DEC Officer Report

Application No.: 18/01149/C Applicant: Andrea Kruger Proposal: Change of use from offices to doctor/dentist/physiotherapist/optometrist premises. Site Address: Warwick House Victoria Road Douglas Isle of Man IM2 4AE Senior Planning Officer: Mr Thomas O'Connor Photo Taken: 21.02.2019 Site Visit: 21.02.2019 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 18.02.2019 _________________________________________________________________

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The building shall not be used by more than 4 medical practitioners and 5 ancillary staff totalling 9 persons at any one time.

Reason: In order to maintain a satisfactory level of operation of the premises commensurate with the operational parameters of the site.

• C 3. The use hereby approved shall not be undertaken outside the following times:

0900 to 2000 hours on Mondays to Saturdays and 1000 to 1800 hours on Sundays.

Reason: In order to maintain the amenities of the area. Plans/Drawings/Information:

This decision relates to Location and Site Plans Drawing 1715/PL/1000; Existing and Proposed Floor Plans 1715/PL/1001 and Design & Access Statement in support of the application dated stamped and received on 29rd October 2018.

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AS THE LAND IS NOT ZONED FOR THE DEVELOPMENT PROPOSED BUT IS RECOMMENDED FOR APPROVAL

1.0 THE APPLICATION SITE - 1.1 The application site is a broadly rectangular plot of 2780sqm some 800m to the north of Douglas Town Centre facing north east onto Victoria Road. The surrounding area is characterised by a mix of residential, retail and some commercial use. Land to the south outlined in blue is a rear woodland and garden area to the site and this will remain in place. An adjacent footpath to the site links Victoria Road to the Central Promenade coastal road to the south - 1.2 Location of the site is on the boundary edge of the town centre with regard to the Strategic, General and Business Policies of the Isle of Man Strategic Plan 2016 but its further classification under the Douglas Local Plan 1998 is unclear as this document does not really define the boundaries between what is in or out of town at this location. - 1.3 The two storey building is a free standing modern design, granted planning permissions in the 1980s, with a footprint of some 170 sq m (340 sq m overall internal floor area on both floors; finished in a hipped pitch roof and pebble dash façade. Location is within its own grounds that includes off street parking for up to 25 vehicles to the front and side of the building - 1.4 The application form indicates that the building has been vacant since 2016 despite being advertised commercially as offices both in the Isle of Man and the UK but, prior to this, the building was last used "substantially as offices .

2.0 THE PROPOSAL - 2.1 The application, as submitted, seeks to change the use of the building from an office use (Use Class 4) to a medical/health facility (sui generis). A total of four consulting rooms with ancillary preparation rooms would be provided within the building on both floors, three on the ground floor and one set on the upper floor. In addition a Treatment Room would be provided on the upper floor and a waiting area for patients and a reception area provided on the ground floor. Both of these would be shared facilities to be shared by all the practitioners. - 2.2 The proposal would be for a private clinic to provide facilities for medical practitioners who do not have premises on the Island on a contract basis by the week, the day or indeed by the hour. There would be no more than three practitioners utilising the premises at any one time with consultations on an appointment basis only with no more than 2 clients being seen per hour by each practitioner. - 2.3 Consultations would be by appointment only with hours of operation between 0900 to 2000 hours Monday to Saturday and 1000 to 1800 on Sundays.

3.0 PLANNING HISTORY - 3.1 86/00107/A Permitted on review; approval in principle for the layout of land to form office development land between Agrimark and Falcon Cliff Court; - 3.2 87/04712/B. Permitted on review; Erection of an office block on land between Agrimark and Falcon Cliff Court

3.3 10/01200/B. Permitted; Creation additional parking.

- 4.0 PLANNING POLICY

4.1 Douglas Local Plan Order 1998. This site is zoned as being in an area for office use. - 4.2 Draft Area Plan for the East. In this document, the site and its wider surroundings tis designated as a mixed use. - 4.3 The Isle of Man Strategic Local Plan 2016 - 4.4 Strategic Policy 1: Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services.

4.5 Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan. This chapter concentrates on the land use implications of business activity, including industry, storage and distribution, office and commercial development, retailing and tourism having regard to these Objectives, the Department has proposed Strategic Economic Policies in Chapter 4 (at paragraph 4.4). In terms of their impact on employment, - 4.6 Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. Of this document - 4.7 General Policy 1: The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations. In this way, development will be directed towards suitable or preferred locations and away from unsuitable or undesirable locations. - 4.8 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (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;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;

• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption.

4.9 Transport Policy 7, via Appendix 7, requires that Medical / health services provide 3 spaces per consulting room plus staff parking. It is not known how 'staff parking' should be translated into a parking requirement, but assuming that this is one space per staff member, the overall requirement will be for a total of 18 spaces (6 for staff, and 12 for the consulting rooms). - 4.10 Community Policy 6: New community health care facilities and extensions to existing facilities will be permitted provided that they:

• a) would not result in an over concentration of such uses in a particular area;
• b) would not have an unacceptable effect on the residential or prevailing character or amenity of the area;
• c) would be easily accessible; and
• d) would not have an unacceptable impact on the local highway network.

- 5.0 REPRESENTATIONS

5.1 Highways - object to the proposal in their letter of 19 December 2018 on the grounds that, in their opinion the application confirms:

• - That medical facility would operate on an appointment only basis, with each appointment a minimum of 30 minutes duration
• - The operating hours would be 9am to 8pm Monday to Saturday and 10am to 6pm on Sundays
• - The applicant states that it is envisaged that there would not be more than 3 practitioners at any one time but this is not agreed by Highways as there are more than 3 consulting rooms
• - The existing site access arrangements would remain unchanged and at approximately 5.5m wide the site access should be able to accommodate two-way traffic
• - The car park has sufficient manoeuvring and on-site turning space, and the space sizes are

2.4m x 4.8m which are adequate for existing spaces but below 'Manual for Manx Roads' design guide standards

• 25 site car parking spaces would be retained but space nos. 24 and 25 are blocked in and could only be used by staff and not patients

5.2 The application states that there would be 4 consulting rooms but the proposed floor plan shows 4 consulting rooms, 1 treatment room and 4 equipment rooms with sinks that could potentially be used as consulting rooms. Therefore, Highways consider that there would be 9 consulting rooms for the purpose of assessing the site parking demand. - 5.3 The parking standards require 3 spaces per consulting room plus staff parking for medical/health facilities. The 9 consulting rooms would therefore require 27 spaces (9 x 3 = 27). The number of proposed staff needs to be confirmed by the applicant. It is anticipated that there would be 9 staff (1 per consulting room) plus additional support and administration staff. As there are 25 spaces the level of site parking is less than the site parking demand that would be generated by the development. - 5.4 Highway Services oppose the application as there would be inadequate site parking which is below the parking standards in 'The Isle of Man Strategic Plan 2016'. - 5.5 In order for highway support to be afforded to the development the above issues raised would need to be fully addressed by the applicant to the satisfaction of Highway Services with the level of site use reduced and conditioned accordingly to reduce the number of consulting rooms and the associated site parking demand.

5.6 Douglas Borough Council: No objection to the proposal in their letter of 16th November 2018.

- 6.0 ASSESSMENT

6.1 The original approved use of this building is as an office and this was fully compliant with its zoning designated as mixed use within the Douglas Local Plan Order 1998 at the time of the original permission with applications granted accordingly. - 6.2 The following considerations need to be assessed within the context of the proposed change of use from offices to a private medical facility:

1) whether or not the loss of the building from its approved use is acceptable, and

(2) whether or not the proposed use is acceptable for the building and wider area, which assessment includes the acceptability of the parking situation and also the impact on neighbouring living conditions. As no physical changes are proposed, the appearance of the building will not alter.

6.3 The building has been vacant from its original use comprising a combination of Class 4 (offices) for over two years despite extensive marketing to find a new tenant over this period. - 6.4 The proposed use as a proposed private health centre for medical examinations would by its intent and use not fall within the remit and public function of a community use as a Community Health Care Facility as indicated in Community Policy 6 of the Isle of Man Strategic Plan 2016. The proposed development would only service a limited number of private patients that are treated individually outside of the Island health system. As such this use of this building for this purpose would be better considered as an isolated use on its own (sui generis). - 6.5 However, the application would continue to comply with the spirit of Community Policy - 6 in that it would not result in an over concentration of such uses in a particular area; being at a low level of operation, arguably much lower than the office use previously occupying the site, the proposal would avoid an unacceptable effect on the residential or prevailing character or amenity of part of the area nearby. Being located off Victoria Road close to the centre of town, the site would remain easily accessible; and avoid any unacceptable impact on the local highway network.

6.6 The use of the private health facility would be easily contained within the confines of the existing building with no more than 3 practitioners operating from the site at any one time but with the capacity to accommodate up to four practitioners (consulting and ancillary adjacent equipment rooms). In addition to this a treatment room would be available for use in common by the practitioners on the upper floor and a common waiting area provided for patients on the ground floor. - 6.7 A total of 25 off street parking spaces are available within the grounds of the building Highways have objected to this proposal on the grounds that they assess that 27 Parking spaces are required and, as such, in their opinion that there are insufficient parking spaces to satisfy the proposed facility. Highways have calculated that including the treatment rooms as potential separate consulting rooms there would be up to 9 rooms available to separate practitioners. Highways calculate that the parking standards, contained in Appendix 7, would therefore require 3 spaces per consulting room plus staff parking for medical/health facilities. On this basis Highway Services calculate that 9 consulting rooms would therefore require 27 spaces (9 x 3 = 27). Given that the site can only provide for 23 parking spaces (two being blocked off when the car park is full), Highway Services maintain that the proposal would not satisfy the requirements of parking standards for this type of facility. - 6.8 The applicants have made clear in their supporting statement that it is their intention to only aim for 3 consultants to be present and using the site simultaneously at any one time even though there is capacity for up to four to be present. The applicant also indicates that

• the preparation rooms and treatment room indicated are ancillary to the consultation rooms and would therefore not be used as separate consulting rooms in their own right. In addition to the consultant there would be 4 support staff and a receptionist totalling 9 staff if 4 consultants were to be present.
• 6.9 Given the 12 spaces required (4 x 3) for patients visiting the site, the applicant maintains that a realistic requirement of parking on this site would be 25 spaces supplied to accommodate also the 9 medical staff and the receptionist which, with some restrictions on two of the spaces, can nonetheless be provided on this site within the requirements of Appendix 7. Highway Services appear to have extrapolated on the basis of maximum use of all rooms which is clearly not the intention of the applicant and conditional limitations can be put in place to any planning permission that may be granted that would limit this to three practitioners simultaneously operating from the site at any one time. In practical terms the use of the site for parking and as well as access onto the highway network from the site would arguably be less than its previous use as an office. On balance, with conditions in place restricting its use and occupancy, the proposal would be able to satisfy the parking requirements contained within Appendix 7 (Parking Standards) of the Isle of Man Strategic Plan 2016.
• 6.10 That the building has been unoccupied for some time and there is currently a surplus of vacant and available office accommodation within the Island particularly in Douglas and, as such, the use of the site as a medical facility would not adversely impact upon the availability of office space within the town nor the use of the area which is zoned for mixed use.
• 6.11 On this basis, it is considered that the change of use of the building from an office use to a private health facility from its approved use is acceptable and accords with Business Policy 1.

- 7.0 CONCLUSIONS AND RECOMMENDATION

7.1 The proposed change of use of the building from an office use to that of a private health facility would, not adversely affect the availability of office space elsewhere within Douglas and occupying location classified as being within a mixed use area be an acceptable change of use that would not impact upon the mixed residential and business character of the area. As such, the proposed development would comply with Business Policy 1 of the Isle of Man Strategic Plan 2016. - 7.2 In terms of parking provision, the proposal would be able to accommodate the 9 medical staff and the receptionist within the off street parking of 25 spaces provided within the site in accordance with requirements of Appendix 7 (Parking Standards) of the Isle of Man Strategic Plan 2016.

8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o The owner and the occupier of any land that is the subject of the application or any
• other person in whose interest the land becomes vested;
• o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case Department of Infrastructure Highway Services and
• o The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the

word 'Department' to be the Department of Environment, Food and Agriculture unless

• otherwise directed by that Order. _____________________________________________________________________

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Permitted Committee Meeting Date: 04.03.2019 Signed : T O’Connor Presenting Officer Further to the decision of the Committee an additional report and amended condition reason was required YES/NO See below PLANNING COMMITTEE DECISION 04.03.2019 Application No. : 18/01149/C Applicant : Andrea Kruger Proposal : Change of use from offices to doctor/dentist/physiotherapist/optometrist premises. Site Address : Warwick House Victoria Road Douglas Isle of Man IM2 4AE Senior Planning Officer : Mr Thomas O'Connor Presenting Officer As above Addendum to the Officer’s Report Committee at their meeting on 04/03/2019 required condition 2 of the permission to be amended to read the following

No more than 4 consultation rooms shall be in use at any one time. Reason: In order to maintain a satisfactory level of operation of the premises commensurate with the operational parameters of the site.

Conditions of Approval

• 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No more than 4 consultation rooms shall be in use at any one time.

Reason: In order to maintain a satisfactory level of operation of the premises commensurate with the operational parameters of the site.

• C 3. The use hereby approved shall not be undertaken outside the following times:

0900 to 2000 hours on Mondays to Saturdays and 1000 to 1800 hours on Sundays.

Reason: In order to maintain the amenities of the area. Plans/Drawings/Information

This decision relates to Location and Site Plans Drawing 1715/PL/1000; Existing and Proposed Floor Plans 1715/PL/1001 and Design & Access Statement in support of the application dated stamped and received on 29rd October 2018.

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