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Application No.: 21/01285/C Applicant: Mr Nigel Thijs Proposal: Change of use of existing warehouse into a leisure facility Site Address: Unit 3 Balthane Industrial Estate Ballasalla IM9 2AJ Senior Planning Officer: Mr Jason Singleton Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 14.02.2022 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Whilst the land is not designated for the proposed use it will provide facilities which are generally encouraged within the Strategic Plan, and given the reasonable size of the unit. The change of use is not considered to be unacceptable or to adversely impact generally on amenity of the area. Highway issues are also expected to be minimal given the location and the availability of parking either at the site or in nearby area. For these reasons the application and proposal is considered to be acceptable.
Plans/Drawings/Information; This decision relates to drawings and information submitted on 2 November 2021, referenced; Site Plan Location Plan Floor Plan Supporting planning statement
Additional Persons
None _____________________________________________________________________________
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSED USE IS CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR APPROVAL.
1.0 THE SITE - 1.1 The application site is curtilage of Unit 3 Balthane Industrial Estate. The units sits to the central part of the industrial estate. The unit would measure a footprint of 14m x 12m and is broadly open plan.
2.0 THE PROPOSAL - 2.1 Proposed is a change of use of the warehouse to house a virtual reality arena for a gaming experience. - 2.2 The applicant notes; "Various sites have been considered for this new venture and this site is considered the most suitable. Whilst this is zoned primarily as an industrial area it should be noted that there have been recent approvals given within this estate for leisure facilities and therefore it is felt this would add to the existing range of activities within the estate". - 2.3 The proposed use would be mainly for small group's larger parties and opening between 5pm and 10pm weekdays and 10am till 10pm weekends and bank holidays, and if there is demand between 10am and 10pm during the week in holiday periods. There would be a maximum of three staff and parking within the existing compound, any overspill would be within the wider estate. It is envisage to only provide tea, coffee and packaged snacks (chocolate, crisps, sweets) for those playing in the building.
3.1 The application site is designated as; Industrial/Business Park on the Area Plan for the South Map 4, Ballasalla. - 3.2 The site is not within a Conservation Area, there are no registered trees on site nor is it within an area of flood risk. It is appropriate to consider the following planning policies from the Isle of Man Strategic Plan 2016; - 3.3 Business Policy 1 - creation of employment opportunities Business Policy 5 - no retail and only storage and distribution on industrial sites - 3.4 General Policy 2 (GP2) (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:
3.5 Whilst there are no specific policies which support the provision of new recreation or sporting facilities, Chapter 10 of the Strategic Plan does acknowledge the positive impact they have on the quality of Island life; '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'.
4.1 The application site has no planning history that is considered relevant to this application. - 4.2 Other applications within Balthane of relevance are as follows, all approved:
20/00671/B - Conversion ground floor storage and first floor fitness studio 20/00304/C - conversion from general industrial to leisure 18/00799/B - conversion of unit to dog day care facility 18/00127/B - conversion of unit to dog grooming facility 16/01177/B - conversion of unit to motorcycle repairs and sales 15/00665/C - use of premises as plumber's merchants and bathroom sales 15/00156/C - use of office as hair salon 14/01382/B - use of premises as dog grooming facility 12/01610/C - conversion of unit to cafe 11/00870/C - use of premises for the repair and sale of motorcycles 10/01179/C - use of unit as a fitness centre.
5.0 REPRESENTATIONS (in brief - full reps can be read online)
5.1 Malew Parish Commissioners has not commented at the time of writing. - 5.2 Highways Services do not object (No Highways Interest) 03/12/21 -09/12/.21
6.1 The fundamental issues to consider in the assessment of this planning application are;
6.2 Whilst the site is not designated for recreation or leisure purposes, the proposed use does not easily fit into existing allocations and indeed the existing and approved leisure, recreational or fitness facilities. On the Island, such uses are now found in a variety of areas including industrial estates. As it has been demonstrated and noted in para. 4.2 of this report, there are many examples of sports and recreation facilities located in industrial areas around the Island but particularly those noted on this same industrial estate. The proposed use being for virtual reality gaming would be contained within the building and the use would not be out of keeping within the Industrial estate and would of a small enough scale to not be detrimental to the overall land use designation. It is further noted there are no material alterations to the building only the change of use.
6.3 Whilst not in full accordance with the Development Plan, when assessed again the broader principles of General Policy 2 and Business Policy 1 a change of use to a recreational use would not impact on the wider character and appearance of the area, nor would it conflict
with adjacent uses of the Balthane Industrial Estate. Given the ability to alter the use within Class 4.4 of the 2019 Use Class Order, of those uses listed (assembly and leisure) few of those would cause a conflict of use on this estate, however it could place additional pressure on parking in the area. In this case it would be appropriate to limit the use of the proposal by a condition to that as per the application and prevent any subsequent change of uses without seeking planning consent.
6.4 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 to the business in the estate and 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. Accordingly, it is likely the peak uses of the site will be when the adjacent units are not operational. - 6.5 Highway Services have considered the merits of the proposal, access to and from the site from the highway, as well as parking and highway safety. As the transport professionals their comments are heavily relied upon and as they do not object, the proposal would be aligned with the principles of GP2 (h&i).
RECOMMENDATION
7.1 For the above reasons, whilst the land is not designated for the proposed use it will provide facilities which are generally encouraged within the Strategic Plan, and given the reasonable size of the unit. The change of use is not considered to be unacceptable or to adversely impact generally on amenity of the area. Highway issues are also expected to be minimal given the location and the availability of parking either at the site or in nearby area. For these reasons the application and proposal is recommended for 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:
8.2 The decision maker must determine:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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: 21.02.2022 Signed : J SINGLETON 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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