Officer Report

Application No.: 15/01150/C Applicant: Del Catering Ltd Proposal: Change of use of premises from dairy to the preparation and distribution of sandwiches (retrospective) Site Address: Old Dairy Spring Gardens Douglas Isle of Man IM1 3JW Case Officer : Miss Melissa McKnight Photo Taken: 29.10.2015 Site Visit: 29.10.2015 Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFFERED TO PLANNING COMMITTEE AS AN OBJECTION HAS BEEN RECEIVED FROM AN EMPLOYEE AT THE PLANNING & BUILDING CONTROL DIRECTORATE.

1.0 THE APPLICATION SITE - 1.1 The application site forms part of the Old Diary, a two storey detached building located to the west of Spring Gardens, Douglas. The application site is located within the southernmost part of the Old Dairy. - 1.2 The remainder of the building is used for storage and bed manufacturing; neither use having planning permission. Both uses were the subject of previous applications which were refused. This has been set out in paragraph 3.0 of this report.

2.0 THE PROPOSAL - 2.1 The current planning application seeks approval for the change of use of premises from dairy to the preparation and distribution of sandwiches. The use is already being undertaken. There are no cookers or ovens within the building. - 2.2 The applicant has set out that there are three members of staff on the premises only one of which brings a vehicle to work. That person parks in an 'allocated' parking space for the unit which is further down the road. The application states that;

• - the business operates from 0700 - 1900 Monday to Saturday
• - there are 2 vans that operate from the business
• - when the vans are not in use one is parked the in the private parking space and the other is taken home by the applicant at about 2.30
• - when delivery vans arrive they park outside the garage door and deliveries last no more than 1 - 2 minutes.

2.3 The applicant states that there would be a total of three deliveries to the building and two deliveries from the building daily; Monday to Friday. The first delivery is at 0830, the second between 0900 and 1000, with the final delivery at 1300. On Saturday there are two deliveries to the building.

- 3.0 PLANNING HISTORY

3.1 It is understood from the Treasury that the premises was valued as a dairy for rating purposes up until 1994. The building was vacated by the previous owners around this period and soon after purchased by West Corporation. At the time its future use was not fully established and it was valued as a store and has remained so up to the present time. It is also understood from the owner of the building that the building was being used for data storage. - 3.2 Planning permission was sought in 1991 under PA 91/00561/C for the change of use of the first floor to a bed manufacture and the ground floor to garaging and storage. This previous planning was refused as the use would introduce additional traffic and parking problems to a predominantly residential area and would perpetuate the non-conforming use of the site. - 3.3 Approval in principle was later sought in 1993 under PA 93/01411/A alterations to create archive storage facility & administration suite. This application was refused for the following two reasons: The proposed use would clearly serve to:

• a) Facilitate the retention of a building which is unsuited in terms of scale and character to the residential area within which it sits; and
• b) Thwart the re-development of the site for residential purposes in accordance with the Local Plan and the approval granted in respect of PA 92/01300/A (Approval in principle for demolition of existing & construction of 6 terraced dwellings).

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site lies within an area zoned as Predominantly Residential under the Douglas Local Plan 1998. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains a number of policies that are relevant to the determination of the application:

Strategic Policy 1 encourages development to make the best use of resources by optimising the sue of redundant or under-used buildings; ensuring efficient use of sites and being located so as to utilise existing and planned infrastructure, facilities and services.

Environment Policy 22 states that development will not be permitted where it would unacceptably harm the environment and/or amenity of nearby properties in terms of pollution of the sea, surface water or groundwater; the emissions of airborne pollutants; and vibration odour, noise or light pollution.

Although not strictly relevant as the proposal is not in accordance with the land-use zoning, General Policy 2 sets out some standard planning considerations that are taken into account in the determination of all applications. Applications for development should not affect adversely the character of the surrounding landscape or townscape; should not affect adversely the amenity of local residents or the character of the locality; should provide satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; should not have an unacceptable effect on road safety or traffic flows on the local highways; and should not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan.

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council has no objection to the current planning application (30/10/2015). - 5.2 The Department of Infrastructure Highway Services do not oppose the current planning application (23/10/2015).

5.3 A representation has been received from the owner and occupier of No. 3 Spring Gardens in the form of an email dated 3rd November 2015 objecting to the planning application on the following grounds:

• - Increase in traffic on a very narrow residential street.
• - At 6.45am one of the business' vans has been parked in such a way while delivering or loading that they have blocked the pavement as well as partially blocking the road.
• - Delivery vans have previously blocked the road completely.
• - The first of the deliveries is early morning, and as the vehicles are large and noisy, this causes disturbance.
• - The business' own vehicles come and go throughout the day and on one occasion had to get out of the way of one of the delivery vans whilst walking on the pavement as they were driving along said pavement and showed no sign of stopping.
• - The two parking spaces referred to in the application are not of sufficient size to accommodate two vehicles. The way in which the two smaller vans associated with the business use this area of the site for parking blocks two footpaths, restricts access and egress from that end of the street, even for vehicles which deliver to their premises, and is of dubious legality as there are clearly marked double yellow lines all around that corner.
• - The way in which these vehicles park would severely compromise access for any emergency vehicles also.
• - The staff employed at the site that drive to work usually park in the street, restricting parking for residents.
• - Whilst it is good that the building is kept in use rather than allowed to fall into disrepair again, we feel that this use would be better placed somewhere with better access and parking facilities.

5.4 A representation has been received from the owner and/or occupier of No. 5 Spring Gardens objecting to the current planning application for the following reasons:

• - Excess traffic to and from the site and the problems it causes;
• - The delivery companies that service this site park in the middle of the road and block it whilst they unload;
• - The roads are narrow and the large delivery vehicles are forced to use the pavement which is making it unsafe for children who live an play;
• - The parking of the three company vehicles are diminishing access for emergency vehicles and the police have been called to the company to have their vehicles moved; and
• - Other matters relating to the activities of the business were raised (19/11/2015).

5.5 In response to the above objections, the applicant has submitted a letter addressing some of the above issues. The applicant has stated that there has been no valid objection from anyone else from the surrounding areas, Brisbane Street, Dalton Street and Spring Valley and surrounding roads. The applicant further states that there is no change to the building in size or design, there is no noise, disturbance, smell, fumes, dust or loss of light, privacy or outlook. The work does not affect traffic or road way and does not affect pedestrian or parking. The character of the area remains the same. Other matters regarding personal circumstances were made that are not considered material planning considerations (07/12/2015).

6.0 CONSULATIONS - 6.1 Given the nature of the use of the building it was felt necessary to receive the views and comments from Department of Environment, Food & Agriculture: Environmental Health. DEFA have confirmed in an email dated 2nd November 2015 that the use of the building as a sandwich preparation area has been registered with the Department under the relevant Food Hygiene Regulations and an inspection undertaken. The form of cooking was of such a limited nature that there was no need for an extract ventilation system to be installed. Additionally the noise most likely

to be associated with this business would be the unloading of goods and loading of delivery vehicles some of which may occur in the early hours of the day.

7.0 ASSESSMENT - 7.1 The unit is currently being used for the make-up of sandwiches and their distribution to various outlets across the Island. It could be argued that the overall production process may be classed as an industrial use as it involves the making, altering, washing, adapting for sale of any item or any combination of these. - 7.2 Under the Isle of Man Strategic Plan 2007, an industrial building is used for the carrying on of any process, for or incidental to any of the following purposes, namely:-

• a) the making of any article or of part any article; or
• b) the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or adapting for sale, or breaking up or demolition of any article; or
• c) without prejudice to the foregoing paragraphs, the getting, dressing or treatment of minerals; being a process carried on in the course of trade or business other than agriculture, and for the purpose of this definition the expression "article" means an article of any description, including a ship or vessel.

7.3 Such buildings are sub-divided into light industrial, general industrial and special industrial; it is considered that the use under this scheme would adhere to light industrial. Light industrial means a building in which the processes carried on or machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles. - 7.4 The overall making and production of the sandwiches would not result in adverse levels of noise, vibration, smell fumes, smoke, soot, ash, dust or grit given the nature and scale of operation involved in their production. This view has also been echoed by DEFA. - 7.5 Of concern is the traffic generation and impact upon parking within the area. It is necessary to consider the impacts of the delivery vehicle movements upon the residential amenity of the immediate neighbouring properties with regards to general noise and disturbance and the impact upon highway safety and the flow of traffic and parking. - 7.6 With the current use, the applicant has stated that there are three deliveries to the premises and two deliveries from the premises by the company themselves. In total there would be up to ten vehicle movements daily to and from the premises, not including staff travelling to and from the site. - 7.7 It is understood from the planning application that the hours of use of the business would be from 0700 to 1900 Monday to Saturday. The applicant has further stated that the first delivery arrives at the building at 0830 with the second delivery between 0900 and 1000 and the third delivery at 1300. When unloading, the delivery vans stop outside the existing garage door on the southern elevation. The applicant has stated that each delivery takes between 1 and 2 minutes. - 7.8 The two representations received from adjacent dwellings that live within Spring Gardens have made reference to the delivery vans blocking the road and making it unsafe for children to play. The representations also made reference to the size of the vehicles and the noise and disturbance caused as a result. - 7.9 From a site visit it was evident that Spring Gardens is a considerably narrow street almost making it impossible for cars to travel past existing parked vehicles, never mind larger vehicles passing. It was also observed that there were two vehicles belonging to the company parked alongside the southern elevation of the building that made passing difficult, but not impossible. Any

• larger vehicles would without doubt block the road to Spring Gardens as well as to Green Lane; to the rear of Spring Gardens.
• 7.10 As a result of the representations received and observations made, it was felt necessary to contact Highway Services to query whether they had any additional comments regarding the proposal. Highway Services stated in an email dated 25th November 2015 that they do not oppose the application and appreciate that during delivery times, school pick up/drop off times, etc. there will always be a build-up of traffic and this is relevant to any business, leisure facility or school, even where off road parking is provided. Highways further stated that they would look at the impact of such sites and weigh up the conflict between safety. Highway Services concluded that the application does not create any increased risk to safety as the existing.
• 7.11 With regards to the impact upon the highway and parking, the car parking standards set out in Appendix 7 of the Isle of Man Strategic Plan 2007 requires 1 space for every 30 square metres of net floor space for light industrial. The unit is approximately 113.5 square metres of net floor space, excluding hallways and fridge area, which would equate to a requirement for 3.7 parking spaces to be provided. Based on parking measurements of 3.25 metres by 6 metres, the site can actually only accommodate 1 parking space resulting in a shortfall of 2.7, rounded to 3, that cannot be provided.
• 7.12 The existing parking of two vehicles at the front of the building results in one vehicle overhanging the footpath which also creates an obstruction to pedestrians. It is understood from the applicant that when the vans are not in use, 1 van is parked at the front of the building with the other van taken home. However, during two site visits and photographs submitted by No. 5 Spring Gardens, this did not appear to be the case.
• 7.13 The area of Spring Gardens and neighbouring streets are all controlled by disc parking and resident permit parking. There has been no submission within the application outlining that shows where the other allocated or available parking for the site is. Although the applicant states that only one member of staff brings their car to work and parks their vehicle in an allocated space, 1) this may not always be the case; and 2) no other allocated parking has been shown on any of the submitted drawings. The existing streets surrounding the application site are already heavily congested throughout the day with parked vehicles and adding to this, albeit by a small number, would only result in the demand for increased on street parking which would harm the amenity of the permanent residents within the area.
• 7.14 In summary, the site fails to provide the required parking standards and puts a greater demand for on street parking which is another reason for objection made by No. 3 Spring Gardens, contrary to General Policy 2(g and h).
• 7.15 With regards to the impact of the deliveries upon neighbouring amenity and the highway network, although the applicant has stated that the deliveries only take between 1 and 2 minutes, there is still disruption caused by the blocking of a road, albeit not a main road which would, and does affect the flow of traffic and may indeed result in the obstruction of passing emergency vehicles. The blocking of a road, that is used for access to and from Spring Gardens is jeopardised as a result contrary to General Policy 2(i) has the use and associated vehicular coming and goings would have an unacceptable effect on road safety and traffic flows on the local highways.
• 7.16 Although the deliveries take place during day time hours, it might not be the case that all occupants of Spring Gardens work during what would be considered normal 9-5 working hours. It is an unfortunate case that such a building is located within a residential area, where the overall use of the building is limited as a result. The nature of the business would be best suited to a purpose built industrial area or a business park where there is adequate parking and space for the manoeuvrability for delivery vehicles and the impact upon residential amenity would be minimal, if any at all.

7.17 On assessment, the result in the additional coming and goings, and possible increased coming and goings to and from the building, the proposal is considered to have a detrimental impact upon the general amenity of the area and adversely affect the residential amenity of the residents of Spring Gardens by reason of disturbance and impact upon the highway.

8.0 RECOMMENDATION - 8.1 For the reasons set out above, the planning application is recommended for refusal.

9.0 PARTY STATUS - 9.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent; (b) 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; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considered material; and (e) 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.

9.2 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:

The owners and occupiers of No. 3 Spring Gardens; and The owner and/or occupier of No. 5 Spring Gardens. Recommendation Recommended Decision: Refused Date of Recommendation: 15.12.2015

• R 1. As a result of the number of vehicular movements to and from the site, the use is not appropriate for a residential area and results in general disturbance by virtue of noise of unloading and loading and the passing of large vehicles in such close proximity to residential properties that will harm the residential amenity of Spring Gardens contrary to General Policy 2(g).
• R 2. Due to insufficient on-site car parking the use relies predominantly on disc zone parking within the surrounding area to provide staff car parking and the existing highway network for deliveries. Given the traffic generation from the use it is concluded that the lack of adequate on-site car parking and insufficient parking provisions generally within the vicinity of the application site will cause unacceptable harm to highway safety, interrupting the flow of traffic and adversely affecting the general amenity and safety within the surrounding area. As such, the proposal is contrary to the provisions of General Policy 2(g, h & i) of the Isle of Man Strategic Plan 2007.

SUPPLEMENTARY REPORT FOLLOWING PLANNING COMMITTEE 04/01/16

Verbal update given on two representations received since writing of report, from Architectural Liaison Officer (dated 21 December 2015) and occupiers no. 3 Spring Gardens (24 December 2015).

Members overturned officer recommendation to refuse on the basis that the premises have been in commercial use for a significant amount of time, was identified in the officer's report as light industrial which according to para 9.2.3 of the Strategic Plan 2007 can be carried out in a residential area, important to keep business in town and that there were only two objections, subject to conditions most notably restricting the use to the 'preparation and distribution of sandwiches'.

Addition of Architectural Liaison Officer to Interested Persons list.

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 : Approved Committee Meeting Date: 04.01.16

C 1. The site shall be used for preparation and distribution of sandwiches and for no other purposes (including any other purpose in Class 5 of the Schedule 4 to the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification)

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.

Signed :A Morgan Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See above

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