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Application No.: 14/00871/C Applicant: Crossroads Care Isle Of Man Proposal: Permission for Crossroads Care to occupy light industrial units and undertake furniture repair, storage and distribution with supporting administrative staff accommodation Site Address: Units 5 & 6 Block B Ballapaddag Industrial Estate Douglas Isle Of Man IM4 2AF Case Officer : Mr Ian Brooks Expected Decision Level: Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE
1.1 The site is a recently constructed industrial unit within the new Eden Business Park, which is located to the south of Eden Park Garden Centre and the west of Robinsons, Cooil Road. The site is zoned as open space (Agricultural) in the Braddan Parish District Local Plan
1.2 The existing building is comprised of 6 units for light industrial use. THE PROPOSAL
2.1 The application is seeking planning approval to undertake furniture repair, storage and distribution with supporting administrative staff accommodation within units B5 and B6. Although the furniture repair activity falls within the approved use of the units, the office accommodation for the supporting administrative staff is not ancillary to the furniture repair activity but is to be used for administrative staff for the running of the charity as a whole. - 2.2 The application is proposing to amalgamate units B5 and B6 into one unit, which will be occupied by Crossroads Care ("The applicant"). - 2.3 The applicant is seeking to move into a suitable unit on a light industrial estate to enable furniture repairs to be undertaken. They have indicated that adults with disabilities who may not enjoy or be suited to the customer contact in the charity shops would be involved in the process of repairing furniture. - 2.4 The applicant has indicated that furniture will be brought to the unit where it will be thoroughly cleaned and repaired to make it suitable for resale. Repairs could take the form of replacing damaged parts like handles, legs, casters, seat coverings, replacing damaged glass to picture frames etc.
2.5 Over half of the overall area of the units will be the workshop were the repairs will be carried out. The workshop will include an area were newly donated furniture will be stored to be inspected and repair works planned and another area where furniture will be waiting to be transported to their shops. A small part of the workshop will be sectioned off for paint and varnish application. Most of the repair work will be carried out with hand tools with some use of cordless drills and jigsaws etc. - 2.6 The applicant has also indicated that they are also intending to make small items like gift cards and arts and craft items for seasonal sale in their town centre shops. - 2.7 The applicant is proposing to relocate their administration team from Derby Square into the unit, as the condition of their Derby Square building presents substandard working conditions. Furthermore, the applicant has indicated they have sold their property and need to vacate them imminently. - 2.8 The applicant foresees the following staff number at the new unit:
2.9 The proposed hours of operation will be Mondays to Fridays, 9am to 5pm. PLANNING STATUS AND POLICY
3.1 Under the Town and Country Planning Act 1999, Section 3 states that 'in dealing with an application for planning approval, the Department shall have regard to:
3.2 In the case of this application, the development plan comprises the Isle of Man Strategic Plan 2007 and the Braddan Parish District Local Plan (BPDLP) 1991. - 3.3 Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: Strategic Policies 1, 6 and 9, General Policy 3, Environment Policies 1 and 2, Business Policies 1, 5 and 7, Transport Policies 1, 4 and 7 - 3.4 Strategic Policy 1 (SP1) states that "Development should make the best use of resources by:
3.5 Strategic Policy 2 (SP2) states that "New development will be located primarily within our existing towns and villages, or where appropriate in sustainable urban extensions of those towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." - 3.6 Strategic Policy 6 (SP6) states that "Major employment-generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans."
3.7 Strategic Policy 9 (SP9) states that "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 location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking in consideration Business Policies 7 and 8" - 3.8 General Policy 3 (GP3) states that "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
3.9 Environment Policy 1 (EP1) states that "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 3.10 Environment Policy 2 (EP2) states that "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is supersede by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
3.11 Business Policy 1 (BP1) states that "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this plan." - 3.12 Business Policy 5 (BP5) "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:
and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from vitality and viability of the appropriate town centre shopping area."
3.13 Business Policy (BP7) states that "New office space should be located within town 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
3.14 Transport Policy 4 (TP4) states that "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 3.15 Transport Policy 7 (TP7) states that "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." - 3.16 Within the Braddan Parish District Local Plan 1991, paragraph 2.4 states that "In accordance with the adopted policy of Tynwald no retail developments will be permitted in the parish district of Braddan with the exception of retail provision designed to serve the local neighbourhood requirements of existing and future communities. - 3.17 Paragraph 2.5 states that "No development or retail use, nor conversion of existing buildings to retail use, will be permitted in existing or future industrial areas." - 3.18 Paragraph 13.3 states that "The rural areas of Braddan Parish District will be designated as being of High Landscape Value. As part of this policy it is essential that the important tree groups and woodland within the parish be subject to a maintenance and management scheme which will include underplanting as and when necessary" - 3.19 Paragraph 13.4 states that "No further development in the countryside will be permitted with the exception of those referred to in 13.2 and those which are required for national strategic reasons, and those required for essential agricultural purposes. All areas designated as open space must be respected and no further intrusion will be permitted." PLANNING HISTORY
4.1 There are two applications on the site, which are considered relevant to the determination of this application. They are:
4.2 Condition 10 of the planning approval states that "The units hereby permitted shall be used for light industrial (Class 5 of Schedule 4 of the Town and Country Planning (Permitted Development) Order 2012) purposes only.
4.3 The appeal decision included an informative stating "This approval does not authorise retail use at the development other than ancillary to its approved light industrial use. REPRESENTATIONS
5.1 Braddan Parish Commissioners have indicated that they have no objection to the application. - 5.2 Highway Services of Department of Infrastructure have indicated they do not oppose the application. ASSESSMENT Procedural matter
6.1 It should be noted the proposed plans state they are indicative and the internal layout will be firmed up once planning approval is confirmed. However, this was deemed to be inadequate, as a proper assessment of the application could not be undertaken as the floorspace for each of the component parts of the use may be completely different to the submitted plans. Officers were concerned about this matter and sought clarification. The applicant's agent has indicated that "we can confirm that the submitted drawing, copy attached for ease of reference, is representative of their proposed proportional use of the space, albeit the walls may be slightly adjusted when the construction drawings are finalised subject to planning being granted." - 6.2 The assessment of this application is therefore based on the submitted plans. Issues
6.1 The key issue in the determination of this application is whether the use is acceptable in this locality and whether there is sufficient parking for the unit. Land Use - 6.2 The application is seeking planning approval to undertake furniture repair, storage and distribution with supporting administrative staff accommodation within units B5 and B6. - 6.3 A number of policies within the Isle of Man Strategic Plan talk about 'development'. It should be noted that section 6(1) of the Town and Country Planning Act 1999 states the meaning of the development, which is as follows:
"Subject to the following provision of this section, in this Act 'development' means the carrying out of building, engineering, mining, or other operations in, on, over or under land, or making of any material change of use of any buildings or other land."
6.4 It should be noted that this proposal to utilise much of the building for office purposes involves a material change of use and therefore falls within the definition of development. The application therefore needs to be assessed against the policies of the Isle of Man Strategic Plan. - 6.5 The starting point in determining which policies are relevant in the consideration of this application is to determine the land use zoning of the application site, to see if the proposal falls within that designation, the second point to consider is whether there are any other material considerations that override the development plan and in this respect whether the change of use from that approved results in any demonstrable harm. - 6.6 The site is zoned as Open Space (Agricultural) on the proposals map of the Braddan Parish District Local Plan 1991. Furthermore, Policy 13.3 of the BPDLP states that "The rural areas of Braddan Parish District will be designated as being of high landscape value…".
6.8 Therefore, any development put forward to the Planning Authority for consideration has to satisfy all the relevant paragraphs of the policy. - 6.9 In terms of paragraph (a), the proposal will result in the use of an unused building; albeit a recently constructed building which has not be used for any light industrial purpose. However, technically, due to unused status of the building, the proposal complies with this part of the policy. - 6.10 In terms of paragraph (b) of the policy, it is trying to ensure that a site is used in an efficient manner in terms of layout, landscaping, access etc for new builds. This part of the policy is not really applicable as the proposal relates to a conversion of an existing building. - 6.11 In terms paragraph (c) it is acknowledged the development is located next to existing infrastructure, facilities and services. It is considered the proposed complies with this part of the policy - 6.12 In summary, it is considered the proposal complies with SP 1of the Strategic Plan. - 6.13 In respect of SP2, this allows development to be permitted in the countryside only in exceptional circumstances identified in paragraph 6.3, which refers to development outside those areas which are zoned for development on the appropriate Area Plan. - 6.14 In respect of GP3, the policy opposes development outside areas zoned for development on Area Plans. The site is "outside of those areas zoned for development" as it is zoned as Open Space (Agricultural) in the BPDLP. The application proposal therefore conflicts with the general thrust of GP3 unless it can be shown to be a reasonable exception. The policy exceptions are:
6.15 In respect of paragraph (a), the proposal is not for essential housing and therefore does not meet this criterion. - 6.16 In respect of paragraph (b), firstly, it is important to understand what is meant by previously developed land. This is defined in Appendix 1 of the Strategic Plan. Previously developed land is that which is occupied or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure. The site is currently occupied by a permanent structure. Therefore, the site can be argued to be previously developed land; albeit recently developed. - 6.17 The next part of the paragraph deals with "where the continued use is redundant". The building is not redundant as the building has never been used for it's intended purpose, i.e. light industrial. - 6.18 The next part of the paragraph deals with "where redevelopment would reduce the impact of the current situation on the landscape; and where the development proposed would result in improvements to the landscape or wider environment". The proposed conversion would not reduce the impact of building on the landscape or result in improvement to the landscape or wider environment. - 6.19 In summary, it is considered the proposal does not meet this criterion. - 6.20 In respect of paragraph (d), the proposal is not a replacement of an existing rural dwelling and therefore the proposal does not meet criterion. - 6.21 In respect of paragraph (e), the proposal is not a location-dependent development in connection with the working of minerals or the provision of necessary services and therefore the proposal does not meet criterion. - 6.22 In respect of paragraph (f), the proposal does not involve building and engineering operations which are essential for the conduct of agriculture or forestry. - 6.23 In respect of paragraph (g), this says that exceptions to this policy include "development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative". There is no evidence to submitted by the applicant to demonstrate there is an overriding national need for the proposed development in land use planning terms. Furthermore, the applicant has provided insufficient evidence to demonstrate there is not reasonable and acceptable alternative. - 6.24 The only evidence submitted by the applicant is that they have previously looked at many other buildings; office buildings, large residential properties and commercial buildings but from the advice the have receive they would still need to still a change of use planning consent in one from or other. They have also stated that the planning department have suggested that they occupy separate buildings to cater for the different aspect of the use. This is considered not to be efficient use of the charity money they rely on. - 6.25 It is considered the proposal does not meet this criterion. - 6.26 In respect of paragraph (h) the proposed does not involve any buildings or works required for interpretation of the countryside, its wildlife or heritage and therefore the proposal does not meet the criterion. - 6.27 In terms of EP1, this policy adopts a similar approach to the GP3 presumption against development. This time the emphasis is on development of land in the countryside which is opposed unless there is an overriding national need and there are no reasonable alternatives. This is essentially the same test as GP3. As indicated above, there is no evidence of
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6.31 Therefore, other material considerations can be taken into account in the determination of this application. A degree of caution needs to be applied when considering other material considerations. Material considerations, which are outside the scope of the Strategic Plan, would need to be exceptional to override Tynwald approved policies. - 6.32 The material consideration in this case is whether allowing the proposed uses, which are contrary to the provisions of the development plan, would be harmful. In assessing this element it is best to start with the approved use, which is for 'light industrial purposes' and the reasons behind that approval, which was given as an exception on the basis of an argument of need for high quality units. Committee members' attention is therefore drawn to the whole of the attached Inspector's report, but notably paragraphs 99-13, 105 and 128 (Inspector's Assessment). - 6.33 In respect of the proposed use, the workshop element of the proposed use is a light industrial process and would comply with the extant approved use for the building. Any storage that occurs would be ancillary to the light industrial use. - 6.34 The proposed office is an administration office for the charity, as a whole, and is not an ancillary use to the proposed workshop. The office use could easily be separated from the light industrial use and be located within a town and village centre. The applicants' wish is for a low maintenance building which will keep their outgoings and overheads as small as possible to allow them to make the best use of charitable monies and provide the most care that they can. However, they also acknowledge this is not a planning consideration. There are no valid reason to justify an office use on land which is not zoned for that purpose. It is considered the proposed use would be particularly harmful, as the office use would be undermining the principles of the Strategic Plan. - 6.35 The applicants have also indicated that "Many of the carers we help like to remain anonymous and by having one of the units located next to Eden Park Garden Centre it is not obvious as to why someone has entered the business park. Therefore, the carer can visit our office discreetly without having to explain themselves should they want to be private about their caring role as many carers do. Our Day Centre and Nursery at Masham Court, Victoria
7.1 Whilst the use of a building with an approval for light industrial use, for a mix of that plus office does not in itself appear to be sufficiently harmful to warrant a refusal of permission, it needs to be remembered that the site is not allocated for development, and permission was only granted for the light industrial development on the basis that strong arguments were made for the need for ready made, light industrial premises of a sufficiently high quality to attract high tec businesses in a clean and modern environment, both now and when the economy picks up. To allow for a change of use before the development is even fully completed undermines this argument and signals the incremental loss of the site for the purpose that it set out to achieve. - 7.2 It is recommended that the application be refused. PARTY STATUS
8.1 The local authority, Braddan Parish Commissioners are, by virtue of Articles 3 and 6 (4)
8.2 Department of Infrastructure Highway Services are by virtue of Articles 3 and 6 (4) d, Town and Country Planning (Development Procedure) Order (No 2) Order 2013, are automatically "interested persons" and therefore the Planning Committee does not need to afford them "interested person" status. POST COMMITTEE REPORT
The application was considered at the 15th September Planning Committee Meeting. Following consideration of the application, the Planning Committee passed a resolution to grant planning approval subject to conditions.
The following condition were agreed by the Planning Committee:
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.
Recommendation
Recommended Decision: Refused
Date of Recommendation:
03.09.2014
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
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.
The proposed development, in particular the office use, would be contrary to Strategic Policy 2 and General Policy 3(c) and (g) in that:
-----------------------------------------------------------------------------------------------------------This approval relates to
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 : ……PER…… Committee Meeting Date : ……15/9/14….. Signed :……I Brooks……….. 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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