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Application No.: 19/01146/C Applicant: Manx Amateur Boxing Club Proposal: Change of use from micro brewery to boxing gymnasium with associated facilities Site Address: Unit 3 Typhoon House Hills Meadow Industrial Estate Douglas Isle Of Man IM1 5EB Principal Planner: Miss S E Corlett Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 25.11.2019 _________________________________________________________________
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.
N 1. The applicant is advised that the site lies within a flood risk zone and is recommended to liaise with Manx Utilities in respect of the fitting out of the inside of the building and to devise warning and evacuation strategies for the building which are made known to all users of the building.
Plans/Drawings/Information; This decision relates to drawings 1, 2, 3 and 4 all received on 14th October, 2019. _______________________________________________________________
It is recommended that Manx Utilities should not be given Interested Person Status as 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) as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy. _____________________________________________________________________________
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE USE IS CONTRARY TO THE DEVELOPMENT PLAN
1.1 The site is an industrial unit, one of four attached to a large unit on the eastern end which has glazing and has previously been used for the sale of fixings and fittings. - 1.2 The existing unit was most recently used as a brewery. - 1.3 Unit 1 has permission for operation as a dog day care facility (18/01299/C) and Unit 4 is currently being proposed for use as a martial arts centre (19/01075/C). - 1.4 The property has a single, large roller shutter door on the front elevation with a hard surfaced parking area which can accommodate around four standard motor cars although the application drawing shows five spaces and a drop off/pick up space where not all of the spaces are accessible when other vehicles are parked. - 1.5 The unit has a partial mezzanine level with approximately one quarter of the footprint open on both floors. THE PROPOSAL
2.1 Proposed is the conversion of the building to a boxing club. The floor plans show a training area/gym, changing rooms and small store on the ground floor and upstairs, a ring and further training area. - 2.2 The applicant explains that the estate comprises a mix of uses - printer/stationery supplies, upholstery, car repairs and sales, builder's merchant, training centre and offices with almost all trade being undertaken in the daytime. - 2.3 The existing boxing club is located in Palace Road just off the Promenade by the Castle Mona Hotel. The building is old and requires constant and expensive maintenance and are too small to accommodate the equipment and training facilities required for a modern gym which in turn restricts the development of the members/ The current welfare facilities do not meet current and upcoming standards and recent changes of ownership of adjacent land have raised uncertainties with the future tenancy of the site. There are three car parking spaces on site and public transport is limited. They note that a lot of members live in West Douglas and walk to the club. - 2.4 The club currently has 30 members predominantly between 8 and late 20s with most under 18s being dropped off by their parents. Other members train for fitness and wellbeing. The club's aim is "to educate and assist people of all ages through boxing and other recreational activities so as to develop their physical, mental and emotional fitness and wellbeing so that they can grow to maturity as individuals with confidence, discipline, physical and psychological knowledge that will assist in all aspects of their future life."
2.5 They describe the site as being extremely well serviced by public transport links from Castletown, Onchan, Colby, Port Erin, Port St. Mary, Peel and Foxdale with the nearest stop being 100m away. They also refer to the steam railway and the cycle path system which passes the site. The building has a level approach, level threshold and will have an accessible toilet. - 2.6 The parking spaces can accommodate two for staff with the rest for members although it is hoped that most will walk or cycle or take public transport. A bicycle storage facility will be included within the site accessible from the rear lane. They have an agreement to use an adjacent business's 8 parking spaces after 1630hrs and this is supported by a letter submitted by the owner of that site. - 2.7 They describe the majority of the use of the site would be in the evenings when the estate is generally not occupied, there will be times when people attend the site in the day time, ahead of competitions but at these times, it is anticipated that the available parking is sufficient to accommodate the vehicles generated. - 2.8 They refer to the Strategic Plan chapter on Sport, Recreation, Open Space and Community facilities which supports sport and recognises its contribution to the quality of life on the Island. They also refer to the Government's Strategy for Sport which fully endorses and supports sporting facilities particularly those which encourage young people to participate in sport. Whilst the site is not designated for recreation, they believe that the use does not easily fit into an existing use class and that existing fitness and sport facilities fall within a range of areas. They believe the proposal will not result in any adverse impact and should be supported.
3.1 The site is designated as Industrial on the Douglas Local Plan of 1998 as Light Industrial Use which generally describes 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. The site also lies within an area of potential risk of fluvial flooding.
3.2 Whilst the land is designated for development, the proposed use is not in accordance with the land use designation but the standards of development set out in General Policy 2 of the Strategic Plan are considered relevant and applicable as follows:
"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:
3.3 Whilst there are no specific policies which support the provision of new recreation or sporting facilities, Chapter 10 of the Strategic Plan does this, acknowledging the positive impact they have on the quality of Island life.
3.5 Transport Policies 4 and 7 require development to be safely accommodated within the existing highway network and for the adopted parking standards to be complied with. In this case, there are no specific standards for sporting clubs but there are standards for assembly and leisure which requires one space per 15 sq m of gross floor space, in this case, 336 sq m 22 spaces. - 3.6 As the site lies within a flood risk area, Environment Policies 10 and 13 are applicable.
REPRESENTATIONS
4.1 Douglas Borough Council has no objection (08.11.19).
4.2 Manx Utilities seek a flood risk assessment as the site lies within a 1 in 100 year return flood period for fluvial flooding (05.12.19). - 4.3 Highway Services raise no objection (
5.1 Most recently, permission was granted for the change of use of the unit from light industrial to a micro brewery (13/90921/C) and associated signage (13/00928/D).
5.2 Elsewhere within the estate, planning approval has been granted for the use of existing buildings for purposes other than industry - unit 1 for dog day care (18/01299/C), unit 4 had permission for use as a café (11/00920/C), another site had permission 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). - 5.3 Elsewhere, planning approval has been granted for dog day care/dog grooming (19/00533/C at Head Road Douglas, 18/00799/B, 18/00127/B at Balthane, 18/00011/B at Demesne Road, Douglas, 17/00842/C at Mill Road in Peel and 16/00911/C at Snugborough in Braddan). Also, sporting and recreation uses have been approved in industrial areas -
5.4 Most recently, planning approval has been granted for the conversion of an industrial unit right alongside in Hills Meadow to a martial arts gym (19/01075/C) and for the change of use of a former dairy, now storage unit in Ramsey to a gym (19/01047/C).
6.1 The provision of new sporting facilities is accepted to be in accordance with the objectives of the Strategic Plan even if not encapsulated in a specific policy, and Government's Strategy for Sport. The issues in this case are whether the loss of employment land is acceptable, if there would be any adverse impact on the operation of industrial uses in adjacent parts of the estate as a result of the development or any adverse impact on highway safety. Loss of employment land
6.2 The Employment Land Review identifies the likely demand for employment land in the foreseeable future - 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
6.6 There are spaces on site for staff parking and a drop off point for customers with additional parking across the road after 1630hrs. Flood risk - 6.7 Whilst Manx Utilities have requested a flood risk assessment, none was requested as part of the assessment of the change of use of the unit alongside. The gym will not be open to the public, but to members. There will be no increased risk of flooding of the building from the proposal as no external changes are being made although there may be more people in the building at some times of the day (but indeed fewer at other times), however there will be people within the building whether the building is used for industrial or other purposes. The river in question is separated from the site by a number of other buildings which would be flooded first and which would give notice to users of the present building of impending potential flooding. A note is recommended to advise the applicant to consider this and prepare warning and evacuation strategies which are made known to all users of the building. - 6.8 Given the nature and existing uses of the building, the proposal is will not exacerbate the risk of flooding to this property or adjacent buildings. As the building is open plan with large roller shutter doors, like that of 19/00023/C for works to a nearby unit, it would not be considered applicable to try to prevent flooding to this part of the building when the existing areas would be at risk and any flood water would find its way through the existing fabric of the
building or drainage network. For these reasons it is not considered necessary to request a flood risk assessment for this development.
7.1 Whilst the land is not designated for the proposed use, it is considered that given the 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. The application will provide facilities which are generally encouraged in the Strategic Plan and the proposal is therefore supported.
7.2 It is important, like the application for the snooker/pool/billiards facility in Ronaldsway Industrial Estate, that permission is restricted to the use proposed - i.e. a boxing gymnasium and associated facilities as use as a general gymnasium could result in very different times of operation and implications for parking and other estate users. Permission was granted for the use of a unit in Spring Valley for a gym (12/01532/B) and where there were assurances given that parking would be available on site and through agreements with adjoining land owners but there is generally an abundance of on-street car parking now in this area which can make access for other road users difficult. The applicant in the current case has indicated the way they operate their business and how the club would work without adversely affecting highway safety so it is important that the approved use relates solely to this and not to a general gym or recreation use in this case. It is not considered necessary to restrict the use to this particular applicant as other boxing gymnasia are likely to result in the same impact. 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:
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 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:…16.12.2019
Signed :…………S CORLETT……….. Presenting Officer
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