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Application No.: 10/00522/C Applicant: Wynnstay Limited Proposal: Additional use of retail unit as office accommodation Site Address: Unit 5 Tower House Loch Promenade Douglas Isle Of Man IM1 2LZ ### Considerations Case Officer : Miss S E Corlett Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes : Consultee : Douglas Corporation Notes: No objection
The site represents a retail unit within the Tower House complex on the seaward side of Castle Street. The unit concerned with this application is a first floor unit on the northern end of the complex, accessed both from the first floor communal area as well as the ground floor unit which is connected to the upper area by an escalator and a staircase.
The site lies within an area designated on the Douglas Local Plan as Predominantly Shopping.
Proposed now is the use of the unit as offices and/or shopping. No changes to the building are proposed.
Planning permission was recently sought and granted for the change of use of some of the units on the first and second floors as offices - PA 02/1751 on the second floor and PAs 08/1868, 08/1869, 08 / 2125,08 / 2126,08 / 2127 for units 6,7,9,10 and 11 all on the first floor.
Permission was refused for units 3 and 4 under PAs 08/2123 and 08/2124 for reasons relating to the loss of retail units and the fact that the site is designated for retailing. The other applications for the
units on the second and first floors were permitted, so it is assumed that the concern was based on the fact that the proposed units were primary units on the ground floor.
Douglas Corporation indicate that they do not oppose the application.
The appropriate Business Policies in the Strategic Plan state: Paragraph 9.3.3 states "The Department has supported the location of offices in town and village centres for several reasons: a) such centres are accessible to all members of the community, staff and visitors alike, b) the activity and range of services contribute to the vitality and success of the centres; and c) the investment in property can be used to renew the ageing fabric of our town centre buildings."
Business Policy 7 states "New office space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space a) on approved Business Parks for Corporate Headquarters which do not involve day to day callers; or b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance."
Business Policy 8 states: "New office buildings should, in terms of height and mass, respect the scale and character of adjoining and nearby buildings and should accommodate parking space in accordance with the standards specified in Appendix 7 of the Plan."
Business Policy 9 states: "The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect of adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment."
Business Policy 10 states: "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5."
Paragraph 9.4.5 states "It is accepted that in some circumstances a mix of uses can be appropriate within town centre locations such as residential flats above retail units or office accommodation, particularly where this can help to ensure the use of the area at different times during the day, thus helping to ensure the security and vitality of these areas."
The policies do not state that office use within retail areas is unacceptable and in this case, other applications for office use have been permitted on the same floor as this, in adjacent units. The difference perhaps between these and this application is that there are interconnecting stairs and an escalator between the floors, the lower floor of which is to be retained as a shop. There is no reason why the two units could not be used for separate purposes even with these access points there are other units in the town centre with different uses on different floors - for example Costa Coffee operate a coffee shop within and on the first floor of Waterstone's book shop in Strand Street, Burton's menswear operate from the upper floor of Dorothy Perkins further along the street. The applicant could, without planning permission, close off one floor from another without planning
permission if the uses needed to be separated from each other and the stairs could be closed off to use by the public.
On the basis of the other approvals which have been granted for the use of the first floor units as offices, it is considered consistent and acceptable to recommend that this application for the use of the upper floor as office accommodation, be permitted.
The local authority 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.
Recommendation Recommended Decision: Permitted Date of Recommendation: 17.02.2011
Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
This permission relates to the use of the unit as shown in plans reference 12 and 01 both received on 14th April, 2010, as either retail or office use.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. Decision Made : Permitted Date : ............................................... Signed : ............................................... Senior Planning Officer
17 February 2011 10/00522/C Page 3 of 3
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