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17/00809/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00809/B Applicant : Ellan Vannin Fuels Ltd Proposal : Extension to shop including window and door alterations, the removal of an existing flue and the use of the site as a petrol station, convenience shop and associated car parking Site Address : EVF Petrol Station Main Road Kirk Michael Isle of Man IM6 2HD
Planning Officer: Miss Lucy Kinrade Photo Taken : 25.09.2017 Site Visit : 25.09.2017 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 13.11.2018 __
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. The development hereby approved shall not be occupied or operated until the parking and turning areas detailed on drawing number 04 Rev A 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.
Plans/Drawings/Information:
This approval relates to drawing numbers 01, 02, 03, 05 Rev A all date stamped and received 31/07/2017, and drawing number 04 Rev A and Sanderson Transport Statement both date stamped and received 31/07/2018.
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Interested Person Status - Additional Persons
none __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is the extents of Kirk Michael petrol station and its surrounding hard-standing located on the western side of the main road running through Kirk Michael. The existing building comprises the petrol station shop and a workshop/store area located towards the rear of the building.
1.2 The existing shop towards the front of the building covers a floor area of 24sq m with an additional office space approx. 10sq m. The site has two WCs and adjacent to the main building is a small external store and external display unit. The existing workshop is approx. 66 sq m.
1.3 The forecourt for the petrol station fronts directly on to the road with access achieved from either end of the forecourt (both from Ramsey side and Kirk Michael side). An existing pedestrian footpath runs along the main road and on the same side as the petrol station. Speed limits for passing vehicles here is 30mph.
1.4 Existing vehicle water/air facilities are provided along the southern boundary of the site and adjacent to the forecourt. Access to the rear of the site is limited due to existing timber fencing and gates running along the sides of the building.
2.0 THE PROPOSAL 2.1 The application seeks planning approval for the extension of the existing shop into the workshop store area at the rear and a number of physical alterations to the external facades to facilitate this change including the blocking up of existing garage door openings, the blocking up of existing windows and doors and the installation of new windows and door openings.
2.2 The proposal also requires the removal of existing fencing and gates and the air and water facilities within the site to create vehicle access around the building and to 7 proposed car parking spaces provided at the rear of the site. Alterations to the building seek to provide shop access direct from the forecourt and additional access at the rear directly adjacent the parking area.
2.3 The current proposal follows an original application which was advertised for external alterations only. However following discussions with the agent and applicant with regards to the planning history and approved uses of the site it was required that the application include change of use of the workshop and hardstanding to facilitate the expansion of the shop and the need for a transport statement being provided to support the increase in shop area.
3.0 PLANNING HISTORY 3.1 There have been a number of applications at the site, most relevant in the case of this application are: o PA 93/01254/C for the change of use of part field directly adjacent to the existing building to provide a car park area for use by Kirk Michael motors for the parking of vehicles for sale and associated with the vehicle repair garage workshop. This application was APPROVED subject to a number of conditions including the installation of a permanent fence along the roadside boundary to prohibit vehicles crossing the public footpath.
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o PA 94/01738/B for alterations and extension to garage and workshop to provide a new garage building to the rear of the existing and the creation of a new vehicle car wash machine. This application was APPROVED although never implemented.
o PA 00/00294/B for the installation of two roller shutter doors to rear of the existing workshop building was APPROVED and implemented. The drawings for this application detailed the shop, office ad WCs as currently laid out.
o PA 02/00363/B for the creation of a new parking area for the storage of cars on the adjacent agricultural field north of the existing parking area was REFUSED as the area was not designated for development or commercial use and sufficient need was justified to warrant this intrusion into the countryside and readily visible from public view.
o PA 06/02120/B for the creation of additional hard standing for customer car parking on to the rear of the existing workshop building was APPROVED for Michael Car Centre although never implemented.
4.0 PLANNING POLICY 4.1 The site is zoned as 'garage' on the Kirk Michael Local Plan 1994. Minded of the current proposal fitting with the land use designation the most relevant policy of the IOM Strategic Plan is General Policy 2. In addition to this and we may also consider Strategic Policies 1, 9 and 10, Spatial Policy 3, Business Policy 10, Paragraph 10.6.1 and Transport Policies 4 and 7.
4.2 General Policy 2 (states in part): "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:
b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; c) does not affect adversely the character of the surrounding landscape or townscape; g) does not affect adversely the amenity of local residents or the character of the locality; 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 unacceptable effect on road safety or traffic flows on the local highways; m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and n) is designed having due regard to best practice in reducing energy consumption."
4.3 Strategic Policy 1:
"Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under- used land and buildings, and reusing scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
4.4 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."
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4.5 Strategic Policy 10:
"New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement
4.6 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"
4.7 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."
4.8 Paragraph 10.6.1
"The provision within residential areas of small shops, often combined with sub-post offices and off-licence facilities, occupies an important place in the range of shopping facilities available. Many people are dependent on such shops, these being the only shops to which access can be gained easily on foot, without relying on public or private transport. In addition, such a facility may not only be considered a desirable service, but may also serve as a focus of community life and help sustain a small community.
4.9 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."
4.10 Transport Policy 7:
"The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
4.11 APPENDIX 7 Type of Development - Car Parking Standard "Neighbourhood shops - Spaces for staff, customers, and service vehicles will be required."
5.0 REPRESENTATIONS
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Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Michael Commissioners o Deferral (dated 17/08/2018 and 14/09/2017) o Comments (dated 12/10/2018) - Commissioners stated that the disabled bays should be around the front and that it would be easier for people to drive into a parking bay and then reverse out rather than reverse in as shown on plan.
5.2 DOI Highway Services o Deferral (dated 09/11/2017) - The application did not detail parking for customers or parking to facilitate the expansion to the shop, it was required that this be provided along with a transport statement for the site to ensure no impact on highway safety.
o DNO - Do Not Oppose (dated 22/06/2018). Following the electronic submission and circulation of the transport statement the DOI Highways Officer confirmed that they were satisfied the proposal would not cause any capacity or road safety issues.
6.0 ASSESSMENT 6.1 There are three issues to be considered in this case: (1) whether it is acceptable in principle to increase the shop floor space in this location, (2) the visual impact of the proposed alterations to the building and (2) whether the site is suitable for the accommodation of additional shop floorspace in terms of its parking provision and impact on local highway safety.
PRINCIPLE 6.2 The proposal involves the change of use of the existing car workshop to allow for the extension of the existing shop and its staff facilities which will now occupy the entire 110sq m of the building. The extension to the shop will create a total retail floor space of 90sq m, with 20sq m remaining for staff offices and WC facilities.
6.3 The petrol station is the only fuelling facility between Ramsey and Peel and currently offers a small selection of staples, and a range of snacks, drinks and car products. This shop is only one of two small convenience shops serving the entire village of Kirk Michael, each being located at either ends of the village. The existing petrol station is used by those visiting for fuel as well as those local residents requiring basic supplies. Those residents requiring a wider range of products (not available within Kirk Michael) are often required to visit larger shops and stores located in the nearby town centres such as Ramsey, Peel and in some cases Douglas.
6.4 Many of the aims running through the IOM Strategic Plan set out to promote best use of previously developed land (SP1), the promotion of sustainable travel (SP10) and the community benefits associated with the creation of neighbourhood shops (Paragraph 10.6.1). Minded of each of these aims its considered that the increase of the shop size here would allow for the provision of a wider range of good and products being made available for benefit of those living in the nearby area allowing greater customer choice, easier accessibility on foot and a reduced need for journeys by private motor vehicle. The re-use of the existing buildings also reduces the need for further development outside of the village boundary or occupying alternative sites that could be viable for alternate community uses.
6.5 In principle of the extension of the shop within Kirk Michael service village it is considered to be acceptable in line with Strategic Policies 1, 9 and 10, Spatial Policy 3, Business Policy 10 and Paragraph 10.6.1.
PHYSICAL ALTERATIONS 6.6 The site is designed as 'garage' on the Kirk Michael Local Plan and has a long and established use as a filling station and shop. The alterations to the external elevations and the removal of fencing from within the site are not expected to bring harm or result in any changes
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to the general character of the site. The existing building is of age and weathered in its appearance; it's likely that the physical refurbishment works will bring about a more kempt look to the entire site benefiting passers-by and the streetscene.
6.7 It is considered that the physical alterations and changes being made to the existing building and site are acceptable and meet with the tests of General Policy (b), (c) and (g).
PARKING PROVISION AND IMPACT ON HIGHWAYS 6.8 The site currently has 4 car parking spaces on the forecourt used by customers and on an ad hoc basis by service vehicles. The on duty staff currently park on the hardstanding surrounding the site.
6.9 Initial concern was raised for the extension of the shop bringing about a potential increase of customers visiting the site and the length of time spent browsing products. This increase potentially bringing more vehicles to the existing forecourt and staying for longer resulting in a backup and build-up of traffic onto the main road and adversely impacting the highway safety of the area.
6.10 In response to these concerns and in providing suitable parking provisions in accordance with Appendix 7 of the Strategic Plan the applicant and agent sought to prepare and submit an additional drawing and transport statement for the site. This additional information now designates 7 new parking spaces towards the rear of the site. If two of these spaces are occupied by staff it leaves 5 remaining spaces being made available for customers visiting the site by car in addition to the 4 provided on the forecourt.
6.11 It is likely that those persons living in close proximity to the filling station and shop will access the site on foot or cycling. Although not fully detailed in the drawing it is evident that there remains a large area of hardstanding towards the north east corner of the site and nearest the public footpath which could be utilised as an area of additional or overspill parking for vehicles, motorbikes or push bikes. If designed in accordance with the current standards set out for parking bays in the 'Manual for Manx Roads' this area could accommodate up to 5 additional spaces each measuring 2.5m x 5m, this taking the total provision for the site including the forecourt up to 16 spaces.
6.12 Appendix 7 doesn't specifically indicate how many spaces should be made available for customers as part of the neighbourhood shops parking standards although we can make a reasonable judgement that 1 staff member requires 1 parking space and that a delivery vehicle requires at least 1 delivery vehicle sized space. However in trying to determine customer spaces this is a little more difficult. Perhaps in doing this we can utilise figures from other standards which are based on floor area. For example a swimming pool, leisure centres or an out of town office require 1 car parking space per 15 sq m.
In calculating the filling station: o 90 sq m retail area = 6 car parking spaces (90 ÷ 15 = 6). o 1 service vehicle sized space = 2 car parking spaces o 2 staff = 2 parking spaces
Total requirement for currently proposal = 10 car parking spaces.
As proposed the site provides 11 car parking spaces (inclusive of the existing 4 forecourt spaces) and when adding the further 5 of the overspill hardstanding there is parking provision in excess of that required as per the floor area calculations.
6.13 It must also be noted that DOI Highway Services reviewed the additional information electronically and concluded in comments dated 22/06/2018 that they were satisfied that the proposal would not cause any capacity or road safety issues.
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6.14 The Commissioners has raised comments that the disabled space should be at the front and that the layout should be reversed to allow vehicles to drive into the spaces and reverse out. Given that the access to the shop is at the rear and closest to the disabled bay the provision of this space to the front would not be necessary, and in assessing the layout, it is considered that the arrangement shown on plan is likely to provide a safer parking arrangement with greater visibility of oncoming traffic when pulling out of spaces rather than reversing into traffic.
6.15 For the above reasons it is considered that the proposed parking is sufficient and capable of accommodating the additional vehicular and pedestrian journeys expected as a result of the development and without any new or adverse impacts on local highway safety in accordance with General Policy 2 (h) and (i) and Transport Policies 4 and 7.
7.0 CONCLUSION 7.1 The proposed external alterations and extension to the shop are expected to bring about a larger neighbourhood shop in walking distance for the local residents of Kirk Michael helping to work towards a more sustainable community. While it's likely that this will help in reducing the need for journeys being made by private motor vehicles, there will still be customers, staff and deliveries arriving by vehicle for which it is considered there is a sufficient and suitable amount of parking to ensure no adverse impacts on local highway safety as a result of traffic backing up on the main road.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
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 in Article 6(4) who should be given Interested Person Status. __
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date : 15.11.2018
Determining officer
Having read the Local Authority comments I consider their point re: spaces to be a suggestion not objection, therefore, need not go to Planning Committee.
Signed : S BUTLER
Stephen Butler
Head of Development Management
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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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