy Kinrade Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 04.07.2019 _________________________________________________________________

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 rear parking area shall at all times be made available for the parking of vehicles associated with the approved use and shall be retained available for such use thereafter. Reason: To provide off-street parking in the interest of highway safety.
• C 3. No customers shall be onsite outside the following times:

1800 and 2100 hours on weekdays; 1000 and 2100 hours on Thursdays; 0900 and 1600 hours on Saturdays; 1000 and 1600 hours on Sundays. Reason: In order to maintain the amenities of the area and in line with those hours set out in the application form. N 1. The applicant is encouraged to undertake measures to ensure that their clients park safely and responsibly when using the facility.

Plans/Drawings/Information;

This approval relates to Location Plan, Site Plan, Aerial Photo and Business Case all date stamped and received 04/04/2019 and email from applicant dated 26/06/2019. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

THE APPLICATION IS BEFORE THE COMMITTEE AS THE PROPOSAL IS CONTRARY TO THE DEVELOPMENT PLAN.

1.0 THE SITE - 1.1 The application site is the extents of the former Chapel in the centre of Onchan which sits on the corner where Nursery Avenue meets the Main Road. The existing building has a walled boundary running along the main road and Nursery Avenue, towards the north end rear gable there is an area of off road car parking (11.5m x 5.2m) which joins with the small service lane which runs between the Chapel and No. 1 Nursery Avenue providing access to the rear of the dwellings. The Chapel building has most recently been operating as offices. The building is surrounded by a mix of uses perhaps typical for a village centre location, these uses including a band room, a library, Commissioner's offices, hairdresser and beauty salon, a Methodist church, youth club and playing fields and a number of residential properties.

2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the change of use of the existing chapel building from offices to a performing arts studio. The proposed core hours of the use are to be:

Weekdays 1800 - 2000 Thursday 1000 - 2100 Saturday 0900 - 1600 Sunday 1000 - 1600.

2.2 The application does not propose any external alterations.

3.0 PLANNING HISTORY - 3.1 The building is currently in use as offices as approved under PA 08/01928/B. Prior to this there had been two refusals for children's nurseries PA09/00778/B & PA09/01481/B, the main reasons for refusal being the lack of car parking, increase in traffic and the subsequent adverse impact on highway safety. The building was also refused in 1987 for its use for storage/offices/market under PA 87/00587/C. However, the first application for change of use from the original chapel was approved in 1987 for a theatre/stage school approved under PA 87/00981/C. This theatre school was still operational up until the approval of the offices in 2008, the office use coming into operation sometime between 2008-2012 (in line with the 4 year implementation period). - 3.2 The office application was approved with a condition requiring the provision of the 4 off road parking spaces prior to the commencement of the use, this condition was fully satisfied:

"Prior to the commencement of the use of the building as office accommodation the on-site car parking provision must be set out and capable of use in accordance with drawing no. 84.3.08

rev. A date stamped the 15th December 2008. Such space shall not be used at any time other than for car parking."

3.3 The planning history can be summarised as follows:

• o 08/01928/B - Conversion of former chapel to create offices - APPROVED
• o 09/01481/B -Change of use from existing theatre/stage school to a pre-school day nursery REFUSED
• o 09/00778/B - Conversion from theatre / stage school to day nursery - REFUSED
• o 87/00981/C - Change of use from former Methodist Chapel to Theatre School Studio APPROVED
• o 87/00587/C - Use of premises for storage, offices and market - REFUSED

- 4.0 PLANNING POLICY

4.1 The site is designated on the Onchan Local Plan as a building of 'Worship'. Looking at the maps associated with the recent release of the Draft Area Plan for the East the site is designated as being 'Mixed Use', this is likely due to its location in the centre of the village and being surrounded by a mix of uses typical of such a prime village location. Given the current established use as offices and that there are no specific polices relating to a change of use to a performing arts studio it is perhaps most relevant to consider the Strategic Policy 1 in understanding whether the principle is acceptable and then whether the use meets with the general standards towards development as set out in General Policy 2 with consideration also being given to the parking standards as set out in Appendix 7 of the Strategic Plan. - 4.2 Strategic Policy 1: "Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and reusing scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

4.3 General Policy 2: "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:

• a) is in accordance with the design brief in the Area Plan where there is such a brief;
• b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• c) does not affect adversely the character of the surrounding landscape or townscape;
• d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including watercourses;
• e) does not affect adversely public views of the sea;
• f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• 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;
• j) can be provided with all necessary services;
• k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;

• m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• n) is designed having due regard to best practice in reducing energy consumption."

4.4 Appendix 7 - Parking Standards:

• o Assembly and leisure - 1 space per 15 square metres gross floor space. o Offices - 1 space for every 50 square metres of nett floor space.

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

5.1 Highway Services - Oppose (18/06/2019)

• o The parking standards for offices are 1 space per 50sqm. Leisure facilities require 1 space per 15sqm and therefore the proposals would have a higher site parking demand than the existing use according to the parking standards. There are only 2 existing site car parking spaces and no room to provide additional parking. The existing parking would be used by staff.
• o Public car parking is available a short distance from the site for further staff parking and adult customers attending classes, but all pick-up and drop-off parking would probably take place on-street.
• o As the residential properties along both sides of Nursery Avenue have no off-street parking, there is unlikely to be sufficient on-street parking capacity to accommodate all the pick-up and drop-off movements that would be generated by the proposals without using the double yellow lines.
• o There is also no information in the application on staff numbers, customer numbers, class sizes and the maximum number of classes, staff, customers and pick-up/drop-off movements that would occur at any one time. The precise level of highway impact from the development is therefore unknown.
• o Highway Services oppose the application as the proposals would result in pick-up/drop-
• off movements that would be unlikely to be accommodated legally on the public highway without causing an adverse impact on highway safety, movement and the free flow of traffic.

5.2 Onchan District Commissioners recommend that the application be approved; however they do have concerns with regard to potential traffic issues and would recommend any conditions that may offer some mitigation.

- 6.0 ASSESSMENT

6.1 The planning history for the site demonstrates the previous established uses of the former chapel being a theatre school (circa 1987) and an office (circa 2008), the latter being the current approved use. There are no specific policies relating to the fairly unique nature of the proposal, firstly it must be determine whether or not the principle of the use is acceptable in this location, and secondly whether the proposal is acceptable with regards to the general standards towards development as set out in GP2, specifically the impacts on neighbouring residential amenity and the impacts on highways and highway safety. PRINCIPLE - 6.2 The site is located within the centre of Onchan where the land use along both sides of the road in the immediate location is predominantly 'mixed use' as identified on the Onchan Local Plan and which has also been drafted as 'mixed use' on the release of the Draft Maps associated with the Draft Area Plan for the East. While the site is designated as 'Worship' and externally still appears as a chapel its use for worship has since been superseded by the 1987 and 2008 planning applications for a theatre school and offices. This established non-worship use demonstrating the lack of need of this building as a place of worship.

6.3 Strategic Policy 1 states that development should seek to optimise and make efficient use of existing or under-used buildings and be located as to make best use of existing and planned infrastructure, facilities and services. The site in this case is located within the centre of Onchan which is identified as being a service village in the IOM Strategic Plan. The proposal would make use of an existing building which is easily accessible on foot by most of the Onchan community and is situated on a main bus route making use of existing infrastructure and also a short walking distance from the public car park of Shoprite around 180m away. For this reason the principle of the use is considered to be acceptable in line with SP1. NEIGHBOURING AMENITY - 6.4 The site sits within the village centre and along a main road where there is a general level of background noise associated with such a location. Surrounding the site are varying uses including a library, band room, church, beauty salon and commissioner office where there is a general level of comings and goings and where a proposed performing arts school would not be out of character or context with the locality. - 6.5 North of the site are a number of neighbouring residential properties, the applicant has explained within their supporting information that one of the reasons they have selected the former chapel was due to its former use as a place of congregation and later as a theatre school and that with the building being built in traditional Manx stone that this will be expected to contain sound within the building. It further explains that the building is installed with an air flow control systems which regulates temperature in the warmer months reducing the need for opening the double glazed windows. The majority of sessions are voice work and likely no noise issues arising from the use, although the supporting information also indicates that the performing arts classes they provide also include musical theatre, singing and speech, drama and dance and including a community choir. - 6.6 The core hours of operation are explained in the application form as Thursdays and Saturdays and with occasional operation on weekday nights and Sundays. None of which start or finish at unreasonable times of the day with the earliest operation being 9am and latest being 9pm. Any potential noise would likely blend into the background noise already existing in this central part of Onchan and not so adverse or unreasonable as to significantly detriment general living conditions of the immediate neighbours. Furthermore outside of the planning tests there is separate Environmental Health legislation which covers noise nuisance. - 6.7 The building is located within a cluster of regularly frequented buildings and facilities including the publically accessible library and playing fields along with the community centre and youth club. There is already an expected level of people coming and going from the area and which is reasonable for such a central location within the village. The siting of a new performing arts studio here will is not expected to make worse the existing activity in the area and the hours of operation are not running late into the evening or at unreasonable times in the morning as to cause detriment or disruption to any residential properties in the immediate vicinity. HIGHWAY IMPACT - 6.8 The former chapel was approved for use as an office in 2008 and subject to a condition requiring the two parking spaces indicated on the approved amended drawing being completed and available prior to the office use coming into operation. Following a site visit 24/06/2019 it was clear that these spaces were completed and available. - 6.9 It is unknown how many people were working at the office or the nature of the business in whether there were additional visiting members of the public coming and going from the site. Equally is continued use as an office could have a comparable level of traffic to that which proposed as no conditions as to number of staff or visits were restricted. Overtime it is reasonable to say that this building has always had a degree of visitors coming and going

• whether congregations or meetings relating to the original worship use of the Chapel, persons of the 1987 approved theatre school or for the current office use.
• 6.10 Highway Services indicate that the parking standards to be implemented in this case are those for leisure centres requiring 1 space per 15sq m. On review of the drawings submitted for PA 08/01928/B for the current office use, the primary ground floor internal space (excluding the kitchen and toilet) is 88 sq m, this equates to the need for 5.8 car parking spaces. The hardstanding to the rear of the site is measured as being 11.5m x 5.2m. This 2008 application was approved with two parking spaces, although the size of the area could lend itself to the parking of 4 vehicles albeit parked in tandem. The 2018 aerial image indicates two vehicles parked on an angle with space for a third, although it is a matter of fact that the approved parking (2 spaces) and potential parking (4 spaces) still results in a shortfall based on eh calculated need for 5.8 spaces.
• 6.11 The central location of this historic chapel building is within short walking distance of a number of parking areas; the public car park at Shoprite (180m), the car park at Onchan Community Centre (145m), Onchan Commissioners Car Park (40m) and Onchan Library (12m), the site is also on a main public transport route and easily accessible by the local community on foot.
• 6.12 Appendix 7 states that the parking standards may be relaxed where development; (a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or (b) would result in the preservation of a sensitive streetscape; or (c) is otherwise of benefit to the character of a Conservation Area. (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality. The offset demand for the shortfall of parking would not be so unreasonable on the adjacent on street parking areas for shorts periods and perhaps not so far removed from the current office use and that the close proximity of the car parks would be sufficient to accommodate any demand for parking.
• 6.13 Highway Services have commented on the application stating that pick up and drop off movements associated with the proposed use would likely occur on the main road where both sides of the road have double yellow lines. These pick up and drop off movements creating obstruction and visibility issues on the highway and delays in traffic, and that those parents dropping off younger children who may be likely to take them inside the building will be parked for longer periods on the road. Highway Services state that while the picking up and dropping off on double yellow lines is permitted, it is not legal to park on double yellow lines for any length of time.
• 6.14 The current proposal will help to facilitate the continued use of a chapel building of historic and architectural interest which is central to Onchan village and easily accessible on foot by the local community or via public transport. The site has a small area of off road parking towards the rear for use by teaching staff, and the site is within short walking distance of a number of car parking areas which can be utilised for picking up and dropping off or by longer stay vehicles. The hours of operation of the business are generally during the evenings or weekends when the nearest car parks are likely to have more spaces available for use. While highway services have opposed the application on the grounds that the pick up/drop off movements would be unlikely be accommodated legally on the public highway without causing adverse impact on highway safety or movement issues on the free flow of traffic, however that the community benefit, the continued or re-use of an existing building of interest, the accessibility of the site by the local community and the reasonable close proximity of a number of car parks that that the proposed use would be considered to have an acceptable impact and not to be so far removed from those previous Worship and Office uses as to cause any new or significantly adverse impacts on local highways or highway safety as to cause concern or refusal of the application.

- 7.0 CONCLUSION

7.1 Having regard to the above it is concluded that the benefits of the proposed use of the building outweigh any potential harm or impact on the surrounding highway minded that there are several areas of parking available for use within the town centre location and the site also benefits from public transport and easily accessible on foot by those living in the area. Accordingly, it is recommended that the planning application be approved. - 7.2 In accordance with what the application has sought approval for and minded of those comments raised by the Commissioners, two conditions should be added to the approval ensuring that the parking area to the rear is made available for parking associated to the development at all times and that the operation hours are conditioned in line with those set out in the application form.

- 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 Planning Committee 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 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: 15.07.2019

Signed : S CORLETT 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.

Planning Committee Decision 15.07.2019

Application No. : 19/00403/C Applicant : Andrew Bridson Proposal : Change of use of former chapel from office space to performing

arts studio

Site Address : The Chapel Nursery Avenue Onchan Isle Of Man IM3 4HG Planning Officer : Miss Lucy Kinrade Presenting Officer Miss S Corlett Addendum to the Officer’s Report

The Planning Committee approved the application at its meeting of 15th July, 2019 subject to an additional note being attached to encourage the applicant to undertake measures to ensure that their clients park safely and responsibly when using the facility and condition 3 was amended to simplify, but not change, the approved hours of operation as follows:

1000 to 2100hrs on Thursdays 1800 to 2100hr on any other weekday 0900 to 1600hrs on Saturdays and 1000 to 16000hrs on Sundays.

Conditions of Approval

• 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 rear parking area shall at all times be made available for the parking of vehicles associated with the approved use and shall be retained available for such use thereafter. Reason: To provide off-street parking in the interest of highway safety.
• C 3. No customers shall be on site outside the following periods:

1000 to 2100hrs on Thursdays 1800 to 2100hr on any other weekday

0900 to 1600hrs on Saturdays and 1000 to 16000hrs on Sundays. Reason: In order to maintain the amenities of the area and in line with those hours set out in the application form. N 1. The applicant is encouraged to undertake measures to ensure that their clients park safely and responsibly when using the facility.

Plans/Drawings/Information

This approval relates to Location Plan, Site Plan, Aerial Photo and Business Case all date stamped and received 04/04/2019 and email from applicant dated 26/06/2019.