Erection of two units for use as office accommodation with associated facilities (partially retrospective)
Site Address:
Parville Court Balthane Industrial Estate Ballasalla Isle Of Man IM9 2AH
Case Officer:
Miss Laura Davy
Photo Taken:
03.01.2013
Site Visit:
03.01.2013
Expected Decision Level:
Planning Committee
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE FOR DETERMINATION AS THE PROPOSED USE IS NOT IN ACCORDANCE WITH THE LAND USE ZONING.
The Site
The application site is the curtilage of Units 14 and 15 Paville Court, Balthane Industrial Estate, Ballasalla which is situated to the western side of the Balthane Industrial Estate. The site is to the rear of some existing industrial units and is within a secure area. Eleven industrial units have already been constructed to the southern side of the application site and are currently vacant, there are a further two units to the northern side. Parking spaces and yard are provided at the front of the units.
The Proposal
The original description of the development was "Conversion of Units 14 and 15 from storage units to office accommodation with associated facilities", having visited the site, the units have been built but have not been used for storage and therefore cannot be assessed as a change of use. The description has now been changed to "Erection of two units for use as office accommodation with associated facilities (partially retrospective)". Whilst the description of the development has been changed it is considered that there has not been such a change in the proposal to warrant the readvertisement of the application.
Proposed is the erection of two units to be used as office accommodation with a toilet block adjoining the side elevation. The units would be the same size as the existing units to the southern side, but would have two pedestrian accesses and windows rather than a roller shutter door.
Planning History
The previous planning application is considered to be relevant in the assessment of the current application:
PA 11/00070/B Erection of two blocks of storage units with associated facilities – permitted
Development Plan Policies
The application site is within an area zoned as "Predominantly Industrial Use" identified on the 1982 Development Plan and "Industrial/Business Park" identified on the Modified Draft Area Plan for the South. Given the nature of the application it is appropriate to consider Business Policy 5 and Business Policy 7 of the Isle of Man Strategic Plan (20th June 2007).
Business Policy 5
On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either:
a) The items to be sold could not reasonably be sold from a town centre location because of their size or nature; or b) The items to be sold are produced on the site and their sale could not reasonably be severed from the overall business;
And in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area.
Business Policy 7
New office floor space should be located within two and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space
a) On approved Business Parks for Corporate Headquarters which do not involve day to day callers; or b) In buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance.
Consultations
Highways Division do not oppose as it has no traffic management, parking or road safety implications.
Malew Commissioners do not object to this application.
Isle of Man Water and Sewerage Authority do not object subject to standard conditions.
Assessment
The application seeks approval for the erection of two units to provide office accommodation. The area is zoned as "Industrial/Business Park"; the proposed use is not wholly in accordance with this zoning.
The applicant owns in excess of forty units on the Balthane Industrial Estate and has run the Estate Office on Balthane for over thirty years. The company has been renting an office on the Balthane Industrial Estate for many years the lease on which is coming to an end. They have advised that they have vacant units as businesses are struggling to survive in the present climate and they wish to utilise one of their vacant units.
Business Policy 5 states that permission will be given only for industrial development or for storage and distribution on land which is zoned for industrial use. So whilst there is usually a presumption against office space within an industrial area, in this instance it is considered that the proposed use would be acceptable.
The company which would be using these units is already on the Balthane Industrial Estate and has been for over thirty years. Their business is directly related to the Balthane Industrial Estate and therefore it seems logical that they should be based there. The people that the company deal with on a day to day basis are based on the Industrial Estate as their day to day callers are their tenants. The applicant feels that it is beneficial
to their tenants and the general public to maintain an office on the estate. They have advised that they liaise with the Police and Fire Brigade and are generally able to direct them in an emergency to any of the buildings/businesses on the Estate.
So whilst there is a presumption against offices being located within industrial areas, given the nature of this particular business it is considered that the use of these units as office accommodation would be acceptable in this instance.
The appearance of the proposed building is similar to the adjacent units; it also provides toilet facilities for those occupying the adjacent units to use. Given the design and construction of the building it could be converted to two industrial storage units in the future if it were required subject to planning permission.
The design and appearance of the building is considered to be acceptable given its location and neighbouring properties.
For the above reasons the application is considered to be acceptable and is recommended for approval.
Party Status
The local authority, Malew Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
The Isle of Man Water and Sewerage Authority is not considered an "interested person" under the criteria set out in the Town and Country Planning (Development Procedure) Order 2005, and as such is not afforded party status.
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 08.01.2013
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
: Notes attached to refusals
C 1.
This permission relates to the erection of two units for the use as office accommodation as shown in drawings Location Plan, 1183.1 and 1183.2 received 21st November 2012.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : Permitted Committee Meeting Date : 12/01/13
Signed : [Signature] Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate.
YES/NO
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