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Officer’s Report
The application seeks approval for the change of use of the former Agrimark wholesalers unit in Spring Valley Industrial Estate, Braddan. It is proposed to change to the existing unit into two separate units both for the sale of furniture and floor coverings. The two respective units will have approximate floorspaces of 1045 square metres (11,250 square feet) and 1254 square metres (13,500 square feet).
There are a number of objections to the planning application. The majority of these are from other furniture and floor covering businesses whose grounds for objection can be summarised as the effect of commercial competition and the industrial zoning of the application site. Braddan Parish Commissioners object to the planning application on the grounds that the proposed change is contrary to the extant Braddan Local Plan. The Department of Transport Highways Division consider there to be no adverse traffic impact subject to the imposition of a number of conditions. The Fire Safety Officer, Isle of Man Water Authority and Disability Access Office have made no specific comment on the merits of the planning application but suggested informative notes.
In terms of planning policy the existing Braddan Local Plan, Planning Circular 6/91, has a policy that states:
‘No development of retail use, nor conversion of existing buildings to retail use, will be permitted in existing or future industrial areas.’
However, Policy B/RP/Pr/9 of the emerging Braddan Local Plan states that:
‘Retailing may be permitted in areas designated for industrial use where it can be demonstrated to the satisfaction of the Department that
a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature 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 both of the above cases c) adequate car parking exists for customers’ and staff vehicles and for deliveries.
Permission will not be granted for retail developments where the proposed use could be accommodated in a high street location and where the loss of such a facility from the high street would detract from the vitality and viability of the town centre or other established retail centre.’
Furthermore as stated in the latest version of The Isle of Man Strategic Plan, 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 application 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, builder’s 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.
Business Policy 4 of the modified draft of The Isle of Man Strategic Plan (November 2004) states: '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
As can be clearly seen under emerging and more recent policy the principle of bulky goods sales from the industrial estates can be acceptable. In terms of this application local knowledge suggests and the application demonstrates that there are no sites available with Douglas for the sale of bulky goods, such as furniture and floor coverings. The approval of other planning applications, such as 02/1929 for furniture sales in Tromode Industrial Estate, have looked at the issue of conflict between old but extant policy against retail use in industrial areas and the potential relaxation emerging through new plans and policy. In his recommendation into PA 02/1929 the appointed Planning Inspector recognised the need to apply the emerging policy in instances where no suitable building in a town centre location is readily available. I consider it pertinent to note that several of the objectors, other furniture and floor covering businesses, operate from premises on industrial estates.
Overall I believe that the proposed change of use is acceptable, provided the use is appropriately controlled by suitable conditions. It has to be acknowledged that out-of centre retail developments can change their composition over time. Planning conditions should be used to ensure that a development does not subsequently change its character unacceptably in ways that would create a development that may have been refused on the grounds of impact on vitality and viability of an existing centre. I am of the opinion that conditions can be used to prevent the development from being subdivided into a large number of smaller shops and to limit the range or types of goods sold. I have drafted conditions to that effect.
Recommended Decision: Permitted
Date of Recommendation: 29.09.2005
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
C 2. This approval relates to the change of use of the building as shown in the location plan and site plan date stamped the 19th August 2005.
C 3. The two units shown in the site plan date stamped the 19th August 2005 may only be used for the sale of furniture and floor coverings. No other goods may be sold except where ancillary and complementary to the main range of goods sold.
C 4. Unless permitted by a subsequent planning approval the internal floorspace shall not include any mezzanine or additional internal floorspace beyond that shown on the site plan date stamped the 19th August 2005.
C 5. Unless permitted by a subsequent planning approval the internal floorspace shall not be sub-divided beyond that shown on the site plan date stamped the 19th August 2005.
C 6. The use shall not commence until the car parking provision has been increased to provide one space per 25 metres of gross floor space. The layout of such car parking provision must be submitted to and agreed by the Planning Authority prior to its implementation.
C 7. The use shall not commence until the access road into the car park has been repositioned to improve highway visibility. The layout of such repositioning must be submitted to and agreed by the Planning Authority in consultation with the Highway Authority prior to its implementation.
N 1. The applicant/developer is advised that this approval relates solely to the change of use of the building contained with the application site from a wholesale supplier to two furniture and floor covering retails units and any works required to comply with the attached conditions of approval. Any external alterations or extensions that constitute development will require separate planning approval.
N 2. The applicant/developer is advised to consult with the Fire Safety Officer with regard to the provision of appropriate fire safety precautions within the premises.
N 3. For a change in the water supply to a premises (domestic or commercial) the applicant should contact the Isle of Man Water Authority Byelaws Inspector (Les Quayle), telephone 695957.
N 4. The applicant/developer is recommended to consider the needs of disabled users within the building.
Decision Made : ... Committee Meeting Date : ...
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