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Application No.: 24/91181/B Applicant: GBG Fences Proposal: Erection of an external canopy to existing service yard (Amendment to PA 24/00665/B) Site Address: B&Q Unit 35 Spring Valley Industrial Estate Douglas Isle Of Man IM2 2QT Senior Planning Officer: Jason Singleton Recommended Decision: Permitted Date of Recommendation: 11.11.2024 _________________________________________________________________
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.
This planning application is recommended for approval as it would be in accordance with the land use designation and would comply with the Business Policy 5 and General Policy 2 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to drawings referenced;
received on 15 October 2024. _________________________________________________________________
Right to Appeal
It is recommended that the following should NOT be given the Right to Appeal: Highways Services - No Objection Unit 7-8 Spring Valley Industrial Estate - Objection does not relate to material planning considerations
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The application site is curtilage of Unit 35 (B&Q) Spring Valley Industrial estate, Douglas. The property is a large commercial retail business that sits to the north of Cooil Road with a large parking apron to the South elevation. To the rear is a service lane where deliveries are received and a loading bay area to the east / rear of the main retail building. The rear of the site is screened with a 3.5m high metal security fence.
2.0 THE PROPOSAL - 2.1 Proposed is the erection of an external canopy and frame measuring approx.25m x 11m x 6m high to provide a covered storage area, within the rear storage yard. - 2.2 This application is an amendment to a previous approval (approx. 20m x 20m x 9m high) to make the overall building smaller in footprint (half (half the width and slightly longer by 5m) than previously approved under PA. 24/00665/B. (see planning history) and with a different roof profile reducing the overall height by approx. 3m. - 2.3 This building would be free standing with a steel portal frame and sited adjacent to an existing covered storage facility. At present the area is utilise for storage with racks and forklift access. - 2.4 The applicant's note on the application form; "New external canopy to provide a covered storage area. Extension of existing Eco drain. Provision of storage racking under the covered area and in surrounding service yard. This is a revision of planning approval ref. 24/00665/B. This application is to reduce the size of the canopy". - 2.5 The scope of works are solely contained to the rear and within the existing fenced off area that forms the service yard to the retail premises.
3.0 PLANNING POLICY - 3.1 The application site is located within an area designated as 'Industrial' and within the settlement boundary on the Area Plan for the East 2020 (Map 4 Douglas). - 3.2 Within the written statement accompanying the plans Employment Proposal 1 (page 74) specifically refers to existing industrial land and cross references to Business Policy 5 and 7 for preferential uses for; manufacturing; warehousing and distribution; office accommodation - 3.3 The site is not within a Conservation Area, there are no registered trees on site nor is it within an area of flood risk. It is appropriate to consider the following planning policies from the Isle of Man Strategic Plan 2016; Business Policy
5 - Limitations on retail and only storage and distribution on industrial sites General Policy
4.0 PLANNING HISTORY - 4.1 24/00665/B - Erection of an external canopy to existing service yard. Approved. This application gave consent to erect a free standing portal framed building measuring a footprint of 20m x 20m with an eaves height of 5.5m and a ridge of 9.1m. The buildings frame work would be cladded with corrugated sheeting in a "goose wing grey" colour. The building would be open at both ends and installed immediately adjacent to the existing building. Internally this covered area would be used for storage in conjunction with the retail premises and would feature racking storage shelves with more racking shelves outside of the covered area. - 4.2 20/00001/D - Installation of illuminated and non-illuminated signage. Approved. - 4.3 05/00420/B - Alterations and installation of a new mezzanine sales floor, B & Q Superstore. Approved.
5.0 REPRESENTATIONS (in brief - full reps can be read online) Statutory Consultations - 5.1 Braddan Parish Commissioners - have not commented at the time of writing. - 5.2 Highways Services - do not object (18/10/24) - "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the canopy will shelter existing outside racks and a suitable loading area will be retained for delivery vehicles in the service yard". Public Representations - 5.3 A representation has been received (21.10.24) from a business operator of Unit 7-8 Spring Valley Industrial Estate, which states; "Please can you give details of access road adjacent to B&Q will be shut or in-accessible during work. Site access routes and parking of trailers for building materials. This through is required at all time for Target Tools trade counter and customers. Relationship to site: Immediately adjacent to the site."
6.0 ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application are;
Principle
6.2 The proposal as was the former approval would see the erection of a storage structure adjacent to the main building on site to allow for covered storage / distribution with racking shelves. Given the existing use of the premises is in accordance with the land use designation and the proposals are merely providing a weather cover to protect goods prior to going on the shelves for retail, the level of retailing would be unaffected from the new building. - 6.3 The proposed extension/ structure would not be adding any additional uses or removing areas for storage and manoeuvrability in the service yard. As such the principle of the proposals and its use would be in accordance with BP5, and the land use designation. Impact of the proposals - 6.4 This proposed extension / structure as an amendment to a previous approval to reduce the overall appearance is now of a size and scale that would be subservient to the existing proportions of the adjacent host building. The ridge height of this building would be lower than the adjacent host building to which it would be attached and would have a ridge being about eaves height of the host building and would not be detrimental to the character of the area or those adjacent industrial buildings outside of this site. Whilst there may be views of the upper proportions of the structure, it would not be read out of character with the immediate use of the site or the wider industrial building surrounding this site.
6.5 The finish and choice of materials for this structure and roof would seek to match the existing adjacent building which helps to ensure the built form is in keeping with the character and appearance of the existing industrial / retail unit (B&Q). The proposed use would be incidental to the wider use of the site and would not have any detrimental impact upon the use of the neighbouring units. These aspects of development are deemed to be an acceptable form of development that complies with those sections of General Policy 2(b) & (c) (g). Highway Safety - 6.6 With regard to the comment received from a neighbouring business operator, the concerns raised are centred on vehicle access during the construction phase and the lane to the rear. As a material consideration this would not be relevant in this case but taking on board those comments, the existing use of this part of the site for the delivery of goods and storage of such products, generally delivered by articulated vehicles that operate within the site. The delivery of materials for the construction of this building, its inherent design utilising a steel portal frame and cladding, its method of erection and likely short delivery time to complete would not be seen to be detrimental to existing business users given the existing nature of the site. It is further noted that Highways Services do not raise any concerns regarding safe access and egress in relation to this application. As such, the highways issue in connection to this proposal are deemed to satisfy GP2(h&i).
7.0 CONCLUSION - 7.1 For the above reasons, it is concluded that the planning application would be in accordance with the land use designation and not considered harm the use and enjoyment of neighbouring industrial units nor would it have a detrimental visual impact and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, and is recommended for approval.
8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 8.2 Article A10 sets out that the right to appeal is available to:
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
I can confirm that this decision has been made by the Acting 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 and/or rights to appeal.
Decision Made: Permitted Date: 18.11.2024 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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