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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/01328/C Applicant : Mama Bear's Ltd Proposal : Change of use of former bank to Children's Soft and Sensory Play Centre Site Address : Bank Station Road Ballasalla Isle Of Man IM9 2DD
Case Officer : Miss Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 11.02.2020 __ 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. Prior to occupation of the site for the use hereby approved the applicant shall provide in writing to the Department a travel plan that needs to provide details of how travel to the site for customers and staff will be managed with details of off site staff car parking provision. The travel plan shall be submitted to and approved in writing by the Department prior to the coming into use of the building and shall be implemented in accordance with the details stated within the approved Travel Plan.
Reason: to minimise on street car parking that could be detrimental to the operation of the highway and to encourage sustainable transport in accordance with the active travel strategy.
C 3. The forecourt to the front of the building shall be for customer parking only, and shall be maintained free of obstruction for such use at all times when open for business.
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Reason: to minimise on-street car parking that could be detrimental to the operation of the highway.
C 4. No customers shall be served or remain in the building outside the following hours: Monday - Saturday 0900 to 1730 hours Sunday 1000 to 1600 hours
Reason: In the interests of public amenity.
-- Reasons for Approval;
The proposal makes best use of an existing under used building within a service centre that can be easily accessed on foot or by public transport. The nature and operation of the proposed facility coupled with the existing building and site arrangement is as such that the activities at the site are to be contained within the building with no adverse harm expected on the amenity of the neighbours. Off road car parking spaces are available at the front of the building and are to be conditioned for customer use only in the interest of highway safety.
-- Plans/Drawings/Information;
This approval relates to Site Plan, Location Plan, Existing and Proposed Plans and Supporting Information all date stamped and received 25/11/2019.
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Interested Person Status - Additional Persons
None
__ Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE USE COULD BE CONSIDERED CONTRARY TO THE LAND USE DESIGNATION AND IS RECOMMENDED FOR APPROVAL.
THE SITE
1.1 The site is the former Isle of Man bank premises situated on the western side of the A5 main road which runs between the roundabout in the centre of Ballasalla and the one at the entrance to Balthane industrial estate. The site accommodates a building - the former bank which closed in 2015 - with a hard surfaced forecourt in front (approx. 17m wide x 8m deep) used for car parking and which is partly occupied by a ramped access to the building. Double yellow lines run across the front of the site. At the rear of the site there is an enclosed yard around 5.5m by 6.5m.
1.2 The site has residential properties on three of its sides: Silverdene, a large, detached dwelling sits to the north; 2, Silverburn Drive sits immediately to the south with the rear garden of 5, Silverburn Drive lying to the rear of the site.
THE PROPOSAL
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2.1 The current application proposes the change of use of the building to a children's soft and sensory play centre for ages 0-6 years old, the facility is also to provide quiet sensory room for children with special educational needs or those receiving specialist therapy treatment.
2.2 The proposed hours of operation are Monday - Saturday 9.30am - 5pm and Sunday 10am - 4pm. The supporting information indicates 5 x 90min sessions each day with bespoke 2 hour autism sessions on Sundays with an average of 7 children in each class. 2 staff members Mon-Fri and 3 staff at the weekends.
2.3 Drawings for the application indicate 5 spaces (incl. 1 disabled) being provided on the hardstanding. Supporting information also indicates that management are looking at leasing car parking spaces nearby for staff to park off site. The information also indicating a disc zone public car park at the Commissioner's office and the site being located on the route of 4 bus services and near to the Steam Railway Station. Reference is also made to a recently approved application including the creation of a bypass which may reduce future traffic levels along Station Road.
2.4 There are no physical external works proposed to the building.
PLANNING HISTORY
3.1 The premises have been the subject of a number of applications most relevant in this case is PA 18/00896/B for alterations in connection with a change of use from bank to restaurant (class 3) and takeaway, including installation of flue from new extraction system. The use was proposed to operate 1100 until 2200hrs every day with home delivery service operating between 1700hrs and 2100hrs every day. There was to be 4 members of staff and two delivery drivers delivering food by motorbike or scooter and 5 car parking spaces at front being available "entirely for customers' use". The application received significant objections including from the local Commissioners, Highway Services and 19 local residents, these concerns relating to the intensification of a restaurant and takeaway use for the hours proposed having a negative impact on Highways and neighbouring amenity. The application was refused on three grounds, two matters relating to highway safety including insufficient on- site parking to serve the proposal resulting in illegal on-street parking and a limited amount of space resulting in vehicles reversing in or out onto a busy main road, and the adverse effect on the living conditions of the neighbours by virtue of noise from the disposal of waste and the comings and goings of staff and customers later in the evening, and by virtue of the noise and smell from the operation of the flues.
PLANNING POLICY
4.1 The site lies within an area designated as Residential on the Area Plan for the South 2013. Such designations do not preclude other uses where these are complimentary to a residential neighbourhood, for example local shops, light industry and employment opportunities can be acceptable (Strategic Plan paragraph 9.2.3 - definition of light industry, Business Policy 10, section 10.6). Excerpts from the Strategic Plan also highlight the importance of the civic and communities facilities within existing centres as to promote access for all and sustain community life. Ballasalla is recognised as being a Service Village (Spatial Policy 3).
4.2 There are no specific policies relating to the proposed sui generis use which could be likened to a mix between education, child and health care, therefore the assessment will draw on factors from the below policies in reaching a conclusion on the matter:
4.3 Strategic Policy 1:
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"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 2:
"New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
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 General Policy 2:
"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; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan and (m) takes account of community and personal safety and security in the design of buildings and the spaces around them".
4.7 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.
4.8 Community Policy 2:
New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings.
4.9 Community Policy 3:
"Development (including the change of use of existing premises) which results in the loss of a local community facility (other than shops and public houses) will only be permitted if it can be
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demonstrated that it is no longer practical or desirable to use the facility for its existing use or another use likely to benefit the local community."
4.10 Paragraph under 10.5 Civic and Community Facilities
10.5.1 Community facilities are those services or facilities that provide for the needs of the Island population. As such, they should be appropriate to the needs of the Island's population and be located as to be easily accessible. Community facilities include community centres, medical facilities, places of worship, schools, nurseries, library services and premises which provide an element of care for those sectors of the community that are in need of this.
10.5.2 It is not for the Strategic Plan to address or determine the needs for community facilities, but to address the land use issues arising from such proposals. Where there are known site requirements these will be safeguarded in the relevant Area Plans for that area. Proposals for such uses will therefore be assessed against general criteria based policies. 10.5.3 It is one of Government's general policies to promote equity and equality of access to education, health, community and recreation facilities, services and the wider environment for all sectors of the community.
4.11 Paragraphs under 10.6 Neighbourhood Centres
"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.
10.6.2 Local shopping/neighbourhood centres, typically described as local centres, usually comprise a newsagent, a general grocery store, a sub-post office and occasionally a pharmacy, a hairdresser and other small shops of a local nature. Allied to this may also be a community centre/meeting place to serve the immediate local community. With the increased focus on recycling, local centres are ideal sites for local recycling facilities.
10.6.3 In requesting community facilities within new and expanding developments, account needs to be taken of the size, type and particular needs of the new resident population. However, account must also be taken of availability and proximity of existing community facilities. Community benefit in this context is defined as one or more of the following: sub postoffice/general store, doctor's surgery and community meeting centres.
10.6.4 The following policy is therefore adopted to ensure the provision of appropriate facilities within new residential developments."
4.12 Transport Policy 7: 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards'. Appendix 7 of the Strategic Plan requires Assembly and leisure use to have 1 parking space per 15sq m gross floor space.
REPRESENTATIONS
Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Malew Parish Commissioners - no objection (08/01/20).
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5.2 Department of Infrastructure Highway Services (DOI)- Do not oppose subject to condition (06/02/2020).
The key highway issue relates to on site car parking. There was initial concern that 5 spaces would not be sufficient for staff and users of the proposed facility. Prior to the application being formally submitted the applicant contacted DOI to discuss the issue of on-site car parking and subsequently provided an email stating that the on-site car parking would be just for the use of customers and no staff parking onsite. The applicant was seeking to lease nearby offsite car parking for staff.
It was considered that the situation could be viable but there would need to be some means to control the management of the car parking as to minimise on-street car parking that could be detrimental to the operation of the highway and promote sustainable travel. This could be imposed via two planning conditions one for customer parking only at the site and the other requiring the provision of a Travel Plan for the facility. The plans indicate space available for cycle parking and this option should be considered as part of the Travel Plan initiatives.
ASSESSMENT
6.1 Planning history evidences the unacceptability of a restaurant and takeaway use at the site due to the level of operation proposed and it's potential to adversely impact highway safety and neighbouring living conditions. In light of these issues, the key matters to consider as part of this application are whether or not the i) principle of the development is acceptable, ii) whether its operation would have any detrimental impact on highway safety, and whether or not there would be any harm to neighbouring amenity.
i) PRINCIPLE
6.2 Community Policy 3 seeks to avoid the loss of local community facilities unless it can be demonstrated that it is no longer practicable or desirable. While the bank was perhaps not a community facility per se, the building did provide a local service to those in the area or passing through Ballasalla. The bank ceased operation in 2015 and the building has sat vacant since. The policies of the Strategic Plan do not protect this bank use and therefore its replacement with another 'community like' facility would make best use of an existing unoccupied building located within an existing service village, utilising existing infrastructure and positively contributing to the range of services available in the local community.
ii) HIGHWAYS
6.3 The site sits at the heart of Ballasalla and on an arterial route between the south of the Island and the capital Douglas. Public transport passes frequently here with many of the buses servicing Ronaldsway Airport 1 mile south of the site. During the summer season the Steam Railway Services also provides an alternative transport connection between Ballasalla, Douglas and the south. The core location of the site makes it accessible to non-car users.
6.4 The operation of the business indicates an average of 5 sessions per day lasting around 1.5 hours with specialist 2 hour sessions at the weekend. The nature of the business could be best likened to an assembly/leisure use requiring the provision of 1 car parking space per 15sq m of gross floor area, however there are no set specific car parking figures for the proposed use. Measuring at 132sq m the building at 1 per 15sq m would require 8.8 car parking spaces.
6.5 Plans submitted for the application show the ability to achieve 5 off road parking spaces 1 of which a disabled space and all complying with the space size standards of the Manual for Manx Roads. Given the 10m depth of the hardstanding to one side, a restructure of the layout could accommodate two vehicles in tandem which could increase the provision to 6 spaces,
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although its usability may be restricted and likely reliant on on-site management. Nonetheless the parking provision numerically falls short of the required 8.8 spaces.
6.6 Supporting information for the application states that the management team for the business are seeking to lease car parking spaces in the nearby vicinity for staff to park off site so as to maintain the forecourt to the front of the building for customer parking only, an arrangement that would likely ease customer use at the benefit of the owners business model and success of the operation.
6.7 Highway Services initially expressed concern for parking at the site being insufficient for both staff and customer use, however on receipt of additional information from the applicant coupled with assigning two conditions restricting the parking to customer use only and the supply of a travel plan that the situation could be viable and the proposal acceptable.
iii) NEIGHBOURING AMENITY
6.8 The previous takeaway and restaurant application was considered to adversely impact neighbouring amenity through late opening hours and the noise of customers coming and going, noise of the operation during that time including closing up and dealing with rubbish, the emission of smells and odours and the operation and appearance of the flues.
6.9 The application now is to operate during the day time hours only, activities mostly contained within the building and also expected to have less coming and goings of customers. The nature of the business is likely to be quieter than a takeaway restaurant use although some children's play noises or crying could be anticipated however not considered to be unacceptable.
CONCLUSION
7.1 While falling short of the closest likened parking requirement, there is potential to achieve 6 spaces off the road and a condition can be added to restrict these spaces for customers use only, a solution which has been accepted by Highway Services. The proposal also makes use of a redundant building within the centre of a service village that can be easily accessed on foot or by public transport. The application has not received any objections from local residents or the local commissioners.
7.2 The application does not indicate that the small concrete yard to the rear is to be utilised for childrens play, however the nature of the business and relatively small scale of the operation it is not considered that its use would cause such adverse harm or unacceptable impact to neighbouring amenity. Given the arrangement of the site and the scale of probability that activities will be contained within the building it is not considered necessary to control the number of children at the facility at any one time. The proposed development is considered to be acceptable on highway safety grounds and neighbouring amenity subject to two conditions relating to the customer parking and provision of an active travel plan and operation hours.
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.
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8.2 The Planning Committee 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.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
Decision Made : ...PER...Committee Meeting Date:... 2/3/20
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.
Signed :...L KINRADE... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph in the Officer’s report).
Signatory to delete as appropriate YES/NO
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