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Applicant: Isle Of Man Enterprises Plc Proposal Approval in principle for the conversion to a retail unit addressing matters of siting Site Address Former Whitestone Car Showroom And Garage Douglas Road Ballasalla Isle Of Man IM9 2LB Case Officer : Miss Lucy Kinrade Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 06.07.2021
C : Conditions for approval N : Notes attached to conditions
Reason: to comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019.
Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019, and this is an approval in principle and these matters require detailed consideration by the Department in accordance with Development Plan.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.
Reason: The Department has assessed the impact of the proposal on the basis of this retail sales area and any alternative size would require further consideration
N 1. The land owner/applicant/agent is reminded to speak with Department for Infrastructure regarding the separate Highway Agreements under s4 for adoption and S109(A) for works in the highway, Highways Act 1986.
This application has been recommended for approval for the following reason. On balance, the proposed development would contribute to those policy principles underpin sustainable development providing a community gain to Ballasalla in making use of an underused site which is served by existing infrastructure within a growing settlement, with no new flood risk concerns and conditions safeguarding the amenity of the area and surrounding neighbours.
Plans/Drawings/Information; This approval relates to drawing numbers 1845.01.P-01, 1845.01.P-02 and 1845.01.P-03, and Planning Statement all received 14/12/2020 and Retail Planning Statement received 11/03/2021.
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
The owners of:
________________________________________________________________ Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL IS CONTRARY TO THE LAND USE ZONING IN THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL.
1.1 The site is the curtilage of the sui generis Whitestone car garage and vehicle showroom located on the northern side of Douglas Road, Ballasalla and just east of the entrance in to the Clagh Vane residential estate. The site measures approximately 3817sq m (0.94acres). - 1.2 Existing on the site is a large 'L' shaped flat roof building wrapping the north-west corner of the site. The building footprint measures approximately 806sqm and comprises two parts; a single storey glass fronted showroom building along the rear boundary and a slightly taller garage building with large roller shutter doors running the western side boundary. A large forecourt sits central to the site. Banking and vegetation including some trees defines the eastern boundary from two neighbouring dwellings. Access into the site is directly from the A5 main road running through the village. - 1.3 Immediately along the rear northern edge the site bounds with the rears of a number of single storey dwellings in Oatfield Rise cul-de-sac. The application site sits at a level lower than these dwellings and their rear gardens.
1.4 Running along the western boundary between the site and the neighbouring Cooyrt Drine apartment buildings is a small water course which then appears to culvert under the road. Flood maps indicate that this water course runs along the rear, down the western side crossing the road and continuing south through fields and towards Balthane Industrial Estate. THE PROPOSAL
2.1 The application is seeking an approval in principle for the removal of the garage, part of the existing building and the conversion and extension of the remaining showroom building to provide a 645sqm retail unit. Information submitted within the application indicates that this retail use shall be a neighbourhood food store/supermarket. - 2.2 The application is seeking only to establish the principle for the new retail use and for the siting of its extension; all other matters in respect of design, external appearance, drainage, internal layout, means of access and landscaping are to be reserved subject to a future application for their detail (the reserved matters). - 2.3 In addition to site and location plan and the proposed building footprint, the application bundle also includes a level of information to help demonstrate how some of the 'reserved matters' issues could be resolved or addressed at a later date. In this specific case drawing 1845.01.P-02 shows indicative detail as to how the internal layout could be provided and how some functions such as deliveries and bin storage could be dealt with, the same plan also marks out how access and parking could be achieved showing a two way entrance/exit with a one way system around a forecourt providing 27 car parking spaces, 2 disabled spaces and motorbike and bicycle parking. Splays of 70m visibility in both directions is shown from the indicative access arrangement and a potential new footpath is shown running along the road edge and into the site. - 2.4 Following a request from the Department a Retail Impact Assessment was provided for the application which looks at the need and deficiencies of retail uses in Ballasalla and its surrounding catchment area (which stretches northwards towards Ballamodha and St. Marks); impact on nearby shopping areas of Douglas, Castletown and Port Erin; impacts of the proposal in terms of noise, traffic, parking, visual impact and energy consumption; an assessment against Development Plan policies and a response to those concerns raised by local residents and consultees. PLANNING HISTORY
3.1 Records from 1984 show that a number of applications have been submitted at the site over the years including for the construction and installation of car washes, the relocation of a jet wash and a petrol interceptor tank, extensions to the rear of the garage store and the creation of office and toilet facilities. The applications since 2006 have related only to changes to advertisement signage at the site both illuminated and non-illuminated. The most recent being in 2017 approved for signage under 17/01253/B relating to the motor vehicle businesses occupying the showrooms, garages and forecourt at the site. - 3.2 There are two applications considered relevant to the assessment of the current application both approved for new residential development within Ballasalla PA 19/00137/B for 282 new houses currently under construction at 'Reayrt Mie' (phases 1 and 2 only) and an earlier application from 2015 under PA 15/01148/B for an increase in houses from 41 to 51 at Clagh Vane. - 3.3 Consideration throughout the application shall also be given to the land use designations outlined for Ballasalla on Map 4 of the Area Plan for the South 2013 (APS) which in addition to the 'Reayrt Mie' site also designates a large area (site 2 in the APS) for proposed residential between the A5 and Crossag Road and a Strategic Reserve south of Ronaldsway Business Park. The written statement for the APS implies a potential for more than 100 houses on this site, with planning history showing 257 houses being applied for in 2006 under PA 06/02245/B,
although considered to accord with the residential land use designation the application was refused at appeal due to it being premature to the preparation of the Area Plan which would include commitments of primary education and highway infrastructure proposals in Ballasalla.
4.1 The site is designated on the Area Plan for the South as 'predominantly residential' and is not within a Conservation Area. The Landscape Character Appraisal recognises the site as 'urban'. On recent DOI flood risk maps the site is recognised as being at high flood risk for both river and tidal and surface water. - 4.2 The Development Plan recognises the Island's hierarchy of service provisions, the main centre is identified as Douglas being the seat of Government and headquarters for most of the Islands principal businesses and retails stores, outside of this are smaller 'service centres' such as Castletown and Port Erin in the South which seek to provide service provision for their respective hinterlands, and secondary 'service villages' such as Ballasalla and Port St Mary providing limited services. It also identifies that there are a number of smaller settlements that have little or no service provision and which rely on other centres for their services (such as Ballabeg, Ballafesson and Colby in the South). - 4.3 Ballasalla sits within the parish of Malew which is one of the largest on the Island, it comprises small residential groups (such as St Marks), Ballasalla village and employment areas of Balthane, Freeport, Ronaldsway and the Airport. The APS 2013 indicates that Ballasalla has a resident population of around 1400. The older part of Ballasalla is clustered around the ford and Rushen Abbey, although over years there has been renewal and regeneration of surrounding areas including Clagh Vane, the Whitestone public house and the new Commissioner's office. Longer term plans for Ballasalla are clearly set out in the APS 2013 and these include plans for a new school, areas of new residential development, a new bypass and also recognising the growth potential around the airport gateways, Balthane and the Freeport. - 4.4 The overall thrust of the Isle of Man Strategic Plan (Strategic Aim) is to encourage the development of sustainable communities. This approach strives to create places where people want to live and work and which integrate well with existing communities, available infrastructure and landscape character. They should be served by public transport and other local services, offer a range and mix of housing types and tenures and reduce or mitigate the impact on the local environment as much as possible. - 4.5 Section 6.13 of the APS2013 covers 'Retail' in the South. The Island Spatial Strategy promotes a 'Sustainable Vision' for the Island and sets out the role each of the settlements should play in meeting the needs of its residents. In terms of the South; Port Erin and Castletown (as 'Service Centres'), should provide a range of employment opportunities and will be the main focus for retailing and both offer some comparison and convenience shopping. Port St Mary and Ballasalla (as 'Service Villages') should meet more local needs and requirements in terms of retailing. - 4.6 Current retail provision in Ballasalla (a Service Village) comprises a small number of small shops serving local needs and through traffic including a petrol filling station south of the village, a neighbourhood shop in Clagh Vane and a small convenience shop, a takeaway and a florist along the two roundabouts, the Whitestone Public House sits central to the village and all are within the designated 'mixed use' area on Proposal Map 3 of the APS2013. In these 'mixed use' areas there is a degree of flexibility for various facilities and services to encourage vitality and viability and section 6.23.1 of the APS2013 indicates a presumption against any new retail development outside of these designated 'Mixed Use' areas other than the provision of neighbourhood shops such as those at Ballabeg, Colby and Clagh Vane. Corresponding Strategic Plan policies (Strategic Policy 9 and Business Policy 9) also seek to protect and enhance existing retail areas and state that any new retail development will only be permitted in established town and village centres and that any new development should be at an
4.8 The notable land designation sizes at Ballasalla and Colby were recognised in the Inspectors Report for the APS2013 where it was concluded that "both villages would be able to accept such allocations without significant harm to the environment and it is quite likely that with an increase in population in the two large villages, services and facilities may also improve", and "in the case of Ballasalla…by releasing both Crossag Farm (Site 2) and the Strategic Reserve land now, the provision of a By-Pass would be required and that could then provide an immense environmental improvement to the village. That may well encourage better services and facilities. Bearing in mind that Ballasalla is close to Ronaldsway Airport which is one of the identified "Gateways" into the Island for visitors, a new road that improves communications and the appearance of an area should be encouraged. Ballasalla is shown in the Strategic Plan as a Service Village able to accept additional housing and employment". Transport Proposal 1 (included below) states that provision shall be made for a By-pass to the east of Ballasalla and anything which prejudices its future development or construction will not be supported. A by-pass forms part of PA 19/00137/B at 'Reayrt Mie' and its development was conditioned as part of that approval. - 4.9 The current proposal is an application for Approval in Principle for new retail service on a site not designated for retail use, in considering the proposal regard shall be given to the context as outlined above (sections 4.1 - 4.8) along with a number of policies within the Strategic Plan to first determining the acceptability of the principle and whether it would be of an appropriate scale to the area or whether it would result in any harm to adjacent retail areas. Secondly consideration shall be given to number of policies in assessing amenity impacts of the development on neighbouring properties, highways, watercourses and flood risk given the sites location clustered amongst existing residential properties and on an arterial route into and out of the Village. AREA PLAN FOR THE SOUTH 2013 POLICIES RELEVANT TO PRINCIPLE - 4.10 Transport Proposal 1: "Provision shall be made for the construction of the Ballasalla By-pass to the east of Ballasalla and as part of the development of Site 3 as shown on the
4.15 Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. - 4.16 Strategic Policy 4: Proposals for development must: (c) not cause or lead to unacceptable environmental pollution or disturbance. - 4.17 Strategic Policy 5: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies." - 4.18 Strategic Policy 9: "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." - 4.19 Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to:
4.20 Spatial Policy 3: The following villages are identified as Service Villages o Laxey o Jurby o Andreas o Kirk Michael o St Johns o Foxdale o Port St Mary o Ballasalla o Union Mills Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing. - 4.21 Spatial Policy 6: The strategic roles of Ronaldsway Airport and Douglas Harbour as principal gateways to the Island will be protected and enhanced. - 4.22 Business Policy 9: 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). - 4.23 Business Policy 10: "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." - 4.24 Paragraphs 9.4.4 "For the purposes of Business Policy 9 major retail development will be classed as any new or increase in existing retail development of more than 500 sq. metres of floor space measured externally. For the purposes of Business Policy 10 new neighbourhood shops within new residential developments will not normally comprise more than 100sq metres of floor space measured externally." - 4.25 Community Policy 1: Where relevant and appropriate, there should be provided by the developer of new or expanded residential areas, community benefits in the form of neighbourhood centres. - 4.26 Community Policy 2: New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings. - 4.27 Community Policy 3: Development (including the change of use of existing premises) which results in the loss of a local community facility (other than shops and public houses) will only be permitted if it can be demonstrated that it is no longer practical or desirable to use the facility for its existing use or another use likely to benefit the local community. STRATEGIC PLAN POLICIES RELEVANT TO IMPACT OF DEVELOPMENT - 4.28 General Policy 2: "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:
4.29 Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
4.30 Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted. - 4.31 Environment Policy 22: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
4.32 Environment Policy 23: When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours. - 4.33 Environment Policy 43: The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition. - 4.34 Transport Policy 1: New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes - 4.35 Transport Policy 2: "The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems." - 4.36 Transport Policy 4: 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.
4.37 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." - 4.38 Infrastructure Policy 4: Development will not be permitted where it would have an unacceptable impact on surface water and groundwater quality in the public water supply protection areas defined in the 1982 Development Plan Order and subsequent Local and Area Plans. - 4.39 Infrastructure Policy 5: Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources. - 4.40 Energy Policy 5: The Department will prepare a Planning Policy Statement on Energy Efficiency. Pending the preparation and adoption of that PPS the Department will require proposals for more than 5 dwellings or 100 square metres of other development to be accompanied by an Energy Impact Assessment. - 4.41 Appendix 7: Provides standards for parking to be provided for certain types of development: Neighbourhood shops. Spaces for staff, customers, and service vehicles will be required.
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Malew Commissioners - concerns (20/01/2021) - The Commissioners question how this application fits with Transport Proposal 1 of the Area Plan for the South given that the Ballasalla by-pass has now been approved and construction commencing and that Paragraph 7.4.9 states "when the Ballasalla By-pass is constructed, opportunities should be taken to improve the environmental quality of the centre of the Village by excluding unnecessary vehicles and undertaking physical improvements to footways and the carriageway." - 5.2 Castletown Commissioners - concerns (03/02/2021) - the potential impact of out of town retail and the expansion of Ballasalla as a service village would be against the Service Town of Castletown in the context of the spatial policy hierarchy. - 5.3 Department of Infrastructure Highway Services - Do not oppose subject to conditions (11/01/2021 and 22/03/2021):
5.4 Department of Infrastructure Flood Risk Management - initial comments indicated no interest in the application, however following concerns of the flood risk zoning on recent maps further comments were sought. It was later confirmed DO NOT OPPOSE (22/04/2021) clarifying that there is no change in terms of vulnerability of the site. Comments from neighbouring properties: - 5.5 The owners of 105 Birch Grove (26/01/2021) - IN SUPPORT - essential to offer residents a bigger retail outlet. Castletown is also expanding and so those houses will support shops in Castletown. - 5.6 The owners of Molatrie 22/01/2021 - COMMENTS - No objection in principle, however raise concerns in respect of overlooking and whether fencing has been considered between the
5.9 A representative of Mannin Retail, Kewaigue, Douglas (21/01/2021) - OBJECTION Proposal is beyond the size of a neighbourhood store and sized closer to a supermarket, and should be provided with a Retail Impact Assessment. Ballasalla already has three neighbourhood stores accommodating a local chemist, post office and petrol station, the impact of another food retailer will undermine the viability of these businesses. ASSESSMENT
6.0 The current proposal is an application for Approval in Principle for a new retail development on a site not designated for retail use. The only details to be considered now are the principle and siting, with all other matters (internal layout, drainage, design, means of access, landscaping and external appearance) being reserved. Along with principle and siting assessment regard shall also be given to amenity impacts on neighbouring properties, highways, watercourses and flood risk given the sites specific location clustered amongst existing dwellings, being in a current arterial route and having a small culvert running alongside. Principle - 6.1 A proposal for retail development here would be contrary to the residential land use designation of the site and could be considered to go against the key aims of Strategic Plan policies and the IOM Retail Sector Strategy which first seek to direct retail to key town centres and service centres in line with the Island Spatial Strategy hierarchy, unless the proposal were for a neighbourhood shop. However, taking into consideration the ongoing evolution, regeneration and growth of Ballasalla through the upgrading of existing residential areas such as 'Clagh Vane' and its expansion across recently approved 'Reayrt Mie' it would be unreasonable to ignore the current and ensuing population increases and the need to provide suitable facilities to support its community needs in an efficient and sustainable manner which is encouraged by the Strategic Aim of the Island's Strategic Plan. - 6.2 Ballasalla has potential to be one of largest populations in the South akin to those population figures for Castletown and Port Erin, yet is serviced only by few small shops some of which have limited practicability given their positioning on roundabout junctions and with little
7.1 Ballasalla's recent and continued growth shows potential in it becoming one of biggest populations in the south but with limited retail services for its community. The size, scale and nature of the proposed retail facility in this location is considered to be acceptable and expected to provide a community gain to Ballasalla and those nearby smaller settlements that have fewer or no service provisions and potentially offering an improved sustainability by reducing the need and demand for private vehicle use both in the immediate vicinity and further afield. The addition of a number of conditions relating to operation hours, timing of deliveries, fencing and landscaping details, size of unit and use class will also help towards safeguarding the amenities of the neighbours. INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 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 Interested Person Status.
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted Committee Meeting Date: 12.07.2021
Signed : L KINRADE Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Application No. : 20/01446/A Applicant : Isle Of Man Enterprises Plc Proposal : Approval in principle for the conversion to a retail unit addressing matters of siting Site Address : Former Whitestone Car Showroom And Garage Douglas Road Ballasalla Isle Of Man IM9 2LB
Planning Officer : Miss Lucy Kinrade Presenting Officer As above
A member of the Committee raised question as to the restriction of delivery hours set out in Condition 5. It was noted by the officer that the wording 'outside of the following hours' had been missed from the condition which would have fulfilled the intention to avoid deliveries at unreasonable hours. It was therefore recommended and agreed that Condition 5 be amended to include this.
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