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Application No.: 19/01075/C Applicant: Mr Conrad Roberts Proposal: Change of use to martial arts studio Site Address: Unit 4 Hills Meadow Industrial Estate Douglas Isle Of Man IM1 5EB Planning Officer: Miss Lucy Kinrade Photo Taken: 18.11.2019 Site Visit: 18.11.2019 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 18.11.2019 _________________________________________________________________
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: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Plans/Drawings/Information; This approval relates to drawing number 308-01 date stamped and received 26/09/2019. _______________________________________________________________
Additional Persons None
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSED USE IS CONTRARY TO THE DEVELOPMENT PLAN
1.1 The application site is one of four industrial units forming a larger two storey industrial building in the Hills Meadow Industrial Estate. The existing unit, Unit 4, sits at the western end of the building and access into the unit is achieved through a roller shutter or a pedestrian door. - 1.2 There is a large area of hardstanding running across the front of the building providing a parking area for each of the units. The area outside of Unit 4 is around 12m x 11m and sized to accommodate around 8 standard cars parked in tandem. - 1.3 Running along the western side of the building is another large area of hardstanding previously used as a builder's compound and which was approved in 2009 as an area of car parking in connection with the industrial units under 19/01453/C. Although following a site visit it was clear that this site was still in operation as a builders compound. - 1.4 The existing unit was previously used for the sale of fixings and fittings, with PA 11/00920/C later approved for part of Unit 4 also being used as a café associated with the fixing and fittings company. THE PROPOSAL
2.1 Proposed is the change of use of the building to a martial arts club for Brazilian JiuJitsu. No external alterations are proposed. Floor plans for the building show a toilet and changing area at ground floor and a bike rack fitted nearest the roller shutter door for up to 9 bikes. - 2.2 Detail submitted within the application indicates that there are 8 instructors working different shifts throughout the week, 1 instructor for adult classes and 2 for children's classes with between 6-20 students per class. The hours of operation vary throughout the week Monday - Friday 1230 - 2130 hours , Saturday 1000 - 1330 hours and no operation on Sundays. Parking is at the front of the building but students will be encourage to use public transport with bus stops on Peel road, or arriving by bicycle. PLANNING HISTORY
3.1 Unit 4 was previously used for the sale of fixtures and fittings and had additional use as a café (11/00920/C). Within the same building Unit 1 has permission for operation as a dog day care facility (18/01299/C) and Unit 3 is currently being proposed for change of use from micro-brewery to boxing gymnasium with associated facilities (19/01146/C). Elsewhere within the estate permission has been granted for the sale of car parts (10/01516/C and 10/01324/C), for the sale of bulky electrical goods (09/01454/C) and for trade sales of fixings and fittings (08/00840/B). - 3.2 There are no specific land use designations for sports or recreation uses such as gyms or martial arts clubs, overtime there have been a number of such uses approved in other industrial areas across the Island;
PA 19/00458/C for a snooker/pool/billiards centre Ronaldsway Industrial Estate PA 17/00735/C for a gym at Gladstone Park in Ramsey, PA 15/00265/B and 13/00633/B for gym at Demesne Road in Douglas, PA 12/00964/C for a gym at Kirby Farm industrial estate in Braddan. PA 11/00845/C for a climbing facility at Middle River, Douglas
4.1 The site is designated as 'Light Industrial' on the Douglas Local Plan1998. Light industrial use is generally describes as industrial uses which can be undertaken within a residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles.
4.2 There are no specific policies in the Strategic Plan that relate to the current martial arts/gym proposal, however it would be reasonable to consider the general standards of development set out in General Policy 2 in the assessment along with the parking standards for recreational leisure uses set out in Appendix 7. - 4.3 Given the nature of the change of use, it is also relevant to consider the recent study undertaken for the Employment Land Review which identifies the likely demand for employment land up to 2029. Employment land includes office uses, industry, warehousing. storage and distribution and the report concludes that the majority of land and demand for such uses is in the south and east of the Island with the greatest projected growth areas being manufacturing, e-gaming, tourism, insurance, wholesale distribution and warehousing. - 4.4 General Policy 2 states (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:
4.2 Appendix 7 states (in part):
Assembly and leisure* = 1 space per 15 square metres gross floor space.
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Department of Infrastructure Highway Services - do not oppose (16/10/2019)
5.2 Douglas Borough Council - no objection (17/10/2019). ASSESSMENT - 6.1 There are three fundamental tests to the current change of use application, these are i) whether or not the loss of the industrial employment land is considered acceptable, ii) whether
the proposed use is compatible with or would result in any harm to the other industrial operations in the area, and iii) whether the proposal would have an adverse impact on highway safety. The final test in determining the application would be iiii) assessing the impact of the development in the event that the change of use of both Unit 4 and adjoining Unit 3 are considered acceptable for recreational gym uses.
6.2 Chapter 10 of the Strategic Plan acknowledges the positive impact that sport and recreation has on the quality of Island life, and which feeds into the objectives of the Strategic Plan and the overarching Government aims in making our Island a special place to live and work. Most recently the Employment Land Review identified the likely future demand for employment land up to 2029 and the importance of the planning process in safeguarding and protecting such land for its intended and designated use.
6.3 Aforementioned martial arts studios or gyms are uses that do not readily fall within any existing use class and as such can be found across various parts of the Island including industrial areas. There is a level of acceptability for the loss of employment land for such recreational uses set out in the planning history section 3.0 of this report although this acceptability often falls to the particular requirements of each proposed facility. It is also clear in respect of units 1-4 here that alternative uses have already been accepted or are currently being considered for uses not light industrial.
ii) Impact on adjacent uses
6.4 The martial arts club has around 50-60 members attending various sessions throughout the week, some sessions held during lunch hours but most being within the evenings or on a Saturday morning . This site is well placed in terms of its proximity to the centre of Douglas and is well served by public transport and has a cycle lane system available on the main Peel Road. - 6.5 The greatest impact on other uses will likely be from comings and goings of people visiting the site, although it would be reasonable to say that most uses in the immediate area are businesses operating during the day and during normal business hours where comings and goings during the day will likely be no more apparent than those already visiting the area, and during the evenings the impact expected to be minimal.
iii) Highway Safety
6.6 The application drawing indicates 11 spaces being available on the hardstanding at the front of the building, however these spaces only measure 2.5m wide x 4m long which is smaller than the minimum standards set out in the Manual for Manx Roads being 2.5m x 5m minimum for private parking bays. - 6.7 Based on the 12m x 11m area of hardstanding and the minimum parking space standard there would be sufficient space to accommodate 8 parking bays in tandem. Leisure facilities are required to provide 1 space per 15sq m and using these calculations Unit 4 would require approx. 25 parking spaces for the proposed use, thus resulting in a shortfall of 18 spaces. - 6.8 It's likely that during children's classes parents will be dropping off and picking up with little demand for on-site parking. For those adults attending parking will likely be on a first come first served basis, with overspill parking likely available at nearby units particularly outside of business hours and in the evenings, although it would not be so unreasonable to expect these persons to commute by other means (running/cycling/car share) given that the proposed use is a physical activity. In any such case there are additional areas of public
parking available along the southern boundary of the estate (approx. 38 spaces) nearest the Steam Railway Line and River Glass, and the public car park adjacent to the NSC bowl a short 5 minute walk.
6.9 The existing industrial estate is off the main road and thus there are no expected highway safety issues or impact on traffic as a result of the proposal. The 8 spaces on the hardstanding are considered sufficient in this case and any overspill parking demand is likely to be accommodated within the surrounding area without significant detriment to other users or general highways safety. Most reasonable persons would not park as to obstruct other business users or detriment highway safety, and it would also be in the applicant's best interest to ensure and encourage that their customers and members are not parking as to obstruct or affect the neighbours units and business operations.
iiii) Unit 3 and Unit 4
6.10 Both units are proposed for physical activity uses with their students and club members attending on various days and times throughout the week but mostly in the evenings. In the event that both units are approved, the coming into operation at the same time is likely to be apparent albeit only to those who frequent the area. Each unit is to be provided with their own off road parking space although at peak periods should additional parking be required it's likely that demand will be sought and likely available in the surrounding area or in nearby public car parks. - 6.11 The nature of sharing space and good neighbourliness has been demonstrated as part of the application for Unit 3 where the applicant has provided a signed letter by the owner of the industrial unit opposite giving permission for the use of their 8 parking spaces for the boxing club members between 4:30pm - 8am each day.
7.1 Whilst the land is not designated for the proposed use, it is considered that given the reasonably size of the unit and the other non-industrial uses on the estate, that there would not be an unacceptable loss of employment land as a result of the proposed change of use. It is also considered that there are sufficient provisions for access and parking and that the proposed use will not have an adverse impact on the operation of other uses in the estate or highway safety of the area. The application will provide facilities which are generally encouraged in the Strategic Plan and the proposal is therefore supported. 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:
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: 25.11.2019
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
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