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19/01193/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/01193/B Applicant : Stam Limited Proposal : Variation of condition 3 of PA 19/00519/B, Alterations and conversion of light industrial unit to provide leisure facilities including axe throwing, restaurant, amusements and ancillary spaces, to amend the hours of operation to allow the Class 3 facilities to operate between 0730 and 2300hrs Site Address : Unit 22 South Quay Industrial Estate Douglas Isle Of Man IM1 5AT
Principal Planner: Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 24.03.2020 __
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 restaurant use hereby approved may be open for business only between the hours of 0730hrs and 2300hrs on any day.
Reason: the application has sought these hours and that is what has been assessed.
C 3. For the avoidance of doubt no approval is hereby given for the site to be used for a food or drink takeaway service.
Reason: To ensure that the hours of operation result in there being sufficient car parking available to serve the development and as the application has not proposed this use and therefore has not be considered as part of the application.
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This application has been recommended for approval for the following reason. It is considered the additional hours raise no significant impacts to private or public amenities or to parking provision in the area and therefore is considered acceptable, complying with the relevant policies of the IOMSP.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 29th October 2019:
o JTM-1906-P-00 A - Site location plan o JTM-1906-P-01 A- Existing Site Plan, Ground Floor Plan & Elevation o JTM-1906-P-02 A- Proposed Site Plan, Ground Floor Plan & Elevations o JTM-1906-P-03 A- Proposed Internal Views
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The application site is Unit 22 on the South Quay in Douglas, which until recently (currently being renovated to accommodate a leisure use) was a vacant light industrial unit facing the Marina with a floor space of approximately 263m2 situated between Swan House at the bottom of Douglas Head Road and 25 South Quay - an industrial unit to be demolished with a car park approved. The building itself is rendered, with rendered recessed apertures. Aside from the front façade, the building is of no notable architectural interest and similar to many older industrial units in the area.
1.2 There is a layby to the front (3 parking spaces), with footpath behind. From this footpath, the building's main entrance is a single access door in a larger timber framed opening at the front, with side and rear single and double doors. The building has one level throughout.
2.0 THE PROPOSAL 2.1 The application seeks approval for the Variation of condition 3 of PA 19/00519/B, Alterations and conversion of light industrial unit to provide leisure facilities including axe throwing, restaurant, amusements and ancillary spaces, to amend the hours of operation to allow the Class 3 facilities to operate between 0730 and 2300hrs.
2.2 It should be noted that although not in the description of development, the applicants accompanying planning statement discussed the use of the building as a takeaway services. However, the applicant was advised that the variation of Condition 3 would not be able to deal with this issue. Consequently the applicant's agent has confirmed they would not be seeking the additional use of the site for takeaway purposes.
3.0 PLANNING POLICY 3.1 The site is within an area designated in the Douglas Local Plan 1998 (South Map) as Light Industrial. The following policies of the Isle of Man Strategic Plan 2016 are relevant both due to the location of the site and the proposed use. Under the Draft Area Plan for the East the site is "Mixed Use - Quayside" and within Proposed Comprehensive Treatment Area 3.
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3.2 Strategic Policy 1 is important to consider as a base for the assessment of this application. "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."
3.3 Strategic Policy 10 is also relevant: "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."
3.4 General Policy 2 (in part) 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: (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; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding."
3.5 The site is partly within an area identified as at risk of coastal flooding at a 0.5% chance in any year (1 in 200 year event). Environment Policy 10 relates to flooding and states:
"Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4."
3.5.1 Furthermore, Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."
3.6 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."
3.7 Business Policy 5 is important given the land use designation:
"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."
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3.8 Community Policy 7: "The design of new development and the extension and refurbishment of existing buildings and development must, as far as is reasonably practical, pay due regard to existing best practice so as to help prevent criminal and anti-social behaviour."
3.9 Transport Policy 1: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes."
3.10 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
3.10.1 The current standards for leisure development are "1 space per 15 square metres gross floor space."
3.11 Draft Area Plan for the East - CTA Proposal 3 (Treatment Plan) "Development of this area could include either leisure; retail warehouse (bulkygoods); offices and residential uses. The acceptability of the range of uses and their precise location shall be assessed as part of a development brief taking into account accessibility, highway impact, design, visual impact and flood mitigation. Provision for a cycle route that could eventually link to the Millennium cycleway shall be included."
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 The report of the Select Committee of Tynwald on the Development of Unoccupied urban sites (2017-2018) (hereafter "The Select Committee Report" recommended that,
"Tynwald calls upon the Council of Ministers and all Departments to use every means at their disposal to encourage and prioritise the development of unoccupied or previously developed urban sites ahead of building on greenfield sites in the Manx countryside; and in particular that Tynwald is of the opinion that urgent action should be taken ... (iv) to use the planning system, taxation and other potential incentives to discourage greenfield development; (v) to use the planning system, taxation and other potential incentives to encourage brownfield development in Development Zones in Douglas and in other urban areas".
4.2 The Central Douglas Masterplan is not a statutory document but was approved by Tynwald in 2015, "as a general framework for the development of Central Douglas, a material consideration in the determination of planning applications and the formulation of planning policy, most notably the Area Plan for the East". The format of the Masterplan was intended to ensure that, "The evidence base and project proposals could be reviewed for inclusion in the Area Plan for the East". It breaks the area down into 8 Character Areas based on a combination of function and identity. Within each Character Area individual project proposals are set out to strengthen the Character Areas, and carry forward the Vision and Objectives. It forms part of the evidence base to the Area Plan.
4.3 The Employment Land Review (ELR) was produced in 2015, and in 2016 an update was commissioned, which was finalised and published in 2017. The Headline findings for this included that, "The majority of demand for employment floorspace continues to focus on locations in the East", "Available land in the East is limited to 2ha, a land supply of under 3 years at historic rates" and "Over the last 18 months, windfall development opportunities have emerged within existing allocations which have absorbed requirements. Such opportunities will become increasingly restricted. This will be further compounded as industrial requirements increase".
5.0 PLANNING HISTORY 5.1 Alterations and conversion of light industrial unit to provide leisure facilities including axe throwing, restaurant, amusements and ancillary spaces - 19/00519/B - APPROVED
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6.0 REPRESENTATIONS 6.1 Douglas Borough Council does not object (22.11.2019).
6.2 Highway Services initially made the following comments (02.12.2019): "Given the fact that there is no supporting evidence within the application that provides any comfort in relation parking capacity during the day, the original condition restricting the business to 17.00 - 23.00hrs is still considered to be a reasonable condition. The application to vary the relevant condition is not considered acceptable. Recommendation: REFUSE"
6.2.1 Following a Parking Survey being submitted by the applicants Highway Services made the following comments (13.03.2020); "An initial consultation response was provided on 2nd December 2019 stating an objection due to lack of information relating to the availability of on-street car parking.
The applicant has now conducted a parking survey that has demonstrated that there is an availability of on-street parking in proximity of the site during the additionally proposed hours of opening. The objection is now withdrawn as the proposal is proven to be acceptable.
Recommendation: DNO"
7.0 ASSESSMENT 7.1 The only consideration to consider is whether the hours of operation for the restaurant aspect of the business Class 3 being extended are acceptable or not. The hours of operation of the leisure use of the building (axe throwing) would remain as they are currently (1700hrs till 2300hrs). 7.2 The site is not near to any residential properties (namely officers and industrial uses) and therefore the proposal would not have any adverse impact upon neighbouring residential amenities.
7.3 Arguable the main issue relates to parking provision. The site has none, albeit there are three spaces immediately to the front of the site (lay-bys). When the application was originally considered by the Planning Committee the then planning officer did not recommend any conditions restricting the hours of operation. However, Highway Services sought such conditions being attached as there was little parking provision on the site.
7.4 The proposal therefore does not accord with Transport Policy 7. That being said, the site is less than 200 metres by foot from the North Quay and Train Station. Parking is not ample for the many cafes and restaurants on the North Quay however the use of taxis, public transport, and public car parks nearby reduce demand. The same availability of public parking and alternative transport would be available to customers of the venue, in accordance with Transport Policy 1.
7.5 Initially Highway Services raise concern of the lack of parking in times where the demand may be greater than the current hours of opening.
7.6 Accordingly, the applicants have provided a parking survey which makes the following comments: "The survey has been conducted over a working week from Monday 10th February until Friday 14th February 2020 and observations were taken as far as practical at similar times of the day. The observations consisted of photographs of the following: o The 3 laybys immediately outside and flanking Mad Jack's Axe Throwing consisting of 1 bay outside Baywash for 5 vehicles, 1 bay outside Mad Jack's for 3 vehicles and 1 bay outside Quay house for 3 vehicles (1 1⁄2 hours disk zone) o Approx 12 spaces further along south quay outside garages and units towards Millennium bridge."
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7.7 And in conclusion the survey states: "From knowing that our current customers base are primarily working at or visiting other businesses in the area and the survey showing an average of 6.3 spaces available in the 3 parking bays over the period of observations, I do not believe the approval of addition opening hours of Wicked Wagon @Mad Jack's would have a detrimental effect to parking in the area. It may conversely ease traffic, as there is a facility for food and drinks available in the area instead of people needing to travel elsewhere.
South Quay Industrial Estate has a wide range of potential customers in the immediate area including: o Staff of businesses on the estate including tyre fitters, mechanics, auto electricians, martial arts studio. o Office workers in Quay House and other near-by buildings. o Customers to other businesses such as Manx Gas, Ace Hire and Sadlers. o Boat owners and visitors at the nearby harbour/marina.
Prior to opening Wicked Wagon in 2018, which until recently was located on South Quay industrial Estate, Wicked Coffee (IOM) commissioned market research that identified over 50 businesses in the immediate vicinity and several others nearby. The general response was positive with many agreeing to complete a short survey and subsequently proving to be loyal customer who are continuously asking when the new Wicked Wagon @ Mad Jack's will be open during the day time to one again support the area."
7.8 As indicated in the representation section of this report Highway Services have considered the parking survey and do not have an objection to the application now.
7.9 Furthermore, any use of the building (especially in line with the requirements of the Area Plan for the East) would likely generate traffic beyond what is available either within the site or on-street. Given the site is on a main route it is highly unlikely persons would park on the road as they would partially block a main carriageway into Douglas. What would likely result would a person would have to find suitable parking elsewhere or go elsewhere.
7.10 The applicants suggest that the majority of customers would be from the nearby employment uses which is a reasonable assumption, which would likely result in customers waking to the site from their place of work, rather than driving to the site.
7.11 The additional hours of the site throughout the day and evenings raise no concerns.
8.0 CONCLUSION 8.1 The application is recommended for an approval as it is considered the additional hours raise no significant impacts to private or public amenities or to parking provision in the area and therefore is considered acceptable, complying with the relavant policies of the IOMSP.
9.0 INTERESTED PERSON STATUS 9.1 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.
9.2 The decision maker must determine:
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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 : 17.04.2020
Determining officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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