111249 — 18/00994/B | Planning Portal IoM | Isle of Man Planning Portal

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/00994/B Applicant : Wicked Coffee (IOM) Limited Proposal : Installation of a structure (Class 3) to provide food and drink with associated seating area and decking Site Address : South Quay Industrial Estate Amenity Area Former Gas Production And Storage Site South Quay Douglas Isle Of Man

Principal Planner: Mr Chris Balmer Photo Taken : 04.10.2018 Site Visit : 04.10.2018 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 22.10.2018 __

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. Prior to the operation of the unit the timber cladding is required to be completed and retained thereafter.

Reason: In the interests of visual amenities of the area.

C 3. The building hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used for 3 months.

Reason: Its subsequent retention would result in an unwarranted intrusion in the area.

C 4. The external decking area may not go beyond the boundary of the application site (red line).

Reason: In the interest of highway safety

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers REF 001, REF 002, REF 003 and REF 004 all received on 20th September 2018. __

Interested Person Status - Additional Persons

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None __

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL

1.0 THE SITE 1.1 The application site is a small triangular parcel of land within the South Quay Industrial Estate which was recently constructed replacing the Former Gas Production and Storage Site located to the south of South Quay and southwest of the roundabout junction with South Quay and Douglas Head Road. The main portion of the site is elevated, looking towards the inner harbour.

1.2 The site is accessed via an existing industrial estate road to the east of the site. This estate road serves a number of industrial business and accesses directly onto South Quay.

2.0 THE PROPOSAL 2.1 The application seeks the installation of a structure (Class 3) to provide food and drink with associated seating area and decking. The unit would essential be a shipping container which is clad with timber boarding and using dark grey window and door frames. The unit would have a width of 7.3m, a depth of 3m and a height of 2.5m.

2.2 The applicants currently have a catering trailer on the same site. The applicants advise that the majority of their customers are person working at the adjacent industrial park and/or person who are visiting the industrial estate already and want food/drink. The unit would be open 07300hrs to 1600hrs Monday to Friday and 0900hrs to 1230hrs on Saturdays.

3.0 PLANNING HISTORY 3.1 The following previous planning application is considered to be specifically material in the assessment of the current application:

3.2 Erection of twelve light industrial units with ancillary car parking and extension to existing private industrial road - 15/01213/B - APPROVED - under this application the current application site was labelled as a "External Amenity Area" on the proposed site plan.

4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area zoned as "Light Industrial" identified on the Douglas Local Plan Order 1998. Under the Draft Area Plan for the East the site and the recently completed industrial estate aren't designated for development. The site is not within a Conservation Area. Given the nature of the application it is appropriate to consider the following planning policies:

4.2 General Policy 2 states: "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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (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;

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(i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (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 Business Policy 5 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."

4.4 Appendix Seven of the Strategic Plan sets out the parking standards to be applied to new development which states that light industrial, storage and distribution should have one space per 30 square metres nett floor space.

5.0 CONSULTATIONS 5.1 No comments received at the time of writing this report.

6.0 ASSESSMENT 6.1 The application seeks approval for the erection of twelve light industrial units. The main issues to consider in the assessment of the application are the principle of the use, potential impact upon the street scene, and potential highway issues/parking provision.

PRINCIPLE OF DEVELOPING THE SITE FOR LIGHT INDUSTRIAL PURPOSES 6.2 The application is within an area designated as light industrial and while this proposal wouldn't comply with this use, it is considered the scale and size of the unit would be considered to be an ancillary use to the overall estate. It is also noted that the previous approval of this site designated the site as an "External Amenity Area" on the proposed site plan, presuming the applicants at the time envisage such use. It is important to note the site wasn't proposed for car parking or of a size which could be used for industrial purposes. Accordingly, it is considered the proposed use would be acceptable on this site.

POTENTIAL IMPACT UPON THE STREET SCENE 6.3 In relation to the impact upon the street scene, the application is set behind existing office/industrial buildings which front onto South Quay and therefore given its size and height of neighbouring buildings, is unlikely to be significantly apparent, if at all. A condition should be attached which requires the timber cladding be completed before the unit operates to ensure the unit is of an appropriate design and appearance. It is unlikely planning approval would be granted for just a shipping container without such cladding.

6.4 Overall, it is considered an arrangement of the unit as shown and its size, design and finish would be appropriate for the site, and would not unduly affect the visual amenities of the street scene.

POTENTIAL HIGHWAY ISSUES/PARKING PROVISION 6.5 The proposal does not impact upon existing parking space within the site and users of the unit would likely be as the applicants have indicated i.e. workers/visitors of the existing industrial units. Accordingly, it is considered the scheme in terms of parking standards, and manoeuvrability of vehicles within the site would be unaffected.

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7.0 RECOMMENDATION 7.1 For the reasons outlined above it is therefore recommended that the planning application be approved.

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 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: 29.10.2018

Signed : C BALMER 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 29.10.2018

Application No. :

18/00994/B Applicant : Wicked Coffee (IOM) Limited Proposal : Installation of a structure (Class 3) to provide food and drink with associated seating area and decking Site Address : South Quay Industrial Estate Amenity Area Former Gas Production And Storage Site South Quay Douglas Isle Of Man

Principal Planner : Mr Chris Balmer Presenting Officer As above

Addendum to the Officer’s Report

It is recommended that the following persons should be given Interested Person Status as they are 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 6(4):

Quayside Tyres

Conditions of Approval