Planning Officer Report Recommendations

Planning Officer Report And Recommendations {{table:25486}}

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE USE IS NOT IN ACCORDANCE WITH THE LAND USE DESIGNATION OF THE SITE

The Site

1. The site is the curtilage of an existing industrial building which is situated alongside Pets At Home on the eastern side of the Spring Valley Industrial estate road. The unit is the southern most one of a row of four identical units, and is 31m long and 18m wide and 5.5m tall to the ridge. There is a mezzanine level in part of the building and a large open area on the ground floor.

1. The unit was most recently used as an animal food and equipment shop (Country Warehouse) whose operators have recently moved to Isle of Man Farmers at the bottom of Richmond Hill. There are ten parking spaces outside the building.

The Proposal

1. Proposed is the conversion of the building from industrial use to a fitness gym. The layout includes staff and customer toilets and changing facilities, a training room and a gym which takes up an area of around 320 sq m. An office is to be located on the mezzanine level. External changes include the replacement of the existing roller shutter door with a glazed entrance.

1. The layout provided as an illustration shows between 40 and 45 pieces of equipment and the applicant estimates that the occupation levels would be between 0600hrs - 0800hrs between 8 and 10 vehicles, between 0800hrs and 1200hrs between 5 and 6 vehicles, between 1400hrs and 1800hrs between 5 and 6 vehicles and between 1800hrs and 2000hrs between 15 and 20 vehicles. At weekends between 6-8 vehicles per hour. They accept that this demonstrates that there will be a shortfall of spaces at certain times, but that these will coincide with times when other units have less traffic generated. The applicant is also the owner of the remainder of the estate and has indicated that there is space to the rear of units across the road where vehicles may park. This lane serves the rear of units 3, 5, 7, 9, and 11 which have parking both in front and to the rear. The lane at the rear of unit 3 is only 5m wide so could provide limited parking without adversely affecting the through flow of other traffic, but the lane widens further to the north west.

Planning Status And Policy

1. The site lies within an area of Industrial use on the Braddan Local Plan of 1990. There are no specific policies in this plan which are considered applicable to this development. The proposed use is not light industrial so represents a departure from the authorised use of the building. 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 (PA 05/01062/C)

1. Planning permission was recently granted for the change of use of an industrial unit in Balthane to a fitness centre - PA 10/01179 - 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. Permission was also granted for the change of use of an industrial unit in Kirby Farm industrial estate as a gym (12/00964/C).

1. Planning permission is currently being sought for the conversion of a shop unit at Glen Falcon to a yoga/health/fitness facility (PA 12/01499). This is within a Predominantly Residential Area.

1. 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".

Planning History

1. Planning permission has been sought for various alterations to the building, none of which is considered relevant to the consideration of the current proposal.

Representations

1. Highways Division indicates that further information needs to be submitted to demonstrate that adequate parking exists to serve the proposed use.

Assessment

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, and at least one proposal for such a facility in a residential area was refused due to the potential impact on adjacent neighbours.

1. 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 – tradespeople visiting the building and catering trade suppliers, customers looking at carpets, lights, mobility equipment and most recently customers visiting Pets At Home and PCWorld/Currys. 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.

1. 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 36 spaces. Clearly nowhere near that amount can be provided on site. However, it is not likely that many more than 20 vehicle spaces will be required at peak times and these are likely to be when the adjacent units are not operational. It is relevant that the estate is owned and operated by the applicant and as such, the parking area associated with adjacent units is available if the occupant is not using them. Several site visits undertaken at weekends and in the evening demonstrate that many of the units do not operate at these times and as such it is very unlikely that there will be a parking problem or highway safety issues in respect of car parking associated with the proposed use.

1. 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, is acceptable and as such the application is recommended for approval.

Party Status

1. The local authority, Braddan Parish Commissioners, is, 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.

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 17.12.2012

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. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to the conversion of the existing unit into a gymnasium as shown in drawings 749/001, 749/002 and 749/003 all received on 16th November, 2012.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : _______________ Committee Meeting Date : 3/1/2/12

Signed : _________________________ Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☐ YES ☑ NO