Officer Report

Application No.: 15/00067/B Applicant: Macs Builders Merchants Ltd Proposal: Alterations and conversion from workshop to retail Builder's Merchants Site Address: Peel Commissioners Depot Mill Road Peel Isle of Man Case Officer : Miss S E Corlett Photo Taken: 20.02.2015 Site Visit: 20.02.2015 Expected Decision Level: Officer Delegation

Officer’s Report THE SITE

1.1 The site is a parcel of land which lies to the west of the power station in Peel within the industrial estate which lies between the River Neb and Glenfaba Road/Patrick Street. The site is 26m west to each and 33m north to south and has access roads running to the west, south and east. To the north is Peel Town Commissioners' depot. Both sites have areas of open storage space and also contain buildings. The application site has single storey dashed buildings with shallow sheeted roofs and a taller building closest to the power station. These buildings are used for storage and as workshops and associated facilities (toilets/locker room/office). THE PROPOSAL - 2.1 Proposed is the change of use of the site to a builders' merchant's including storage and a shop. The only physical change to the existing building is that an existing roller shutter door will be replaced by a window and the slight relocation of the existing galvanised entrance gates further forward to the front edge of the site.

2.2 The applicant explains that the business will continue to operate at St. John's and Balthane where items are first delivered, with onward delivery to the Peel site using smaller vehicles. They have existing premises in Peel which they intend to relocate to the application site. PLANNING STATUS AND POLICY - 3.1 The site is within an area designated on the Peel Local Plan of 1989 as Predominantly Industrial.

3.2 Builders' merchant's are generally located within areas which are designated for some form of industry - Sadler Agricultural (which sells fencing, wire and other items which are similar to a builders' merchant's) off Douglas Head Road, Haldane Fisher at the Isle of Man Business Park, Island Timber _ Building Materials at Balthane, Qualtrough's in Castletown, MFBP at Middle River. The only exception to this is Mac's, the applicant company, which is based in St. John's within an area which is designated as Predominantly Residential and partly Open Space. This site has been the subject of applications for further expansion into the land to the south, the most recent of which was unsuccessful (PA 03/00842/B) with an indication

that if the operation was to expand, perhaps another more appropriate location should be sought.

3.3 There is no specific advice in the Peel Local Plan which would guide this particular application. The Strategic Plan provides advice on industrial development as follows:

"9.2.5 The Island's industrial estates have generally been used to accommodate only those uses described in paragraphs 9.2.3 and 9.2.4. More recently however, there has been pressure on Government to permit retailing within industrial areas, particularly those on the outskirts of Douglas. Following the development of the large-span "do it yourself" retail facility by B & Q in the Spring valley industrial estate in the mid 1980s, Tynwald took an immediate stance against out of town retailing by a resolution in 1987 which stated that "Positive steps should now be taken to revitalise existing town and village centres for the benefit of the whole community...and no further major out of town retailing developments should be permitted". The Braddan Local Plan adopted by Tynwald in 1991 reiterated this policy, and successive local and Area Plans have been formulated to concentrate retailing on existing centres in defined settlements - Castletown, Ramsey, Douglas, Peel, Port Erin, Onchan, Kirk Michael, Laxey and Port St. Mary.

9.2.6 Since the adoption of the Braddan Local Plan in 1991, pressure has been growing for the inclusion within industrial areas of a variety of retail-related uses, with some applications being successful. Those which have been successful have generally fallen into one of the following two categories:

• a) developments of a retail nature where the items being retailed cannot generally be sold from a high street or town centre location, e.g. motor cars, builders' materials, agricultural equipment and feed; and
• b) developments which in themselves are not retail but comprise elements of retail use which are inextricably linked to the primary use of the building or site - e.g. tailor-made clothing or video tapes manufactured on the premises.

However, there are good reasons not only for directing most retail uses to town centre locations but also for reserving industrial land for its designated purpose. It is important to ensure that sufficient suitable land is available for industrial development. In any case, most industrial estates are unsuitable as environments for shoppers. The following policy is therefore appropriate:

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."

3.4 As the use is considered to be compatible with the land use designation, it is appropriate to consider General Policy 3 of the Strategic Plan as follows:

"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:

• c) does not affect adversely the character of the surrounding landscape or townscape;

• 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 adverse effect on road safety or traffic flows on the local highways;

• 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."

3.5 The site falls partly within an area at risk of tidal and river flooding and as such Environment Policy 10 is applicable:

"Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4."

PLANNING HISTORY

4.1 The site has been the subject of previous applications for the previous user, none of which is considered relevant to the consideration of the current application. REPRESENTATIONS - 5.1 Peel Town Commissioners indicate that they do not oppose the application (19.01.15).

5.2 Department of Infrastructure Highway Services does not object to the application (02.02.15). ASSESSMENT - 6.1 It is highly relevant that Business Policy 5 which refers to items which cannot reasonable be sold from a town centre, is preceded by an explanation which specifically includes builders' materials as being ones which "generally cannot" be sold from a high street or town centre location. As such, the use is considered to be acceptable.

6.2 As such, the issues here are likely to be traffic-related: whether the site can accommodate the traffic associated with the use and whether the local road network is suitable to accommodate the traffic associated with the proposed use. In this assessment it is relevant that Department of Infrastructure Highway Services does not object to the proposal. The site is relatively convenient in access terms with alternative points of approach.

6.3 Whilst the site lies partly within an area liable to flood the applicant has provided a flood risk assessment, explaining that all electrical fitting will be 1.2m above floor level, wiring will be dropped from the ceilings and perishable items will be stored above floor level on racks. The river bed level is 2.5m lower than the site and the floor level is 600mm above this. This is in accordance with recommendations from the MUA who expresses concern only about the operation of the business rather than any objection to the principle of the use or development. As such, it is not considered that the application should be refused for any reason relating to potential flood risk. This is a matter for the applicant. - 6.4 The application is recommended for approval.

PARTYSTATUS

7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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) The Highways Division of the Department; and
• (e) The local authority in whose district the land the subject of the application is situated.

Recommendation Recommended Decision: Permitted Date of Recommendation:

27.04.2015

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 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. For the avoidance of doubt, the approval hereby given is for a retail builder's merchants only and not for any other retailing. Reason: To protect the vitality and viability of town centres.

-----------------------------------------------------------------------------------------------------------This approval relates to drawings 01 P1, 02 P1 and 03 P1 all received on 21st January, 2015.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 27.04.2015

Determining officer (delete as appropriate)

Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed :… Jennifer Chance Jennifer Chance Head of Development Management