DEC Officer Report

Application No.: 19/01130/B Applicant: Tesco Stores Ltd Proposal: Erection of extension to existing warehouse and remodelling of service yard and overflow car park Site Address: Tesco Superstore Lake Road Douglas Isle Of Man IM1 5AF Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.12.2019 _________________________________________________________________

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. Prior to the use of the proposed development the altered access shall be surfaced in bound and stable material across its entire width for a distance of at least 5.0m back from the highway boundary. Reason: to avoid loose material being deposited on the highway.
• C 3. Prior to the use of the proposed development the developer shall include details of proposals for cycle parking. The cycle parking shall be provided prior to occupation of the proposed development. Reason: to encourage sustainable transport in accordance with the active travel strategy.
• C 4. For the avoidance of doubt no approval is hereby given for the use of the new warehouse building hereby approved to be used for retail purposes and may only be used for storage purposes associated with the Tesco superstore.

Reason: The application has sought additional warehouse space and the application has been judged on this basis only.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers P01, P02, P03, P04, P05, P010, Planning Statement, Transport Statement & Flood Risk Assessment & Drainage Strategy Report (dated 21st June) all received on 10th October 2019.

And Flood Risk Assessment & Drainage Strategy Report (dated 28th November 2019) received on 28th November 2019. _______________________________________________________________

Interested Person Status – Additional Persons

It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Manx Utilities are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the Tesco supermarket store, Douglas. The store is situated alongside Lake Road and adjacent the River Douglas. The application relates to the eastern part of the store within the rear delivery yard area.

2.0 THE PROPOSAL - 2.1 The application seeks planning approval for the erection of extension to existing warehouse and remodelling of service yard and overflow car park. No additional retail space is being provided by this development. The additional floor space created (506m2) is only to create additional storage space along with the remodelling of the back of the store and existing warehousing areas. The proposal would result in the loss of 6 existing car parking spaces from the overflow car park.

3.0 PLANNING HISTORY - 3.1 The site has an extensive planning history; however, none is considered relevant to the current application.

4.0 PLANNING POLICY - 4.1 The Tesco store and its curtilage (including car parking and yard) are zoned as Retail Warehousing by the Douglas Local Plan 1998. It is also recognised as being within the Central Area Boundary. The site is within a High Flood Risk Zone - River and Tidal zone. - 4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant: - 4.3 Spatial Policy 1 states: "The Douglas urban area will remain the main employment and services centre for the Island." - 4.4 General Policy 2 states: "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.'

4.5 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted." - 4.6 Transport Policy 1 states: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes." - 4.7 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"

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council do not object (20.11.2019). - 5.2 Highways Service do not object (20.11.2019) making the following comments;

"The planning application is supported by a Transport Statement (TS) which indicates that preapplication highway related advice was provided that raised the following issues that needed to be addressed:

• o Additional vehicle movements;

• o A swept path analysis of vehicles entering and exiting the proposed development;
• o The proposals would result in a requirement of an additional car parking space per 100sqm
• of new development but there would be a loss of car parking due to the development. In order to address this, weekday and Saturday car parking surveys would be required; and
• o Construction and visibility requirements for the proposed site access. The site contains a large supermarket in an edge of town centre location with a current total Gross Floor Area (GFA) of 4,021sqm and a total of 354 on-site car parking spaces. This is a provision of 1 car parking space per 11.4sqm of GFA.

There is no specific car parking standard for supermarkets in the Isle of Man Parking Standards. By means of comparison Highway Services has used the Bedford Parking Standard to determine how the site compares to UK parking provision. The Bedford Standard would require a minimum of 1 space per 10sqm of GFA for an out of town development (or a maximum of 1 space per 9sqm of GFA). For an edge of town centre development the 1 space per 9sqm standard could be relaxed to between 51% and 75% of the maximum, depending upon the degree of accessibility by non-car travel modes. This relaxation would equate to between 1 space per 12sqm and 1 space per

17.6sqm. It can be seen that currently there is more than adequate car parking provision based upon the Bedford Standard.

The existing car parking is provided in the main by a car park to the west of the supermarket building. There is a secondary overspill car park to the east of the building that currently has 28 car parking spaces. The TS does not contain any car parking survey information therefore Highway Services undertook a sample car parking survey on Saturday 2nd November 2019 between 12:50 and 13:10. Note that normally for a supermarket development such as this, the car parking demand reaches a maximum between 12:00 and 14:00 on a Saturday. The survey determined the following:

• o The western car parking area to the east of the car park entrance was at around 95% capacity but with a number of spaces available;
• o The western car parking area to the west of the car park entrance was at around 50% capacity with the number of available spaces increasing with distance from the store;
• o The overspill car park being close to the store was either full or with just 1 space available during the survey period; and
• o The existing cycle parking provision was within a storage area for shopping trolleys and was impractical to use with cycles being informally secured to objects such as downspouts.

The sample survey indicated that there is currently a maximum demand of around 1 car parking space per 15.2sqm of GFA; which is in the middle of the range for an edge of town development as determined by the Bedford Parking Standard. There is currently more than adequate car parking provision for an average Saturday peak of demand.

The development includes the provision of an additional 506sqm of GFA which would bring the proposed total GFA to 4,527sqm. The development would be additional warehousing space and there would be no increase in the customer floor area. The extension would involve the loss of 10 spaces in the overspill car park but with an additional space provided to east of the altered car park entrance. This would leave 19 spaces remaining with the overall loss of 9 spaces. The total

• on-site car parking provision would be reduced to 345 spaces.

With the development in place the revised car parking ratio would be 1 space per 13.1sqm of GFA. The proposed amount of car parking would be within the range indicated by the Bedford Standard and the estimated maximum demand of an average Saturday of 1 space per 15.2sqm of GFA. Based upon the sample survey the car parking demand would be at 86% of capacity with the development in place. In the build up to the Christmas period it is likely that maximum demand would increase.

The overspill car park entrance from Lake Road would be moved to the west which would involve new access construction and the stopping up of part of the existing access. This alteration in location would provide an improvement to the visibility from the access. The works would also involve footway alterations on both sides of the car park access and dropped kerb pedestrian crossing points of the altered access would need to be provided in a similar manner to that of the existing. A further access to the west of the car park access would also need to be stopped up with the footway reinstated with a raised kerb. In order to undertake the access works on Lake Road the developer would need to enter into a Section 109A Highway Agreement.

The new surfacing for the altered access within the site would need to be surfaced with bound and stable material (not loose stone).

A swept path analysis for a 6 axle articulated HGV has been provided that indicates that right in and left out turns can be undertaken along with turning around space within the site.

Whilst it is believed that the remaining car parking would be adequate for the vast majority of the time with the development in place, there would be nonetheless be a loss of 9 car parking spaces and an increase in car parking demand. As mentioned above the existing cycle parking infrastructure is not practical to use and it is considered that suitable cycle parking should be

provided to replace the loss of car parking. The cycle parking would need to be provided in close proximity to the store entrance and this could involve the loss of 1 further car parking space if parking for 10 cycles were to be provided. The cycle parking could be provided by means of 5 cycle stands spaced at 1.0m centres with 0.6m clearance at either end; this would use an area of approximately 2.0m by 5.2m which could be accommodated within a single end car parking space. The cycle parking would be for use of customers and any additional staff that the extended building would accommodate. The cycle parking would need to be covered.

Suggested Conditions

• 1. Prior to occupation of the proposed development the altered access shall be surfaced in bound and stable material across its entire width for a distance of at least 5.0m back from the highway boundary. Reason: to avoid loose material being deposited on the highway.
• 2. Prior to occupation of the proposed development the developer shall include details of proposals for cycle parking. The cycle parking shall be provided prior to occupation of the proposed development. Reason: to encourage sustainable transport in accordance with the active travel strategy.

Informative In order to close and reconfigure the existing accesses the developer would need to enter into a Section 109A Highway Agreement.

Recommendation: DNOC"

5.3 Manx Utilities make the following comments (05.12.2019):

"MUA have reviewed the application and attached Flood Risk Assessment and have the following conclusions/ comments:

• o We are confident the applicant has understood the risk of flooding to the site. Especially from the existing culvert than runs under the car park.
• o The finished floor level for the Tesco building is 5.46 mAD02 and above the latest design flood levels. The latest available design flood levels are as followed:

mAD02

• o Fluvial flood Level in car park (100-year + Climate Change) 5.39
• o Tidal flood level Douglas (1 in 200-year (2115) 5.47
• o Given the existing layout of the area, the extension is unlikely to alter fluvial flood flow pathways.
• o The development type is classed as 'Less Vulnerable' use.
• o Whilst not classed as minor, the extension is only 5,450 sq.ft.

To summarise, in this case the development does not seem inappropriate and no further comments with reference to flood risk will be issued."

- 6.0 ASSESSMENT

6.1 The key considerations are the principle of the development; impact upon parking provision; visual impact upon street scene and potential impact upon flooding. Principle of the development - 6.2 The site is designated as retailing warehousing and the proposal is essentially additional storage space for the retail until. The proposal complies with the local plan designation and therefore the principle of the works is considered acceptable.

• Impact upon parking provision
• 6.3 The proposal, as outlined by Highway comments results in a the loss of a small amount of the existing 354 parking spaces. However, the Department would agree with the comments and conclusions of Highway Services that the loss would not have a significant impact upon parking to the suite and would still fall in line with parking ratios listed within Highway Services comments. Visual impact upon street scene
• 6.4 The proposed building is simple in form and appearance, and in the main will be screen from public view with only the roof section being apparent from public view, given the height of the existing boundary walls and the height of the new building. Potential impact upon flooding.
• 6.5 A flood risk statement has been included and been update through the process following discussions between the applicants and Manx Utilities. From this Manx Utilities have confirmed that "the development does not seem inappropriate and no further comments with reference to flood risk will be issued".

- 7.0 CONCLUSION

7.1 Overall, it is considered the proposal would comply with the relevant planning policies listed within this report and therefore it is recommended that the application is approved. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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 considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 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 in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 10.12.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

Customer note

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