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23/00868/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 23/00868/B Applicant : Motaworld Ltd Proposal Use of part of Unit 48a as sales/retail; use of part of Unit 48e as staff facilities; new first floor offices with Unit 48e. Installation of 12 new windows on north east elevation; installation of rain screen canopy over main customer entrance in Unit 48b; changing of colour of existing windows and pedestrian doors Site Address Unit 48A,48B,48C,48D & 48E Spring Valley Industrial Estate Cooil Road Braddan IM2 2QS
Case Officer :
Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 14.11.2023
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The only sales that may take place from the premises shall be within the areas annotated as 'Sales Area' or 'Retail Area' on Drawing 1078/05 and those sales shall be restricted to the sale of motor parts, motor accessories, motor maintenance equipment, motor health and safety equipment and motor diagnostic equipment.
Reason: In the interest of controlling the use of the building given its position on an industrial estate.
C 3. The office and staff facilities hereby approved shall be for the sole use of the primary occupier of the building and shall not be sub-let to any separate business operation.
Reason: The application has been assessed on this basis only and to avoid any subdivision of the units to any other user.
This application has been recommended for approval for the following reason. The application is considered acceptable and not at odds with Business Policies 1, 5, 9 and 10 of the Isle of Man Strategic Plan 2016.
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Plans/Drawings/Information;
This approval relates to drawing numbers 1078-01, 1078-02, 1078-03, 1078-04, 1078-05, 1078- 06 and supporting statement all date received 31/07/2023, and Retail Impact Assessment received 13/11/2023.
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Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.
1.0 THE APPLICATION SITE 1.1 The application relates to an existing block of 5 units within Spring Valley Industrial Estate No's 48A, 48B, 48C, 48D and 48E and the surrounding parking apron.
1.2 The units are finished in a mixture of red brick at ground floor and metal cladding above, whilst there are a number of windows throughout all the elevations of the building it retains a very much industrial appearance.
1.3 Three of the five units were approved in 2016 for use by 'Motaworld' (the same applicant as now) for use as "display, distribution, warehousing and sales of industrial / automotive products". The approved 2016 application also included parking and access works.
2.0 THE PROPOSAL 2.1 Full planning approval is now sought for the expansion of the operation into the remaining two units 48D and 48E and a reconfiguration of the units to accommodate an increased ground floor only retail area into unit 48A and associated staff and office facilities within until 48E spilt over the existing ground and mezzanine levels already within the unit.
2.2 Proposed is also the installation of 12 new windows across ground and first floor within Unit 48E at the northern end of the building, as well as a new covered canopy over the customer entrance at unit 48B.
3.0 PLANNING HISTORY 3.1 The most relevant application in this case is 16/00290/B which was approved for the use of three units by 'Motaworld' for sales, distribution and warehousing. The officer report for that application made reference in 3.0 about other units within Spring Valley being subject to a number of planning applications also including some retail elements and those applications raising concerns about the extent of the sales areas, the nature of products sold and the consequential impact on existing town centres. Many of these applications being subject to conditions controlling the extent of sales areas, nature of products sold and revoking any internal mezzanine works.
3.2 The officer report for 16/00290/B also outlined the history of the applicant 'Motaworld', already operating from another unit within the industrial estate and the nature of their business requiring them to stay within an industrial estate environment, and essentially in relocating within the industrial estate was unlikely to affect the vitality and viability of town centres as it already operates out of town. The officer report made clear that there would be a percentage
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increase in the area of sales but that this was unlikely to be materially different (or harmful) relative to the existing situation in what is a very similar geographic location.
3.3 The officer for 16/00290/B concluded that "7.1 It is true that the application may well raise understandable concern with respect to out of town retailing. However, the continued operation of the self-same business from the same industrial estate, albeit in a slightly manner in proportional terms, is considered a strong, if not overwhelming, material consideration in favour of the current application. Accordingly, and bearing in mind Business Policy 1 as well, it is considered that the application is acceptable in this context."
3.4 The application was approved with three conditions requiring the parking area to be provided, the use of the building area to match the areas outlined on the submitted drawings and the nature of sales items being related to motor vehicles only.
"2. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
The building shall be used only for the purposes as identified on Drawings 857/007 and 857/008, both date-stamped as having been received 8th March 2016. No part of the building shall be used for a different purpose unless written consent of the Department has been first obtained. Reason: In the interest of controlling the use of the building given its position on an industrial estate.
The only sales that may take place from the premises shall be within the area annotated as 'Sales Area' on Drawing 857/007 (date-stamped as having been received 8th March 2016) and those sales shall be restricted to the sale of motor parts, motor accessories and motor maintenance equipment Reason: In the interest of controlling the use of the building given its position on an industrial estate."
4.0 THE DEVELOPMENT PLAN 4.1 The application site is located within a wider area designated as 'Industrial' under the Area Plan for the East 2020. Employment Proposal 1 specifically refers to existing industrial land and states:
4.2 "Employment Proposal 1: The development of existing industrial land, including the following sites, will be supported for the following uses only: manufacturing; warehousing and distribution; office accommodation (subject to compliance with Strategic Plan Business Policy 7); or retail outlets (subject to compliance with Strategic Plan Business Policy 5). For the purposes of this policy, existing industrial land excludes those sites named under Employment Proposals 2, 3, 4 and 5"
4.3 The Strategic Plan contains a number of policies and paragraphs considered specifically material to the assessment of this current planning application:
4.4 General Policy 2 sets out the general standards towards acceptable development taking into account visual and amenity impact as well as highway safety.
4.5 Business Policy 1 supports the growth of employment opportunities
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4.6 Strategic Policy 9 states: "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 into consideration Business Policies 7 and 8."
4.7 Paragraph 9.2.6 sets out the growing pressure for the inclusion of retail uses in industrial areas and those successful ones falling into two typical categories; items which cannot generally be sold from a high street or town centre such as motor cars, builders materials and agricultural equipment etc., and developments which in themselves are not retail but comprise elements of retail inextricably linked to the primary use of the building or site. The reasons for which not only to keep town centres viable but to ensure industrial land is kept available for industrial purposes and that most industrial estates are unsuitable as environments for shoppers.
4.8 Business Policy 5 follows and 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: (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."
4.9 Business Policy 9 states: "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." (Appendix 1 = RIA required for those over 500m sq of floor space measured externally
4.10 Business Policy 10 states: "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."
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Braddan Parish Commissioners - no objections (11/08/2023).
5.2 Department of Infrastructure Highway Services - Do not oppose (11/08/2021) no significant negative impact upon highway safety, network functionality and /or parking.
5.3 Douglas City Council - Do not oppose subject to condition (18/08/2023) - The applicant proposes to create some new first floor office space as well as increase the size of the ground floor area. Although the Council is not raising an objection we would ask that any approval granted should be conditional that the office space is for the sole use of the occupier of the building and that these offices should not be rented out to other businesses that could easily locate within the town centre.
5.4 No comments received from neighbouring properties.
6.0 ASSESSMENT
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6.1 The physical changes proposed in relation to new windows and a new covered canopy are considered to be unobjectionable relating to the use of the building and not adversely impact the overall appearance of the building which remains industrial in appearance. It is however the internal reconfigurations resulting in an increased sales area and new office and staffing facilities which are the key issues for assessment in this case, and with review of any consequential parking needs as a result of the proposed changes. Increase in Retail Area
6.2 In terms of the use, it is quite clear the business is an established operation and its evolution requiring increased facilities over many years which is demonstrated through their planning history. The proposal now seeks to further expand the business operations to occupy all of the five industrial units within this block increasing its storage space, staff offices and facilities, and an increased sales area. Given the size of the block, the single operator of the site and the size of the operation it would not be unreasonable to have the office and staff room facilities as proposed in order to support the operation of the business. Ensuring these remain as part of the single operator is fundamental to the assessment with a condition added in this respect especially minded that planning policy only tolerates exceptions to retail and office developments outside of the town centre if they're inextricably linked to an acceptable primary use. This matter is also raised in comments from Douglas City Council who state that the office should be for the applicant only and any separate office user should be prevented. The staff facilities and staff offices are considered acceptable in this case.
6.3 It is clear that the extent of the businesses sales retail area has increased through each application, and again this application proposes an increased retail sales area into 48A where currently is approved for storage only.
6.4 The floor areas of 16/00290/B Units 48A, 48B and 48C were: Total floor area = 1075sq m = 100% Retail = 430sq m (ground floor and mezzanine in 48B) = 40% Storage = 475sq m (unit 48A and 48C) = 44.2% Office and staff facilities = 170sq m = 15.8%
6.5 The red line and proposal now encapsulates all 5 units 48A, 48B, 48C, 48D and 48E and the proposed areas are: Total floor area = 1943sq m = 100%
Retail= 641sq m = 33%
Storage= 810sq m = 41.7%
Office and staff facilities = 492sq m = 25.3%
6.6 Noting the above calculations, the 2016 retail floor area occupied 40% of the overall 1075sq m business floor area, and the proposed retail floor area is now 33% relative to the increase in floor area to be occupied by the business 1943sq m. So yes it is agreed with the agent that there will be an overall reduction in terms of comparative floor areas but it is matter of fact that the retail sales floor area is getting bigger, to the extent that it is now considered a 'major retail development' as per Business Policy 9 and Appendix 1.
6.7 Anything over 500m sq a Retail Impact Assessment is to be provided in accordance with BP9. This need was expressed to the agent and an RIA was submitted 13/11/2023.
6.8 It is clear that the nature of the items to be sold within the building remain in connection with the primary use being a motor parts trader distributing to motor garages and including moto workshop equipment. . The expanded area now allowing additional space from which to display and demonstrate garage workshop health and safety equipment and diagnostic equipment to enable their customers to keep up to speed with all the latest electric vehicle technology of the future and expand on the existing ranges already provided.
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6.9 The fact remains that the kind of goods sold - such as they are - largely fit within, or at least reflect, the list of goods that will be considered acceptable for retail sale outside of established commercial centres outlined in (a) of Paragraph 9.2.6 of the Strategic Plan, and would help the continued growth of the business without any unacceptable impact on town centres. Accordingly, it is concluded that the proposal is not at such significant odds with the Strategic Plan's Business Policies 5, 9 or 10.
Increase in Office and Staff Facilities 6.10 The office and staff facilities remain ancillary to the primary use of the building and are unobjectionable in this instance. In line with those comments from Douglas City Council a suitably worded conditions will ensure that these remain by use of the primary user and not sub-let to any other separate users which would undermine those policies which seek to direct development to existing centres including office space.
Parking 6.7 The business now occupies all of the units in this building as well as all of the associated parking. No issues have been raised by DOI Highway Services and the proposal is not considered to result in any significant adverse highway safety issues beyond the existing operation and is considered acceptable in this case.
7.0 CONCLUSION 7.1 It is true that the application may well raise understandable concern with respect to out of town retailing. However, the continued operation of the self-same business from the same industrial estate, albeit with an increased retail floor area although in a manner perhaps considered proportional in terms of the increased occupation of the additional industrial units in this specific case. Accordingly, and bearing in mind Business Policy 1 as well, it is considered that the application is acceptable
7.2 Conditions restricting the use of the 5 units to the manner defined on the submitted plans and in line with the 2016 approval conditions is necessary, as well as another condition making clear no separate occupation of the office space by any separate user.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status __
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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:...20.11.2023
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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 20.11.2023
PA No 23/00868/B Applicant Motaworld Ltd Proposal Use of part of Unit 48a as sales/retail; use of part of Unit 48e as staff facilities; new first floor offices with Unit 48e. Installation of 12 new windows on north east elevation; installation of rain screen canopy over main customer entrance in Unit 48b; changing of colour of existing windows and pedestrian doors Site Address Unit 48A,48B,48C,48D & 48E Spring Valley Industrial Estate Cooil Road Braddan IM2 2QS Planning Officer Miss Lucy Kinrade Presenting Officer As above - Addendum to the Officer Report
At the Public meeting the Case Officer updated her recommendation to include 3 additional conditions which were accepted by the Committee
C.4 The use of all the units within the building (Units 48a, 48b, 48c, 48d and 48e) shall not be used other than for Use Class 2.4 Storage or distribution and for no other purpose or use listed in Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re- enacting that Order with or without modification) at any time.
Reason: The application has been assessed on this specific primary use only and the retail element being ancillary to that primary use and any alternative uses will require further consideration.
C.5 The use of the units within the building (Units 48a, 48b, 48c, 48d and 48e) shall be used in accordance with the annotation and details shown on Drawings 1078/04 and 1078/05 (both date received 31/07/2023) only.
Reason: The retail space, staff office and staff facilities have been considered on an ancillary basis and that all the units in the building are occupied by the same user in accordance with the plans submitted, and any sub-division altering this basis and requiring a separate planning application.
C.6 For the avoidance of doubt there shall be no mezzanine floors installed within any of the units unless in accordance with the plans hereby approved or which have been expressly approved in a subsequent planning application.
Reason: Condition 7 of the original approval of the 5 units 05/00642/B specifically revoked any mezzanine floors, and the current application has been assessed on the submitted floor plans only.
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