Planning Officer Report

Application No.:	12/00964/C
Applicant:	Kirby Farms Ltd
Proposal:	Variation of conditions of approved industrial starter unit (08/02311/B) to allow use as a health and fitness centre and extension to operational days and hours
Site Address:	Unit 13
Kirby Farm Industrial Estate
Vicarage Road
Douglas
Isle Of Man
IM4 4LA

Officer's Report

The Site

1. The site is a unit within a block of five industrial units situated within Kirby Farm industrial estate which lies on the northern side of Vicarage Road towards its eastern end where Vicarage Road meets Saddle Road. The estate accommodates fourteen units of varying sizes: the application unit is one of five of the smallest with each unit being just under 10m wide and 20m long with an eaves height of 6m and a ridge height of 8.8m. The unit has a single floor at ground level. The unit has a large roller shutter door and a pedestrian door on the frontage and three parking spaces across the hardstanding and a further four directly in front of the building, assuming that the roller shutter door will not be required for access. At the time of the site visit, all of the parking spaces across the yard from the unit were occupied. No vehicles were in front of the application unit.

The Proposal

1. Proposed is the variation of the condition on the original approval for the unit to allow the use of the building for a personal training operation and for the hours of operation to be extended to 0630hrs to 2030hrs Monday to Friday and 0930hrs to 1630hrs Saturday and Sunday. The original approval stated that the premises shall be in operation for the purposes hereby approved, only within the hours of 07.00 and 19.00hrs Monday to Friday, 07/00 and 13.00 hours on a Saturday and at no time on a Sunday. The use hereby approved was for light industrial purposes. The remainder of the units in the block are operational as a car repair workshop (10), Garrett Gallery (11), Industrial and Domestic Plumbing _ Heating Ltd (12) and Man Construction (14). The Gallery is open on Tuesdays, Wednesdays and Saturdays 1000hrs to 1800hrs. The plumbing centre is open Monday to Friday 0800hrs to 1700hrs.

Planning Status And Policy

1. The site lies within an area designated on the Braddan Local Plan of 1992 as Open Space/Agricultural land. Planning permission was granted for the development of the site as an industrial area under PA 06/1170. Subsequent to this permission was granted for further units for light industrial purposes under PA 08/2311 and permission was granted under PA 10/1336 for a further industrial building.

Case Officer :	Miss S E Corlett
Photo Taken :	01.08.2012
Site Visit :	01.08.2012
Expected Decision Level :	Officer Delegation

1. The approved use of the building is light industrial under the terms of PA 08/2311. The proposed use is not light industrial so represents a departure from the authorised use of the building which has yet to be used for any purpose. The proposed use would not fit automatically into any other use or use class. Other gymnasia/fitness centres on the Island are situated within areas designated for 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).

1. Planning permission was refused for the change of use of the furniture store at Marion Road in Onchan, within a Residential designation, for reasons relating to a lack of parking and a detrimental impact on adjacent residents.

1. Planning permission was recently granted for the change of use of an industrial unit in Balthane to a fitness centre - PA 10/1179 - which is very similar to what is proposed here in terms of use and context. That unit was only to be used on week days.

Representations

1. There are no representations on the file at the time of writing.

Assessment

1. The industrial estate accommodates a number of uses – some industrial (Azzy Paints, Man Construction), some storage and distribution (Graylaw Freight) but also other non-industrial uses such as the gallery. The unit has never been used and as such it would be difficult to argue that the proposed non-industrial use would result in a loss of much needed industrial floorspace. In support of this, it is clear that there is no specific land use designation for this sort of use and that the existing health and fitness facilities on the Island are located in a variety of places, including land designated for industrial purposes.

1. The use is likely to be taken up mostly outside the hours when the other industrial uses are operational and as such it is unlikely that there will be a conflict between different types of traffic or problems of noise, dust or other nuisance.

1. As such, it is considered that the proposal is acceptable and the application is recommended for approval.

Party Status

1. The local authority, Braddan Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 10.08.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1.

This permission grants approval for the use of the building as a personal training operation and for the hours of operation to be amended to between 0630hrs to 2030hrs Monday to Friday and 0930hrs to 1630hrs Saturday and Sunday.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 10/1/2020

Determining officer (delete as appropriate)

Signed : A. H. H. H. Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : _________________________ Sennor Planning Officer

Signed : _________________________ Jennifer Chance Development Control Manager