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Government Mollge Elion Vaneer
Michelle Owen DPP Sophia House 28 Cathedral Road Cardiff CF11 9LJ
In pursuance of powers granted under the above Act and Order, the Department of Infrastructure determined to REFUSE planning application by, ref 13/00687/B, for the erection of temporary building in car park for seasonal retail sales between 01 April to 30 September on an annual basis at Tesco Store Lake Road Douglas Isle of Man IM1 5AF for the following reason:
Date of Issue: 18th September 2013
Director of Planning and Building Control
This decision was made by the Planning Committee in accordance with the authority delegated to it.
Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/
Please note that a copy of the Officer's report which led to the decision (copy enclosed), together with correspondence relative to the application, are available for inspection at the Department.
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.
Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.
Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SFTel (01624 685950) email; [email protected] $13 / 00687 / B$
| Application No.: | 13/00687/B |
| Applicant: | Tesco Stores Limited |
| Proposal: | Erection of a seasonal extension to existing retail store between 1st April and 30th September on an annual basis (retrospective) |
| Site Address: | Tesco Store |
| Lake Road | |
| Douglas | |
| Isle Of Man | |
| IM1 5AF |
Case Officer: Mr Edward Baker Photo Taken: Site Visit: 26.06.2013 Expected Decision Level: Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF A MEMBER OF THE COMMITTEE.
'Erection of temporary building in car park for seasonal retail sales between 01 April to 30 September on an annual basis'.
09/00301/B - application refused in 2010 by the Council of Ministers for the erection of a store extension including mezzanine and bulk store extension, temporary store, decked car park and alterations to highway. The proposed gross floor space was 4,777 square metres ( 2,788 square metres net).
04/02320/B - approval granted in 2005 for the construction of a home shopping area and canopy (amendment to 04/00937/B).
04/00937/B - approval granted in 1994 for the construction of a home shopping area, canopy, link walkway and turning head. The proposal altered the scheme refused under 03/01646/B.
03/01646/B - application refused for the construction of a home shopping area, canopy and link walkway in existing service yard.
97/00418/B - approval granted for retail development comprising food supermarket with associated warehouse, offices, coffee shop, petrol station and car parking.
'All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park(1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8. ${ }^{\prime}$
'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; (1) 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.'
'The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1).'
'Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5.'
'The Tesco Extra proposal is contrary to development plan retail policies dealing with the location of retail development and should be refused. The proposal conflicts with Strategic Policy 9, Business Policy 9 and Business Policies 9 and 10 from the strategic plan because these policies call for retail development to be located within the town and village centres. The Tesco application site is not within Douglas Town Centre. It is an out of centre site. Furthermore, to allow major additions of retail development on a site 900 m from the main shopping area would set a damaging precedent for future shopping policy and retail investment in the Island.'
i) Such centres are accessible to all members of the community, staff and visitors; ii) The activity and range of services contribute to the vitality and viability and success of centres; and iii) Investment in property can be used to renew the ageing fabric of the Island's town centre buildings.
Whether this is a suitable location in principle for the proposal
areas, and also points out that the site is zoned for retail warehousing by the Douglas Local Plan. However, taking the previous Inspector's comments on board, the site would appear to be outside the retail 'centre'.
'...[it] would probably divert up to about $14 \%$ of trade on comparison goods from Douglas Town Centre. This trade would obviously not help to enhance the vitality and viability of Douglas. Inevitably a predicted loss of trade would reduce footfall in the centre and could deter future retail investment. Precise impacts were not predicted. The most that can be said is that the trade attracted to Tesco would be likely to damage existing stores in Douglas Town Centre and might hinder future chances for new retail investment. This outcome would be unwelcome. But on its own, this uncertain level of impact would not amount to a compelling reason for refusal.' (par. 408)
The effect of the proposal on the character and appearance of the area
Parking and highway safety
Recommendation Recommended Decision: Permitted Date of Recommendation: 06.09.2013 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
C 1.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2.
The development hereby permitted shall not be carried out except in full accordance with the following plans: site location plans; Drawing Numbers AC108 100 (existing site layout); AC108 200 (proposed site layout); 1001 (details of ramp); and three dimensional drawings of building received on 14 June 2013.
C 3.
There shall be no retail sales from the building outside the months of April to September inclusive in any calendar year.
C 4.
The building shall not be used other than for the sale of the following items:
9 September 2013 13/00687/8 Page 6 of 7
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
16/9/13
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO (see below)
The committee overturned the decision to reprint on grounds that the site is outside the town where there is a presumption against new retail development. Members were also concerned about the proposal setting an undesirable precedent. Please see draft minutes for reprint reason I agreed with.
Andrew Gawdy
Ed 17/9/12
Planning Case History for Tesco Store Lake Road Douglas Isle Of Man IM1 5AF
Case Number : 13/00687/B Proposal : Erection of a seasonal extension to existing retail store between 1st April and 30th September on an annual basis (retrospective) Status : Pending Decision
Case Number : 13/00095/B Proposal : Erection of a covered trolley shelter Status : Permitted
Initial Decision : Permitted 7th March 2013 Conditions :
years from the date of this notice.
)020 and 010819 - TROLLEY SHELTER - 5030 X 4145 date stamped the 29th January 2013.
Case Number : 12/00843/D Proposal : Installation of illuminated and non illuminated signage Status : Permitted
Initial Decision : Permitted 16th July 2012 Conditions :
**** years from the date of this notice.
02_2396_02, 02_2396_03, CD-A03311-01, CD-A03311-02 date stamped the 7th June 2012.
Case Number : 12/00839/B Proposal : Erection of a cage marshalling area within service yard and creation of five additional car parking spaces Status : Permitted
Initial Decision Permitted 16th July 2012
Page 1
Conditions
| Case Number | : 12/00798/B |
| Proposal | : Installation of replacement trolley shelters |
| Status | : Permitted |
| Initial Decision | : Permitted | 13th July 2012 |
| Conditions |
| Case Number | : 09/01298/B |
| Proposal | : Alterations and erection of an enclosed lobby to existing store entrance |
| Status | : Permitted |
| Initial Decision | : Permitted | 30th September 2009 |
| Conditions |
Appeal Reference : 09/00001/CI
Page 2
| Case Number | : 09/00301/B |
| Proposal | : Erection of store extension including mezzanine and bulk store extension, temporary store, decked car park and alterations to existing highway network (Amended plans and additional information received) |
| Status | : Refused by Council of Ministers |
Appeal Decision : Refused by Council of Ministers 6th July 2010
Conditions : If in the planning database, as follows.
Case Number : 05/01740/B Proposal : Installation of additional cooling units and extend face brickwork screen walling Status Permitted
Initial Decision : Permitted 4th November 2005 Conditions :
years from the date of this notice.
SC927/P/10-01 and SC927/P/10-02 all received on 8th September 2005.
Case Number : 04/02320/B Proposal : Amendments to PA 04/00937/B to allow construction of home shopping area and canopy Status Permitted
Initial Decision : Permitted 17th January 2005 Conditions :
years from the date of this notice.
and relates to drawings numbered 15 151/001, /003, /004, /051, /053, /054, and /055 date stamped 15th November 2004.
Case Number : 04/00937/B Proposal : Construction of a home shopping area, canopy, link walkway and turning head Status Permitted
Initial Decision : Permitted 30th June 2004 Conditions :
years from the date of this notice.
/014C, /020D, and /032D, and date-stamped 10th May 2004.
Case Number : 03/01646/B Proposal : Creation of a home shopping area, canopy and link walkway in existing service yard
Page 4
Status : Refused Initial Decision : Refused 20th February 2004 Conditions :
Case Number : 97/00418/B Proposal : Retail development comprising, food supermarket with associated warehouse, offices, coffee shop, petrol station and car parking, former Quiggins Yard, Lake Road, Douglas. Status : Permitted Initial Decision : Permitted 15th September 1997 Conditions :
Case Number : 98/01872/B Proposal : Amendments to approved superstore, Lake Road, Douglas. Status : Approved at Appeal Appeal Reference : 98/01872/B Appeal Decision : Approved at Appeal 16th November 1999 Conditions : If in the planning database, as follows.
Page 5
Case Number : 98/01871/D Proposal : Provision for advertising signage, approved superstore, Lake Road, Douglas. Status : Split decision at review
Initial Decision : Split Decision 22nd April 1999 Conditions :
Case Number : 99/01188/D Proposal : Erection of site development sign board, site of new store, Lake Road, Douglas. Status : Permitted
Initial Decision : Permitted 19th November 1999 No Conditions
Case Number : 96/00634/B Proposal : Approval in principle for erection of retail unit, Former Quiggin's Yard, Lake Road, Douglas Status : Permitted on Review
Initial Decision : Permitted 13th September 1996 Conditions :
Case Number : 96/00309/B Proposal : Approval in principle for erection of food retail supermarket with associated warehouse, offices, car parking and petrol station, former Quiggins Yard, Lake Road, Douglas. Status :
Case Number : 92/00969/B Proposal : Replacement of existing with construction of display, sales & office accommodation for building business, Lake Timber Yard, Douglas. Status : Permitted
Initial Decision : Permitted 1st January 1994 No Conditions
Case Number : 85/00493/A
Page 6
Proposal : Approval in principle to demolition, and construction of retail outlet with associated car park, Quiggin & Co. premises, Lake Timber Yard, Douglas Status : Permitted
Case Number : 99/02248/D Proposal : Erection of totem pole advertising sign Status : Permitted on Review
| Initial Decision | : Permitted | 1st January 1994 |
| No Conditions |
Case Number : 99/02247/D Proposal : Erection of signage to north elevation Status : Permitted
| Review Decision | : Permitted on Review | 20th July 2000 |
| Conditions | : |
Case Number : 99/02246/B Proposal : Erection of covered storage area Status : Permitted
| Initial Decision | : Permitted | 27th April 2000 |
| No Conditions |
| Initial Decision | : Permitted | 8th May 2000 |
| Conditions | : |
PA13/00687/B Tesco Stores Limited
Erection of a seasonal extension to existing retail store between 1st April and 30th September on an annual basis (retrospective), Tesco Store Lake Road Douglas Isle Of Man IM1 5AF Planning Officer:
Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 17.06.2013, includes;
Dev Control Polygons:
Reference Number: 98/01872/B Status: Split Decision Proposal: Amendments to approved superstore, Lake Road, Douglas. Reference Number: 98/01871/D Status: Split decision at review Proposal: Provision for advertising signage, approved superstore, Lake Road, Douglas. Reference Number: 99/01188/D Status: Permitted Proposal: Erection of site development sign board, site of new store, Lake Road, Douglas. Reference Number: 96/00634/B Status: Permitted on Review Proposal: Approval in principle for erection of retail unit, Former Quiggin's Yard, Lake Road, Douglas Reference Number: 85/00493/A Status: Permitted
Proposal: Approval in principle to demolition, and construction of retail outlet with associated car park, Quiggin & Co. premises, Lake Timber Yard, Douglas
Reference Number: 12/00839/B Status: Permitted Proposal: Erection of a cage marshalling area within service yard and creation of five additional car parking spaces Reference Number: 12/00798/B Status: Permitted Proposal: Installation of replacement trolley shelters Reference Number: 05/01740/B Status: Permitted Proposal: Installation of additional cooling units and extend face brickwork screen walling Reference Number: 03/01646/B Status: Refused Proposal: Creation of a home shopping area, canopy and link walkway in existing service yard Reference Number: 13/00095/B Status: Permitted Proposal: Erection of a covered trolley shelter Reference Number: 99/02248/D Status: Permitted on Review Proposal: Erection of totem pole advertising sign Reference Number: 99/02247/D Status: Permitted Proposal: Erection of signage to north elevation
Reference Number: 09/00301/B Status: Refused Proposal: Erection of store extension including mezzanine and bulk store extension, temporary store, decked car park and alterations to existing highway network (Amended plans and additional information received) Reference Number: 09/01298/B Status: Permitted Proposal: Alterations and erection of an enclosed lobby to existing store entrance Reference Number: 99/02246/B Status: Permitted Proposal: Erection of covered storage area Reference Number: 04/02320/B Status: Permitted Proposal: Amendments to PA 04/00937/B to allow construction of home shopping area and canopy Reference Number: 04/00937/B Status: Permitted Proposal: Construction of a home shopping area, canopy, link walkway and turning head Reference Number: 97/00418/B Status: Permitted Proposal: Retail development comprising, food supermarket with associated warehouse, offices, coffee shop, petrol station and car parking, former Quiggins Yard, Lake Road, Douglas. Reference Number: 96/00309/B Status: Proposal: Approval in principle for erection of food retail supermarket with associated warehouse, offices, car parking and petrol station, former Quiggins Yard, Lake Road, Douglas. Reference Number: 92/00969/B Status: Permitted Proposal: Replacement of existing with construction of display, sales & office accommodation for building business, Lake Timber Yard, Douglas. Reference Number: 12/00843/D Status: Permitted Proposal: Installation of illuminated and non illuminated signage PLanning Enforce: Reference: 13/00029/COMP Status: Case Closed Nature of Enforcement: Alleged use of parking areas for unloading and storage of goods vehicles Reference: 08/00159/COMP Status: Case Closed Nature of Enforcement: Erection of a marquee in car park Flood Zones: Flood Zone Location: Douglas Return Period: 100yr + CC Flood Zone Location: Douglas Return Period: Flood Zone Location: Douglas Return Period: 200 year
Notes
Ed 26/6/13
condition
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