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                                      17/01101/B                                     Page  1  of  5

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 17/01101/B Applicant : Eden Park Developments Limited Proposal : Creation of 15 additional parking spaces and landscaping Site Address : Site Adj To Units A1 To A6, B1 To B6, C1 To C6 & D1 To D6 Eden Business Park Cooil Road Braddan Isle of Man

Planning Officer: Miss Lucy Kinrade Photo Taken :

Site Visit :

Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 02.07.2018 __

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 car parking spaces hereby approved shall be used by and for the benefit of users of the 24 units identified within the red line of Drawing 002, date-stamped as having been received 17th October 2017.

Reason: The parking hereby approved relates to a need arising from this particular estate, which itself was approved exceptionally despite being in conflict with those policies relating to the protection of the Manx countryside for its own sake. As such, it is right that these additional parking spaces be used solely in association with those units in order to avoid creating further land use tensions in the future.

Plans/Drawings/Information:

This approval relates to drawing number 002 and supporting information both date stamped and received 17/10/2017, and an email from the agent dated 22/11/2017. __

Interested Person Status - Additional Persons

NONE __

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Officer’s Report

THIS APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL IS CONTRARY TO THE LAND USE DESIGNATION OF THE BRADDAN LOCAL PLAN.

1.0 THE APPLICATION SITE 1.1 The application site is an irregularly shaped parcel of land that includes the four buildings that together comprise the Eden Park light industrial / research & development estate situated on the southern side of Cooil Road, Braddan.

2.0 PROPOSAL 2.1 Full planning approval is sought for the removal of a grassed area adjacent to the existing 15 parking spaces outside of Block B and the creation of 15 no. parking spaces, each measuring 4.8m in length and 2.4m in width. These spaces would be finished in block paving to match the existing parking spaces, and arranged parallel to the existing parking spaces and be occasionally separated by some low-level planting.

3.0 PLANNING HISTORY 3.1 The site has been the subject of extensive and occasionally extremely controversial planning applications in the past, relating to the initial approval for the buildings and thereafter to some of the approved uses thereof. It is important to note that, while there is a planning condition requiring the existing spaces be used by occupiers of the approved buildings, there is no planning condition preventing the installation of mezzanine floorspace within the units, each of which are double volume, meaning that the useable floorspace in the estate could effectively double without any form of planning control. It is also to be noted that Highway Services have previously lodged extreme concern about how alternative uses of the units from that which was approved would place pressure on the approved car parking spaces and could result in displaced parking.

4.0 THE DEVELOPMENT PLAN 4.1 The site lies within an area not zoned for any particular purpose on the Braddan Local Plan. However, given the extant and approved use of the site / units, it is appropriate that the current application be assessed against the relevant parts of Strategic Policy 10, General Policy 2 and Transport Policy 7 / Appendix 7 of the IOM Strategic Plan 2016.

5.0 REPRESENTATIONS 5.1 DOI Highway Services sought for the application to be deferred in comments made 8th November 2017. They were concerned at the lack of justification for additional parking, sought details regarding the existing floor areas of the units currently in operation and the number of parking spaces required under the Strategic Plan's Appendix 7, and also raised concern that the additional parking could be considered contrary to Strategic Policy 10 that seeks to reduce reliance on private vehicles, noting that the addition of parking spaces will reduce the likelihood that people will travel to the site / units by public transport.

5.2 The agent for the application sought to respond to the comments raised by Highway Services in an email dated 22/11/2017, the agent indicated that the original application was approved for 3615 sq m of floor area which equated to a minimum of 120 car parking spaces. Since which 5 of the units have installed mezzanine floors levels and it is expected that in total approx. 60% of the units will install mezzanine levels which will increase the floor area to 5271 sq m which requires 176 parking spaces. Although not all units have installed mezzanine levels as yet the current application has been submitted in its anticipation. Further comments have been received from Highway Services confirming that the information provided is sufficient and they do not oppose (26/06/2018).

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5.3 Braddan Parish Commissioners offered no objection to the application on 6th November 2017.

6.0 ASSESSMENT 6.1 The key issues here are the effect the proposed car parking spaces would have on the character and appearance of the area and also on highway safety.

6.2 Clearly, the land is not zoned for this use. Also clearly, were the Eden Park units not in place then this application would probably be recommended for refusal on grounds of a lack of need and the need to protect the countryside - though, equally, it is unlikely that the application would have been submitted in that circumstance. While it remains right to pay very close consideration to any application seeking approval for alternative uses in the existing Eden Park units on grounds that essential national need was demonstrated for light industrial uses in this location at that particular time, it is not considered that such a level of scrutiny needs to be afforded to applications seeking approval for ancillary uses to those units. This is one such application.

6.3 The above is not to say that it is anything other than unfortunate that insufficient parking was sought and approved for the estate, and that the pressure on the parking that does exist becomes more severe the more alternative uses are proposed. The fact that the land still remains unzoned for development remains a material consideration. It is also a material consideration that the units were approved (as noted) on grounds that there was an essential need for high quality units in this location, and that one assessment criterion regarding 'quality' relates to the experience of users and the landscaping of the site around those high quality units.

6.4 In this case, though, the parking is proposed to be sited in an area that, at present, has something of an under-used feel. They would be opposite an identical area of parking and at least partly opposite another existing building to the east. The parcel of land could not be used for any particular purpose, and the laying of additional block paving here (to match the existing) could not be said to result in the site encroaching further into the countryside. It is therefore considered that the visual impact would be acceptable.

6.5 The parking spaces are smaller than would normally be preferred but reflect those of the remainder of the estate. The estate is fairly open and has good visibility, while there are gaps for vegetation after each third space. This means that safe parking can be achieved carefully and the proposal provides additional parking space for an estate that could become under-provided for should additional mezzanine floorspace be created. Highway Services also confirmed that they did not oppose the application.

7.0 CONCLUSION 7.1 Overtime, additional floor area has been added to the existing units through the additional of mezzanine floor levels. This additional floor area results in the need for a greater number of parking spaces above and beyond that which was required in the original approval of the units. The proposal seeks to address the shortfall of parking spaces and reduced the need for displaced parking. The application is considered acceptable and likely to bring about an overall improvement to highway safety.

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;

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                                      17/01101/B                                     Page  4  of  5

(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.

The development hereby approved relates to Drawing 002, date-stamped as having been received 17th October 2017. __

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Permitted

Committee Meeting Date: 16.07.2018

Signed : Miss L Kinrade Presenting Officer

Further to the decision of the Committee an additional report was required

YES/NO See below

PLANNING COMMITTEE DECISION 16.07.2018

Application No. :

17/01101/B Applicant : Eden Park Developments Limited Proposal : Creation of 15 additional parking spaces and landscaping Site Address : Site Adj To Units A1 To A6, B1 To B6, C1 To C6 & D1 To D6 Eden Business Park Cooil Road Braddan Isle of Man

Planning Officer : Miss Lucy Kinrade Presenting Officer As above

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                                      17/01101/B                                     Page  5  of  5

Addendum to the Officer’s Report

The Head of Development Management discussed the wording of C2 indicating that it would be difficult to enforce. Minded of this it was considered that the wording for the condition be amended to reflect the availability of the parking spaces. Worded considered:

The parking spaces hereby approved shall at all times be made available for the parking of vehicles and shall be retained available for such use thereafter and free of obstruction at all times.

Reason: To ensure that sufficient provision is made for off road parking in the interests of highway safety. The approval also relates to a need arising from this particular estate, which itself was approved exceptionally despite being in conflict with those policies relating to the protection of the Manx countryside for its own sake. As such, it is right that these additional parking spaces be made available for the users of the units as to avoid creating further land use tensions in the future.

Conditions of Approval

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 parking spaces hereby approved shall at all times be made available for the parking of vehicles and shall be retained available for such use thereafter and free of obstruction at all times.

Reason: To ensure that sufficient provision is made for off road parking in the interests of highway safety. The approval also relates to a need arising from this particular estate, which itself was approved exceptionally despite being in conflict with those policies relating to the protection of the Manx countryside for its own sake. As such, it is right that these additional parking spaces be made available for the users of the units as to avoid creating further land use tensions in the future.

Plans/Drawings/Information:

This approval relates to drawing number 002 and supporting information both date stamped and received 17/10/2017, and an email from the agent dated 22/11/2017.