DEC Officer Report

Applicant: Mrs Joanne Kelly Proposal Additional use of community hall as a dance studio Site Address The Lena Quayle Hall Hutchinson Square Douglas Isle Of Man IM2 4HP Case Officer : Mr Peiran Shen Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 10.09.2021

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2 and Transport Policy 7 of the Strategic Plan.

Plans/Drawings/Information; This approval relates to the submitted documents, location plan, site plan, operation statement, parking survey and property details as having been received on 6th August 2021.

_______________________________________________________________ Interested Person Status – Additional Persons None ________________________________________________________________ Officer’s Report THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL

1.0 THE SITE - 1.1 The application site is The Lean Quayle hall, Hutchinson Square, Douglas, a two-storey detached property located on the northeast of Hutchinson Square.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the additional use of the site from only other community facilities (class 4.3) to also include dance studio (Class 4.4). The proposal is to provide dance tuition and classes between 06:00 and 22:00 throughout the week.

3.0 PLANNING HISTORY - 3.1 There are no previous applications considered materially relevant to this application.

4.0 PLANNING POLICY - 4.1 In terms of the local plan, the site is within an area designated as Predominantly Residential in the Area Plan for the East. The site is next to the Selborne Drive Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: - 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:

• (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;

• (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."

4.4 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7." - 4.5 Appendix 7.6 states assembly and leisure should have 1 space per 15 square metres gross floor space. - 4.6 Community Policy 3 states: "Development (including the change of use of existing premises) which results in the loss of a local community facility (other than shops and public houses) will only be permitted if it can be demonstrated that it is no longer practical or desirable to use the facility for its existing use or another use likely to benefit the local community."

5.0 REPRESENTATION - 5.1 Douglas Borough Council has no objections to this application (01/09/2021). - 5.2 DoI Highway Services do no oppose this application (26/08/2021). The comments states there is no significant negative impact upon highway safety, network efficiency and/or parking.

6.0 ASSESSMENT - 6.1 The key issues to consider are the principle of the development, its impact on parking provision and its impact on neighbouring amenities. - 6.2 The site is located in a predominantly residential area. However, as the existing use of the site is assembly for community or religious purpose, the change to a dance studio would still be

• assembly but for leisure (including dance instruction) purposes. Therefore, the principle is considered principally acceptable.
• 6.3 There is no specific parking to be allocated for this development. Whilst there is a shortage of kerbside parking in the vicinity, Highway Services have confirmed that they have no objection so the impact on parking is considered acceptable.
• 6.4 The change of use to dance studio would mean music are more likely to be involved than existing use. However, there is no limit in the use of music for existing use so it is considered unreasonable to put in a condition restricting the use of music for this proposal.

7.0 CONCLUSION - 7.1 For the reasons that the proposal is considered to comply with General Policy 2 and Transport Policy 7 of the Strategic Plan, it is recommended for an approval.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land which the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 above who should be given Interested Person Status.

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 04.10.2021 Signed : P SHEN 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 04.10.2021

Application No. : 21/00794/C Applicant : Mrs Joanne Kelly Proposal : Additional use of community hall as a dance studio Site Address : The Lena Quayle Hall Hutchinson Square Douglas Isle Of Man IM2 4HP

Planning Officer : Mr Peiran Shen Presenting Officer As above

Addendum to the Officer’s Report

At the Planning Committee Meeting on 04/10/2021, the recommendation was amended and the report was updated on section 6.4 was amended to include that there are potential for noise nuisance and the following conditions are recommended:

• Condition 2: The use hereby approved is for the additional use of the premise as a dance studio, an addition to the current use as a community hall. Reason: To clarify and set down approved used use of the premises.
• Condition 3: Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the additional use hereby approved shall be used only as a dance studio for the purpose hereby approved and shall not be used for any other purpose within Use Class 4.4 without the express grant of planning approval from the Department.

Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.

• Condition 4: No customers/clients for the dance studio shall be served or remain in the building outside the following hours:

Monday-Friday 06.00-21.30, except when it is a public holiday or within school holidays, Saturdays, Sundays, Public Holidays and School Holidays 09.00-21.30.

Reason: In order to protect local residents' amenity in terms of noise or any other disturbance that may arise from additional classes. This condition does not restrict the building being accessed by staff and is not intended to restrict the carrying out of related activities (such as cleaning) at other times.

This condition does not restrict the building being accessed by staff and is not intended to restrict the carrying out of related activities (such as cleaning) at other times.

• Condition 5: Prior to the use of audio equipment in the operation of the development hereby approved, details of the proposed system and any mitigation measures shall be submitted to and approved in writing by the Department and the development undertaken in accordance with the approved details. The details must address the potential for noise nuisance in the function room and include means of reducing this potential issue. Reason: In the interest of protecting public amenities.