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Application No.: 23/00181/C Applicant: Mr Harry Dale Proposal: Change of use to a gaming lounge (retrospective) Site Address: Unit 1D Riverside Trading Estate Pulrose Road Douglas Isle Of Man IM2 1AB Planning Officer: Mr Peiran Shen Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 19.04.2023
C : Conditions for approval N : Notes attached to conditions
C 1. The approved use is for gaming lounge use only. Any use changes within or outside use class 4.4 (including gym) will need to submit a new planning application.
Reason: The assessment is made according to the impact of a gaming lounge. Any changes will need to be reassessed regarding its impact on neighbouring properties and on the future usage of neighbouring properties.
This application has been recommended for approval for the following reason.
While against land use designation, the proposed use does not conflict with other uses currently taking place in the same building, particularly the previously approved gym. On balance of the small size of the unit and its unlikeliness to have a negative impact on neighbouring properties, the proposal is considered to be acceptable.
Plans/Drawings/Information;
This approval relates to the documents and drawing no. 22/14/01 which has been received on 18th February 2023.
Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions these do relate to planning considerations:
Flood Management Division (DOI) _____________________________________________________________________________
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT IS RECOMMENDED FOR APPROVAL BUT CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN.
1.0 THE SITE - 1.1 The application site is part of Riverside Trading Estate, Pulrose Bridge, Douglas (Unit 1D), a first-floor unit of an industrial-appearance building located to the south of Pulrose Road. - 1.2 The building currently has a car cleaning business, a construction business and a martial art gym located on the ground floor. It is unclear whether the construction business or the martial art gym is in operation at the time of the site visit. There is a fitness gym on the first floor.
2.0 THE PROPOSAL - 2.1 The proposed work is the change of use to a gaming lounge (Class 4.4).
3.0 PLANNING HISTORY - 3.1 Change of use of first floor from retail to a fitness centre was APPROVED under PA 15/00358/C. - 3.2 Erection of two industrial units for warehousing, retail and storage was REUSED on review under PA 01/00706/B. A note on the application states: "It is noted that retail use is not proposed; no approval is implied to retail use of other premises within the site." - 3.3 Alterations & extensions to form additional office space was APPROVED under PA 91/01288/B.
4.0 Planning Policy Site Specific - 4.1 The site is within an area designated as Industrial in the Area Plan for the East. - 4.2 The written statement of the Area Plan contains the following policies that are considered materially relevant to the assessment of this current planning application:
4.3 The site is within an area with High Risk for both river flood and surface water flooding. Strategic Policy - 4.4 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
PPS and NPD
4.5 There is no relevant Planning Policy Statement or National Policy Directive that applies to this application.
5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance - 5.1 There is no relevant strategy or guidance that directly applies to this application.
6.0 REPRESENTATION - 6.1 Douglas Borough Council has no objection to this application (06.03.2023). - 6.2 DoI Highway Services does not oppose this application (16.03.2023). The comment states that there is no significant negative impact upon highway safety, network functionality and/or parking. - 6.3 DoI Flood Risk Management comment (06.03.2023) that: "As the building is within a high risk flood zone FRM would condition that flood mitigations are taken. All electrics to be above maximum flood height, flood resilient materials for all ingress/egress. A Flood Risk Assessment and emergency escape plan. No residential use of facility."
7.0 ASSESSMENT Principle of the Development - Initial Assessment - 7.1 The proposal is located within an industrial-appearance building within an area designated for industrial use and the proposed gaming lounge could be considered as under Use Class 4.4 (Assembly and Leisure). However, the area is designated for industrial use. This means the proposal does not comply with Employment Proposal 1 and Employment Recommendation 2 with the Area Plan. It also does not fit in with the exceptions listed in Business Policy 5 and 7. Current Use - 7.2 In the meantime, the applicant has stated the existing use should be a gym (Class 4.4) under the approved PA 15/00358/C. However, while the redline boundary was around the whole building, both the existing and the proposed plan shows the unit relate to this application (Unit 1D) as "not surveyed" and the only internal door connecting Unit 1D and the current gym floor space were to be closed off. Compared to other parts of the plan, it is safe to conclude that Unit 1D was not part of the approval under PA 15/00358/C. - 7.3 The applicant has confirmed on phone calls with the case officer (18.04.2023) that the unit was indeed used as part of the gym followed by a period as a construction office for the Pulrose Bridge Reconstruction Program. Unfortunately, both uses have no planning record. - 7.4 At this stage, the only lawful use for the current Unit 1D that has a planning record is the approved PA 91/01288/B. In this application, the current Unit 1D was planned as office space. Regardless of whether ancillary to the industrial use of the building at that time, it is safe to assume that the current Unit 1D has not had industrial processes taking place within it from the completion of the unit. Principle of the Development - Final Assessment - 7.5 Given paragraphs 7.2-7.5, it is considered that the proposal will not lead to the loss of industrial space and is therefore considered principally acceptable. - 7.6 As a fallback position, the change of use would still be from retail (Class 1.1) or gym (Class 4.4) to gaming lounge (Class 4.4), which would lead to the same assessment as paragraph 7.6.
7.7 This being said, the proposed use is still contrary to the designated industrial use. Hence, it's submitted to the planning committee for determination. Elements of Assessment - 7.8 The key considerations in the determination of the application are the principle of development (paragraphs 7.1-7.7), its impact on the neighbouring amenities, the further usage of neighbouring properties and on parking provision. Impact on Neighbouring Amenities - 7.9 Gaming Lounge is quite, similar to an office, most of the time. It can sometimes be noisy, in a similar manner to a sporting event. However, given the proposed site can only accommodate a small number of gamers/spectators, the intensity of the potential noise is no worse than what comes from the gym equipment, the car cleaning business or even the traffic noise from the road. Therefore, it is considered that the proposal would have a neutral impact on neighbouring amenities. Future Usage of Neighbouring Properties - 7.10 The building is within an area designated for industrial use. However, given the most active unit within this building is a gym, it is considered that safeguarding potential industrial use within the building is no longer pragmatic. Traffic and Parking - 7.11 As Highway Services has no objection, it is considered that there is a neutral impact on traffic and parking provision.
8.0 CONCLUSION - 8.1 While against land use designation, the proposed use does not conflict with other uses current take place in the same building, particularly the previously approved gym. Combined with the small scale of the unit and its unlikeliness to have a negative impact on neighbouring properties, the proposal is considered to be acceptable.
9.0 INTEREST PERSON STATUS - 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
9.2 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:…22.05.2023
Signed :…………………………………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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