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Application No.: 10/00416/R Applicant: Mr Andrew Lawrence Proposal: Change of use of warehouse and store to recreational sporting use (Retrospective) Site Address: Warehouse And Store Falcon Cliff Terrace Lane Douglas Isle Of Man IM2 4AX ### Considerations Case Officer: Mr Ian Brooks Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes : Do not oppose Consultee : Douglas Corporation Notes : ## Consultee : Planning Enforcement Officer Notes :
The application site is a warehouse located to the north west of the Falcon Cliff Terrace Lane. To the southwest of the application site is Flats 1-6 of The Arthur Bell Estate and to the north east of the site are the residential properties of Hilary Mount, Arbory and Cynara, which are located on Poplar Road. To the northwest of the site is a service lane to the rear of the properties of Upper Dukes Road. The application site is zoned as predominantly residential within the Douglas Local Plan 1998.
The application is seeking to obtain planning permission to change the use of the warehouse and store to recreational sporting use, in particular for martial arts classes.
The classes start at 5.30 and finish at 8.30 on Monday and Wednesday evenings and finish at 9.30 on Tuesday and Thursday evenings. There are no classes on Fridays and the weekends vary from 3 to 5 hours starting at 10am. No information has been submitted to indicate whether the hours of operation are broken down into sessions e.g. and so forth.
The application does not provide any details of the maximum number of students that will be attending anyone session.
The supporting statement states that there are two main instructors and a few assistant instructors; however, there is not mention of the precise number of staff that will be in attendance for the classes.
No information has been submitted showing the proposed car parking layout.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: Strategic Policy 1, General Policy 2, Transport Policies 4 and 7.
There have been previous planning applications on the site which are considered relevant in the assessment and determination of this application:
08/01571/B - Residential development comprising 5 townhouses, one maisonette and one apartment with associated parking and access - refused at appeal on 8th June 2009.
02/01333/B - Extension to warehouse - refused 6th January 2003 98/00631/C - Change of use of storage building to plumbers merchants - refused on review 29th September 1998
91/01484/C - Change of use from food wholesale warehouse to Police general store - permitted 90/01356/C - Change of use from fruit wholesalers warehouse to motor body repair shop - refused on review
87/01679/C - Change of use from wholesale fruit and vegetable warehouse to motor body repair \& vehicle storage - permitted on review.
Highways Division of the Department of Infrastructure do not oppose the application. They note the hours of operation will not generate additional traffic during peak periods
Douglas Borough Council has not commented on the application. The Environmental Protection Officer of the Department of Environment, Food and Agriculture has commented on the application: "The use of these premises for martial arts does not in my opinion raise any issues which could be considered a noise nuisance in a residential area i.e. there is no sound amplification, new fans, power plants etc. In respect of traffic noise this is unlikely to be any louder than existing noise from residential traffic and significantly less than from typical heavy vehicle use of a warehouse. My only concern would be that planning permission is restricted to this type of sporting use as other sporting uses such as motorized vehicles or firearms could cause noise nuisance in this residential area. The IoM planning use classes do not distinguish between motorized vehicles or firearms and other leisure activities as in the UK."
The occupiers of Hilary Mount, Poplar Road have objected to the application on the following grounds: 1) The building is the wrong type of building for such activities, due to its construction consisting of an asbestos roof with glass panels, which apart from being potential hazard to users, has no soundproofing properties whatsoever, 2) increased noise and disturbance, 3) Concerned that regular fight nights will be occur at the site which will lead to a further increase in noise and disturbance, 4) The only access to the warehouse is via an adopted lane, which is in poor condition and has not surface drainage. This lane is also the only fire access to both the warehouse and to the rear of at least half a dozen properties, and even with the present volume of traffic, this can be dangerous. This hazard and an increased use of the lane are reasons that two previous applications for development of the site have been turned down in recent years.
Further to their objection letter, the occupiers of Hilary Mount have indicated that the proposed car parking area is being used as a scaffolder's yard and the safety issues it raises with the use of the warehouse as a gym.
The occupiers of Berethone, Falcon Cliff Terrace Lane have objected to the application on the following grounds: 1) Increased traffic, 2) Lack of parking and turning as it is at the end of a cul de sac, 3) Inability of residents to park when warehouse is in use, 4) Irresponsible and inconsiderate parking, 5) concerned about access for emergency services, 6) Increased noise, 7) Inappropriate youth culture i.e. groups of youths "hanging around" the area, 8) Litter, 9) Increased risk to domestic animals within the area.
The occupiers of Bethany, Upper Dukes Road have objected to the application on the following grounds: 1) increased noise, 2) the use will have mixed martial arts which will include competitions i.e. fighting which will cause spectators shouts with excitement, 3) Changing the use to recreation will leave the owner a wide scope in the future for other ventures.
The residents of the Arthur Bell Estate have objected to the application on the following grounds: 1) increased traffic will lead to further deterioration of the un-adopted lane. 2) increased noise and disturbance, 3) Concerned about the increase noise from any cage fighting that may occur.
The occupiers of Arbory, Poplar Road are concerned about the use of site for public fight nights for the following reasons: 1) there would be insufficient access to and parking on site to cope with attendance by the general public or a wide membership, 2) the noise from such events would be excessive and disturb them and other residents in the area; and 3) whilst the building might be structurally sound, they query whether it is safe to hold such events.
The occupiers of Sunnycrest, Poplar Road have objected to the application on the following grounds: 1) the change of use would be out of character in a residential area, 2) the added noise pollution is very important factor, 3) concerned about the widening of the use of the building if planning permission is granted, 4) The warehouse has no sound proofing, it has no separate toilet facilities for boys and girls, it has an asbestos roof, cars are double parked on either side of the lane and in the event of an emergency there is no way a fire brigade could access the property due to congestion [sic], which must surely contravene health and safety regulations, 5) Pedestrian safety, 6) object to the use of the driveway as a reversing area, 7) increased noise from the comings and goings, 8) object to competition fight nights leading to further increase in noise, parking and congestion
ASSESSMENT
The previous use of the building has been a warehouse, which is a non-conforming use within an area zoned as predominantly residential in the Douglas Local Plan 1998. The proposed change of use into a recreational sporting use would be contrary to the land use zoning of the area as predominantly residential in the Douglas Local Plan 1998. However, this does not necessarily mean that the use is unacceptable, as there are other considerations to be taken into account such as how will the use impact upon the neighbouring properties and whether there is sufficient parking provision for the use.
This is where the assessment gets difficult. The planning application is rather lacking in detail in how the use operates and it does not show how many car parking spaces with manoeuvring areas can be adequately accommodated within the site. This information has been sought and a meeting has taken place with the applicant to go through what is required; however, to date, no additional information has been provided to allow the Planning Authority to carry out an accurate assessment of the proposal. It is therefore inappropriate to comment on the acceptability of use until the full facts are known. It is therefore recommended that planning permission be refused on the grounds that insufficient information has been provided to accurately assess the application.
Comments from residents about health and safety issues are not a material planning consideration, as they are controlled through separate regulatory controls and therefore no weight is attached to these concerns.
RECOMMENDATION It is recommended that the application be refused for the above reasons. PARTY STATUS
The local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The Highways Division of the Department of Transport is now part of the Department of Infrastructure of which the planning authority is part of. As such, the Highways Division cannot be afforded party status in this instance.
The Environment Protection Officer of the Department of Environment, Food and Agriculture have commented on planning matters and as such should be afforded party status.
The occupiers of Hilary Mount, and Arbory of Poplar Road and the Flats of The Arthur Bell Estate are adjoining the application site and as such should be afforded party status.
7 January 2011
10/00416/R
The occupiers of Sunnycrest, Poplar Road, Bethany, Upper Dukes Road and Berethone, Falcon Cliff Terrace have commented on planning matters such as noise, traffic generation and general disturbance and therefore would be appropriate to grant party status in this instance to them all.
Recommended Decision: Refused
Date of Recommendation: 07.01.2011
N : Notes attached to conditions R : Reasons for refusal
R 1. Insufficient information has been submitted to accurately assess the impact on the use on the residential environment of the surrounding properties and the local highway network.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer.
Decision Made : Refused Date : Signed : Senior Planning Officer
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