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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/01317/B Applicant : J R Riley Limited Proposal : Approval to use 125 square metres of garden centre for sale of Ladies, Mens and Childrens clothing (retrospective) Site Address : Rileys Garden Centre Ballapaddag Cooil Road Douglas Isle Of Man
Head of Development Management: Mr S Butler Photo Taken :
Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Refused Date of Recommendation: 25.08.2020 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The sale of clothing in an out of town location is contrary to the land use zoning in the Braddan Local Plan 1991, Business Policies 5&10 and Strategic Policy 9 of the Isle of Man Strategic Plan in relation to where retail uses such as this should be located, and is considered detrimental to the viability and vitality of Douglas Town centre as it could contribute to reduced footfall in the town centre. __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties and the following organisations should not be given Interested Person Status as they are not 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):
o JAC Distribution Ltd, Parliament Street, Ramsey o The IOM Fire and Rescue Service o Isle of Man Enterprises o Douglas Borough Council o 35 Cronk Elfin, Ramsey
As they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and as they have not explained how the development would impact
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the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THIS APPLICATION IS BROUGHT BEFORE PLANNING COMMITTEE FOR DETERMINATION AT THE REQUEST OF THE PRINCIPAL PLANNER.
1.0 SITE 1.1 The site is the curtilage of Riley's Garden Centre at Eden Park - garden centre and retail premises located on the south western side of Cooil Road. The site is adjacent to the Robinson's fruit and vegetable packing and packaging plant and opposite the main Isle of Man Business Park.
1.2 The site is used for the retailing of a range of products including clothing, bicycles, garden machinery, a café and food products.
2.0 THE PROPOSAL 2.1 The application is retrospective for the use of 125m2 of the interior floor space of the garden centre for the sale of Ladies, Men's and Children's clothing.
3.0 PLANNING HISTORY AND BACKGROUND 3.1 The planning history for the wider site is substantive. Much of it is concerned with the erection of extensions to the property and works ancillary to the main building. The following represents a summation of the planning and enforcement history for the garden centre.
3.2 Planning approval was first granted as an approval in principle under 01/02360/A, for creation of storage, retail and repair centre for farm and garden machinery and equipment". This application was approved subject to a number of conditions one being:-
"This approval relates of the principle of the use of the site and the erection of buildings thereon for the purposes of the sale, repair and demonstration of garden and/or agricultural equipment and machinery and the sale of plants and seeds. No general retailing is hereby approved nor the sale of other items not associated with the above."
3.3 In 2003, 03/00344/B followed on from the 2001 approval and sought and received approval for "Erection of garden and machinery centre to include retail area, offices, restaurant, ancillary services and parking".
3.4 The application was considered by Planning Committee who expressed some concerns over the range of goods to be sold from the site which were not associated with garden machinery or equipment. Following this a list of items was subsequently put forward by the applicant's agent. Following negotiation the approved list was submitted by Mr M F Riley on 22 July 2003. This list was agreed by the Planning Committee and attached to the approval and is cross- referenced in condition 3 of the approval 03/00344/B.
3.5 Following on from this there have been a number applications relating to design (04/0266), drainage and access arrangements, (04/02547), extension. In 2012, there was an application for an extension to provide a storage facility, garden machine workshop and weather protection to an existing canopied display area (12/00243/B and 13/00201/B ) which were approved. This was then amended via 13/00201/B which was approved. Most recently, illuminated signage at the site was approved (14/00093/D).
3.3 There are a total of 4 concurrent planning applications under assessment for the use of the application site for various retailing purposes, the current application is one of them. The
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purpose of the applications is to allow additional items to be sold above that allowed in the original application and a Section 13 Agreement which was entered into as a result of enforcement action. The Section 13 Agreement was drawn up to regulate and clarify the sales items from the garden centre and to assist both the appellant and the Department in an appeal in respect of an enforcement notice. This agreement sets down a number of types of goods and products outside the conditions list on the following basis, subject to limitations and conditions;
o those which would be appropriate at a garden centre, such as wildlife products; o those that have been sold for in excess of 10 years on a consistent year round basis, such as cards, picture frames and sweets; o those that have been sold for in excess of 10 years on a seasonal basis, such as Christmas decorations; and o those sold at such levels they are not considered to be expedient or at such a level to pursue enforcement action, such as ornaments, picnic ware and fireworks;
4.0 PLANNING POLICY 4.1 The site lies within an area designated on the Braddan Parish Plan of 1991 as Open Space / Agricultural use. The site, however, is within an area that has an established use as a garden centre. Given the substantial level of development which has taken place in recent times, it is considered reasonable to acknowledge that the application site's use goes beyond the current designation.
4.2 The emerging Area Plan for the East is also relevant. The draft Area Plan for the East was published on 25.05.18 and, following examination, the inspector's report was published 25.11.19 and the plan is currently being taken through the formal stages leading to final consideration by Tynwald. Within the plan the site is designated as industrial use and within the new Douglas existing settlement boundary. This was not challenged through consultation or at the inquiry. This allocation is not considered to weigh in the application's favour.
4.3 The following policies of the Isle of Man Strategic Plan are considered to be material relevance given the land use zoning and the proposal.
4.3.1 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 re-using 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.
4.3.2 Strategic Policy 6: Major employment-generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans.
4.3.3 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.
4.3.4 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
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4.3.5 Spatial Policy 5: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.
4.3.6 General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment.
Previously developed land is defined in Appendix 1 of the Strategic Plan as "land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure."
4.3.7 Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.
4.3.8 Business Policy 5: 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.
4.3.9 Paragraph 9.2.5 of the Strategic Plan is also particularly relevant to this assessment: "There has been pressure on Government to permit retailing within industrial areas, particularly those on the outskirts of Douglas. Following the development of the large-span "do it yourself" retail facility by B & Q in the Spring valley industrial estate in the mid-1980s, Tynwald took an immediate stance against out of town retailing by a resolution in 1987 which stated that "Positive steps should now be taken to revitalise existing town and village centres for the benefit of the whole community...and no further major out of town retailing developments should be permitted". The Braddan Local Plan adopted by Tynwald in 1991 reiterated this policy, and successive local and Area Plans have been formulated to concentrate retailing on existing centres in defined settlements."
4.3.10 Business Policy 9: 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(1).
4.3.11 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.
4.3.12 Community Policy 11: The design and use of all new buildings and of extensions to existing buildings must, as far as is reasonable and practicable, pay due regard to best practice such as to prevent the outbreak and spread of fire.
4.3.13 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
5.0 REPRESENTATIONS
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5.1 Braddan Commissioners have no objection to the application (15 and 29.01.18).
5.2 JAC Distribution Ltd, Parliament Street, Ramsey objected to the application (17.01.18) citing the following reasons: o All of the goods within the applications can and are sold from town centres around the Island; o The proposals do not accord with Business Policies 5,9 and 10; o To allow this retail element would set a dangerous precedent and cause harm to the vitality of the town centres and confidence of business owners and operators in the town centres.
5.3 The IOM Fire and Rescue Service recommend refusal of the application as it does not currently comply with Fire Precaution regulations for a building with a compartment size greater than 5000m2. They note that the above property has a compartment exceeding this size but no fixed firefighting system installed, so consequently does not comply with these regulations. The introduction of petrol utility vehicles, electric bicycles, home interior goods and clothing has increased the fire loading (03.01.18).
5.4 Isle of Man Enterprises object to the application (16.01.19) for the following reasons: o Proposed use does not fit with an out-of-town location; o The ranges of clothes sold would normally be sold from a town centre; o Risk of creating unwanted precedents for selling goods not in the spirit of Business Policies 5,9&10;
5.5 Douglas Borough Council object to the application (18.01.18) on the basis that it is contrary to Business Policy 5&10 and would set a 'dangerous precedent' that could impact on retail areas.
5.6 An objection has been received from 35 Cronk Elfin, Ramsey (29.12.17) stating that such a use does not fit with Government town centre policy and would set an unwanted precedent of retailers setting up shop outside the town centre.
6.0 ASSESSMENT 6.1 The key considerations in the assessment of this application are: o The principle of the retail use in question being operated from this site; o The impact on Douglas Town Centre; and o The parking and highways impact.
6.2 The principle of the use
6.2.1 As outlined previously in this report, the wider site is not specifically zoned for development in the Braddan Local Plan. There is therefore a general presumption against development. However, General Policy 3 sets out criteria where exemptions to the general presumption are considered - one being where the site is previously developed land. It is considered that the substantial size of the garden centre is previously developed land, and therefore the change of use development in this application may be considered acceptable in broad land use terms.
6.2.2 Despite this however, there are additional considerations in terms of principle of development relating to the broader commercial use itself and its acceptability in an out-of town area. Whilst the use as a garden centre has been established, and it is accepted that ancillary retail provision relating to the garden centre use may be permissible, this application specifically assesses the sale of clothing from the site as specified in the proposal description.
6.2.3 As the floor space of the site would not be altered or expanded, it is not considered that there is a quantifiable level of increase in 'employment generating development' on the site
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which may be considered as 'major'. Therefore, the use does not conflict with Strategic Policy 6. It could be argued that the use makes use of previously developed land, however this argument could also be used for the positioning of the retail element within the town centre or any other previously developed land, it is not considered sufficient reason for the use being undertaken within the application site.
6.2.4 Strategic Policy 9 is clear in that it states that all new retail development must be sited within town and village centre on land zoned for such purposes. In assessing whether the sale of clothing as outlined is a 'new retail development', it is considered that the sale of ladies, men's and children's clothing is a use which could not reasonably be regarded as ancillary to the operation of a garden centre, it is a new and previously unauthorised retail development. The test in Business Policy 5 of whether a retail use can be sited in an industrial area is whether the items to be sold could not reasonably be sold from a town centre location because of their size or nature. The sale of clothing is something which is both prevalent in Douglas Town centre around the main Strand Street shopping area, but which contributes to the overall vibrancy of the town centre as discussed later in this report. It is considered reasonable that clothing could, and should, be sold from retail premises in the main retail core of the town centre.
6.2.5 As noted in 4.2.9 of this report, there is a wider Government desire to restrict the level of out-of-town retail development in general, and this is backed up by the Business and Strategic policies outlined above.
6.3 Impact on the town centre
6.3.1 Following on from the above, it has been noted that the Strand Street area of Douglas features the bulk of clothing outlets in Douglas and is the primary clothes retail area on the Island. The sale of clothing from the Strand Street area contributes to its footfall and has a knock-on benefit to other town centre uses such as other retail outlets and café's. The sale of clothing from the site, where it could otherwise be sold from the town centre, is likely to contribute to a reduced footfall in the town centre and therefore to a reduction in the vitality and viability of the town centre. In is considered therefore that the retail use in question is unacceptable in terms of its impact or potential impact on the town centre of Douglas.
6.4 Parking and Highways
6.4.1 As there is no increase in floor space proposed, and the general garden centre use may be classed as retail, it is considered that there is no specific intensification of the use resulting from the sale of the items outlined in the proposal description. Therefore, the impact on parking demand on the site, and on highway safety and access onto the main Cooil Road, is unlikely to be significantly altered with or without the use being undertaken. The proposal is therefore considered acceptable from a parking and highway safety perspective.
6.5 Other Matters
6.5.1 IOM Fire and Rescue service have raised concerns around the overall fire safety of the garden centre building. It is considered that these matters are controlled through separate non-planning legislation, and do not relate specifically to the acceptability of the use in question - given the existing use as a garden centre. The Fire Service have been consulted with more recently and have advised the case officer (October 2019) that the applicant is in the process of addressing concerns raised in relation to fire safety.
7.0 CONCLUSION 7.1 In summary, the sale of clothing from the premises is a use which could reasonably be carried out in the town centre. Having this type of retail use in an out of town location is contrary to the land use zoning, Business Policy 5&10 and Strategic Policy 9 and is considered
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detrimental to the viability and vitality of Douglas Town centre. The application is therefore recommended for refusal.
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 : ...Refused... Committee Meeting Date:...07.09.2020
Signed :...S BUTLER... 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 07.09.2020
Application No. :
17/01317/B Applicant : J R Riley Limited Proposal : Approval to use 125 square metres of garden centre for sale of Ladies, Mens and Childrens clothing (retrospective) Site Address : Rileys Garden Centre Ballapaddag Cooil Road Douglas Isle Of Man
Head of Development Management : Mr S Butler Presenting Officer As above
Addendum to the Officer’s Report
The Officer recommendation was amended to afford the IOM Fire & Rescue Interested Person Status.
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