DEC Officer Report

Application No.: 21/00543/C Applicant: Miss Laura Mackie Proposal: Change of use from retail to a personal training studio Site Address: First Floor 33 - 35 Victoria Street Douglas Isle Of Man IM1 2LF Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 23.06.2021 _________________________________________________________________

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. it is concluded that the planning application is in accordance with aforementioned policies of the Isle of Man Strategic Plan 2016 and the Area Plan for the East.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 24.05.2021. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 APPLICATION SITE - 1.1 The application site is 33 - 35 Victoria Street, Douglas, a corner terrace building situated on the southern side of Victoria Street and west of Duke Street. The property is traditional four storey building, with office/ professional services on the ground floor and offices/retail on the upper floors.

2.0 THE PROPOSAL - 2.1 The application seeks planning permission for a Change of Use from retail to a personal training studio to the first floor of the property. - 2.2 The applicants state: "I wish to convert the 1st Floor space into a private personal training studio. I will be offering Personal Training sessions on a 1-2-1 basis as well as small group training sessions.

Warehouse Fitness Women's only gym closed its doors on the 8th May, I was employed by them. I am fortunate enough that the owners of the gym are still allowing me to use the gym for the time being. However, this will only be for a short period of time due to building works which are due to begin very soon. I want to offer women a place to train where they can work out safely and feel comfortable. My clients are all women, who do not feel comfortable training in mixed gyms.

Parking would not be an issue, as there are many car parking facilities within walking distance and some of my clients do work within walking distance of the premises. The studio would not have any environmental impact as the floor would be soundproof, therefore ensuring the retail unit below would not be affected by any noise and music would be played in the background at a respectable level."

3.0 PLANNING HISTORY - 3.1 The previous planning applications are considered specifically material to the assessment of this current planning application; - 3.2 Conversion of existing office accommodation into three residential apartments 15/01217/B - APPROVED - 3.3 Change of use of premises from retail to financial services (Ground floor) - 14/00993/C

- APPROVED

3.4 Change of use from disused retail unit to licensed betting office (ground floor) 88/04384/C - APPROVED

4.0 DEVELOPMENT PLAN POLICIES - 4.1 The site is within an "Mixed Use Proposal Area - Strand Street" within the Area Plan for the East 2020. The site is also within a Conservation Area. - 4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant: - 4.3 General Policy 2 state: "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'.

4.4 Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to:

• (a) minimise journeys, especially by private car;
• (b) make best use of public transport;
• (c) not adversely affect highway safety for all users, and
• (d) encourage pedestrian movement"

4.5 Transport Policy 7 is also relevant: 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.' The standard in respect of town centre residential development is one car parking space per each one-bedroom flat and two spaces per each two-bedroom flats but this can be relaxed when having regard to:

• (a) the location of the housing relative to public transport, employment, and public amenities;
• (b) the size of the dwelling;
• (c) any restriction on the nature of the occupancy (such as sheltered housing); and
• (d) the impact on the character and appearance of the surrounding area.

4.6 Environment Policy 35 states; "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." Area Plan for the East 2020: - 4.7 "Town Centre - Mixed Use Proposal 3 There will be a presumption in favour of retail and ancillary town centre uses such as food and drink and health and beauty uses along the primary shopping frontage. Outside of the primary shopping frontage a wider variety of town centre uses including financial and professional services open to visiting members of the public will also be acceptable. Entertainment venues, Offices and residential use will be acceptable at first floor level and above, but not at ground floor level where an active frontage should be maintained and enhanced. These active frontages are essential to sustain an attractive town centre."

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council has no objection (02.06.2021). - 5.2 Highway services have commented (07.06.21); "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking."

6.0 ASSESSMENT - 6.1 The proposed use is within the Douglas Town Centre and within a mixed use area. The ground floor (currently empty but has permission for office/financial services) would be unaffected by this proposal. The use of the upper floor as a small gym would seem appropriate and would likely be used by person working within Douglas or who live in close proximity. There are public parking spaces nearby and the major bus links close by. Overall, it is considered the proposal would comply with all the relevant planning policies and would be an appropriate use of the upper floor.

7.0 RECOMMENDATION - 7.1 Overall, it is concluded that the planning application is in accordance with aforementioned policies of the Isle of Man Strategic Plan 2016 and the Area Plan for the East and 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:

• (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 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 Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 01.07.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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