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Application No.: 19/01449/C Applicant: ZipAddress Ltd Proposal: Change of use to include use classes 2, 3, 4, 5 (excluding light industrial), and 6 Site Address: Mountain View Innovation Centre Jurby Road Ramsey Isle Of Man IM7 2DZ Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 26.06.2020 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: The application has been judged and considered acceptable on the basis of the above proposed uses only.
These restriction does not apply for the Use Class 3 (i.e. cafe) of the Town and Country (Permitted Development Order) 2012 (or the equivalent class in any order which replaces it) within the "Babbages" building which will operate as a café open to members of the public. The uses of this section of the building would not account as an "event". However, if it is used for the purposes of Civic and Community Halls, Exhibition Halls, Conferences and Training Centres then the first paragraph of Condition 4 above would apply.
Reason: In the interests of the residential amenity of the area This application has been recommended for approval for the following reason.
It is considered the proposed additional uses and additional hours of operation (namely for the events, training, conference uses) would be acceptable and would not have any significant impacts upon public or private amenities and therefore comply with the relevant planning policies referred to within the IOMSP.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 received on 30th December 2019 and emailed dated 25.06.2020 from the applicants.
_______________________________________________________________ Interested Person Status – Additional Persons
None _____________________________________________________________________________
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE SITE - 1.1 The site is an area of just over 11 acres situated between the A13 Jurby Road and the Sulby River. Access to the site is from the Jurby Road via a lane 260m long, from the A13 to the west of a property called Baldromma and curving round to the east close to another property, Baldromma Farm Bungalow which has been part of the film studio application site in previous applications but in this case is shown as having been sold in one of the accompanying drawings.
1.2 The site accommodates four buildings, all large scale structures, the office/film workshop which is at the northern end of the site which is 31m by 21m and is two storey, the ground floor is mainly open with small offices around the outer part: the first floor is all open plan offices. This provides a total of 1300 sq m of floor area. To the south of this is a building which is attached to the main film studio which is further south. This building is 24m by 28m (672 sq m) and single storey but contains a variety of inner buildings and rooms, a sub-station and changing room/canteen unit. The main film studio has a footprint of 25m by 43m (1075 sq m). There are areas of hardstanding around the buildings which are used for parking. There is also a small detached building alongside the bungalow which provides a further 59 sq m of floor area. - 1.3 Under a previous application (14/01257/B) this allowed the original film studio buildings to be used for additional uses(retaining ability to make films) such as; Civic and Community Halls, Exhibition Halls, Conferences and Training Centres. The application also allowed other buildings in the site to be uses for commercial offices, which included the use of the existing canteen to be used to serve employees at the site. Since the PA 14/01257/B, there was an additional application to change the use of a sound recording studio to a children's day nursery (18/00206/C). - 1.4 The buildings, mainly the principal film studio building, are visible from the southern side of the Sulby River, distant views being from the Lezayre Road and from the northern end of the Garey Road which links Churchtown with the Jurby Road. However, the current applicants have undertaken a significant planting scheme (tree planting also) in the last few years,; along the main access to the site, along the roadside boundary (Jurby Road) and additional planting throughout the site. In time this planting will likely reduce the appearance of the buildings, especially form the Jurby Road. - 1.5 Since the approval of PA 14/01257/B, a further application (19/00122/B) was approved for the improvement of the access onto the Jurby Road, by way of increasing visibility splays. Additionally, the speed limit along this section of the Jurby Road has been reduced from being derestricted to 40mph.
2.0 PLANNING POLICY - 2.1 The site lies within an area of "white land" on the Town and Country Planning (Development Plan) Order 1982 that is, not designated for development. - 2.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies which are considered materially relevant to the assessment of this dwelling: - 2.3 Strategic Policy 1 states: "Development should make the best use of resources by:
2.4 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
(Housing Policies 7, 8, 9 and 10);
value and interest; (Housing Policy 11);
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;
provision of necessary services;
forestry;
and for which there is no reasonable and acceptable alternative; and
2.5 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 2.6 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
2.7 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 2.8 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."
3.0 THE PROPOSAL - 3.1 The application seeks approval for additional use of various building in the site and extend the opening hours from 7.30am till midnight. It should be noted that the applicants application have quoted the Use Classes from the 2012 Order, rather than the recently adopted Use Class Order 2019. As the application was submitted before the 2019 Order came into operation, it must be determined on the basis of the 2012 order, which set out the following Use Classes:
3.2 The following additional uses are proposed in the relevant buildings: Main Film Studio Building - 3.3 Current Uses - Sound Stage, Community, exhibition conference, events, meeting area and training centre. With the exception of the sound stage (filming), the remaining uses are condition to be at certain hours of the day and limits the days throughout the year such uses can occur (please see history section of this report to see conditions listed). It should be noted that some of the uses initially proposed have been omitted following concerns of the Department and permission was necessary required.
3.4 Proposed additional uses Light industry and Research & Development (excluding light industrial); and - 3.5 The applicants initially sought Food & Drink and Storage or distribution to be included. However, the department had concerns of the while Main film study being used as a restaurant and a Storage or distribution raise concerns (given the size of the building) that this may result in larger companies using the space and more likely to operate HGVs form the site, which has previously been refused. Accordingly, the applicants withdrawn these two requests. It should be noted the applicants only sought the Food & Drink use, not because they wished to operate a restaurant, but to serve food for their events. However, it is considered that the "events" uses which they already have permission for would include the ability to people to eat food and drink (i.e. weddings, corporate events etc) and therefore doesn't need permission. - 3.6 Building referred as "Babbages" which is to the north and attached to the main film studio building. - 3.7 Current Uses - At ground floor level - Community, exhibition, conference, events, meeting area and training centre. Further small individual offices (current leased to small individual business) and the café/kitchen area (former canteen) which currently only serves employees on-site. At first floor level there are two rooms, one used as the original hair, make up and laundry and the second used as a conference, meeting area and training room.
3.5 Proposed additional uses - Food and drink, financial and professional services, offices at ground floor and at first floor financial and professional services and offices. The main difference is the applicants wish to be able to have non-workers on the site (i.e. members of the public) to visit the existing café that is currently located at the ground floor of the "Babbages" building. Existing two storey office block with attached small sound stage/workshop. - 3.6 Current Uses - At Ground floor and first floor the office building is used as offices, varying in open plan and individual rooms which are used by the applicants own companies. The small sound stage/workshop building which is an open plan single floored building which can be used as a sound stage/workshop, but also as an exhibition, events, meeting and training room. - 3.7 Proposed additional uses - For the current office building and the small sound stage/workshop building it is proposed for the following additional uses; financial and professional services, office, Research & Development, and Storage or distribution. - 3.8 It is perhaps important to note the background of the applicants business 'ZipAddress Ltd', which is the holding company of the 'AFD Group' (AFD Software Ltd, AFD Design, Friends and Heroes Productions Ltd, Friends and Heroes LLC, Jellyfish One LLC, Bloom Media, Isansys Ltd and Spring Harvest Holidays Ltd). The company also owns, maintains and manages a variety of commercial and residential properties for use by Group companies and/or staff members within the IOM and the UK. - 3.9 The applicant's website (Mountain View Innovation Centre - name of complex https://www.mvic.im/) describes the aims of the site area: "We're all about nurturing innovation at Mountain View - not only sharing physical space with fellow businesses, but providing a creative environment in which to turn good ideas into successful enterprises in a stimulating, supportive environment. We're also all about Community - the Community of the people who work here, but also the community in which we live - so our facilities are equally available to churches, charities and community groups. Whether you're a mall start-up business, need more space for growth, need a suite of offices in which to flourish - or just want to hold your meeting or event at Mountain View, why not join us." The companies are largely technology and media based.
3.10 The AFD Group relocated its existing technology business from Scotland to Ramsey in 1997, and has continued to grow since then. The company has occupied 3 sites in Ramsey as it has grown and expanded, and in 2016 gained planning approval to relocated to Mountain View where they have upgraded the site throughout (repaired buildings, upgraded car parks, access road, significant tree planting and landscaped, installed solar panels etc).
4.0 PLANNING HISTORY - 4.1 There are a number of previous planning applications associated with this site; however, only the following are considered relevant in the determination of this application: - 4.2 Alterations to existing sod bank to improve vehicular access visibility - 19/00122/B APPROVED - 4.3 Change of use of a sound recording studio to a childrens day nursery - 18/00206/C APPROVED - 4.4 Additional use of Film and Animation Studio and ancillary facilities as commercial offices for Technology Companies, and as Civic and Community Halls, Exhibition Halls, Conferences and Training Centres and upgrade of existing private road. - 14/01257/B - APPROVED subject to the following 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.
Reason: To improve the residential amenities of nearby properties and improve the visual amenities of the landscape.
4.5 PA 11/01061/C - Change of use of existing film studios to warehousing/light industrial Refused 20th September 2011 for the following reasons:
"R 1. The film studio development which currently occupies the site was originally allowed as an exception to policy in the late 1990s. It is considered that there is insufficient evidence to demonstrate that there is no longer a need for such facilities and as such, there is no justification for approval of a development which would otherwise be unacceptable on this site. The policy to permit development outwith those areas designated for development on the basis of the site being previously-developed (General Policy 3c of the Strategic Plan) requires existing use to be redundant. The Committee is not satisfied that this site is redundant for its originally intended purpose.
It is very likely that the width and construction of the access lane would have to be increased, this increasing the visual impact of the site as viewed from the A13 and the appearance of parked vehicles, particularly HGVs may well increase the visual impact of the site as viewed from further afield - from the Garey Road and the A3 TT course. The situation regarding car parking is not clear and it is likely that the existing area of hard standing would need to be increased, potentially encroaching into the flood risk area and increasing the potential for flood risk through increased rates of flow from larger areas of hard standing.
As such, it is not accepted that the development would satisfy General Policy 3 and as such there is no justification for the proposed development.
4.6 PA 02/02070/B - Amendments to previously approved film studio complex including car parking provisions, access drive, landscaping details and the siting of workshop and offices Status - Approved at Appeal 29th July 2004 - 4.7 PA 00/02206/B - Erection of film studio, workshops, toilet block and MEA substation APPROVED - 4.8 PA 99/01402/B - Erection of portal frame building to replace existing unit to be used for film purposes, Baldromma, Jurby Road, Lezayre - APPROVED - 4.9 PA 97/01102/C - Change of use of two barns for film animation studio and associated workshops, Baldromma Farm, Jurby Road, Lezayre - APPROVED - 4.10 PA 97/02051/B - Erection of sound recording studio at Baldromma Farm, Jurby Road, Lezayre - APPROVED - 4.11 PA 97/02053/A - Approval in principle for erection of building for film studio, Baldromma Farm, Jurby Road, Lezayre - APPROVED - 4.12 PA 98/01151/B - Construction of portal frame building for use as film studio and upgrading of existing buildings for ancillary use, Baldromma Farm, Jurby Road, Lezayre REFUSED - 4.13 PA 98/01606/B - Construction of portal frame building for use as film studio and upgrading of existing buildings for ancillary use, Baldromma Farm, Jurby Road, Lezayre APPROVED
5.1 Lezayre Parish Commissioners have recommended an approval (30.01.2020). They however, do not agree with allowing the use class 6 (Storage or Distribution) as this would bring more traffic, possibly larger vehicles to the site; note applicant's wish to extend hours of operation does this mean Condition 5 of the original approval (PA 14/01257/B) need to be changed and also will the courts have to issue a licence to midnight?; and will Condition 6 need to be looked at too?
5.2 Highway Services do not object (10.01.2020). - 6.0 ASSESSMENT
6.1 It is considered there are a number of key issues which need to be considered when determining the application, these include; Principle of proposed additional uses on the site; potential impacts of neighbouring amenities; and potential highway safety issues.
Principle of proposed additional uses on the site Main Film Studio Building
6.2 Current Uses - Sound Stage, Community, exhibition conference, events, meeting area and training centre.
6.3 Proposed additional Uses Research & Development (excluding light industrial). The applicants also wish to extent the opening hours from 0730hrs till 0000hrs. Currently the hours are 0900hrs till 2230hrs.
6.4 As outlined in par 3.5 of this report there was initial concern of the whole building being used for Food & Drink and Storage or Distribution. As it turned out the applicants didn't want a restaurant, just to be able to serve food at events. However, it is considered this could be undertaken under their existing permission. The concerns outlined by the Commissioners of the use of the building as Storage or Distribution is shared and the applicants have confirmed they no long seek permission for this use in this building. Accordingly, the only additional use is the use of the space for research and development. This raise no concerns. Additionally, extending the hours again raise no concerns. The fact no private objections have been received gives comfort that the existing uses of the site has not been causing concern. Building referred as "Babbages" - 6.5 Current Uses - At ground floor level - Community, exhibition, conference, events, meeting area and training centre. Further small individual offices (current leased to small individual business) and the café/kitchen area (former canteen) which currently only serves employees on-site. At first floor level there are two rooms, one used as the original hair, make up and laundry and the second used as a conference, meeting area and training room. - 6.6 Proposed additional uses - Food and drink, financial and professional services, offices at ground floor and at first floor financial and professional services and offices. The main difference is the applicants wish to be able to have non-workers on the site (i.e. members of the public) to visit the existing café that is currently located at the ground floor of the "Babbages" building. The applicants also wish to extent the opening hours from 0730hrs till 0000hrs. Currently the hours are 0900hrs till 2230hrs. - 6.7 At ground floor the main change would allow non-workers on the site to visit the café. There are also a number of small individual officers which are currently leased to companies (start-up). Currently these can only be used as offices for the business while the additional uses would allow financial services and professional services for these small business. Again no concerns are raised by the proposals and would give greater flexibility to the applicants, provide good quality space for new/small businesses and provided café facilities for not only the workers on the site, but also visitors and members of the public. Again the new hours raise no concern. Existing two storey office block with attached small sound stage/workshop - 6.8 Current Uses - At Ground floor and first floor the office building is used as offices, varying in open plan and individual rooms which are used by the applicants own companies. The small sound stage/workshop building which is an open plan single floored building which can be used as a sound stage/workshop, but also as an exhibition, events, meeting and training room. - 6.9 Proposed additional uses - For the current office building and the small sound stage/workshop building it is proposed for the following additional uses; financial and professional services, office, Research & Development, and Storage or Distribution. - 6.10 Perhaps, the only concern with the new uses is the Storage or Distribution, namely the use of the small sound stage/workshop building. In this case the concern is far less than if the Main Film studio was used, namely given the size difference. The small sound stage/workshop building is approximately the same size as a small industrial unit, which generally are served by smaller vehicles and vans, rather than HGVs. Accordingly, it is not likely that HGVs would operate from this unit. Again the new hours raise no concern. - 6.11 Overall, it needs to be understood that if an application where received for a new building/s within the countryside for the current and proposed uses, it is very likely the Department would resists such a applications; given the majority should be within a town centre. However, the Former Film Studio site is unique on the IOM, which was granted
permissions as an exception to help grow the film industry on the Island over 25years ago. Unfortunately, in recent times this demand significant reduced and while the site can still accommodate film making, it was accepted during the previous application (14/01257/B) that the amount of film making was not at a level to make the site sustainable. DfE (formerly DED) previously indicate that it is useful that a large sound stage remains available for filming hire, but the studio facilities would benefit from more flexible usage to ensure sustainability and therefor by diversifying the site, it will help protect and retain the studios and improve the condition of the entire site in the future. Therefore, while the existing and proposed uses would not normally allowed out of towns/settlements, the fact remains there are substantial buildings within a countryside location (albeit on the outskirts of Ramsey) and as previously considered under the previous application (14/01257/B) that a more flexibility of uses on the site was acceptable, it is considered the additional flexibility for the new uses are also acceptable as is the additional hours
Potential highway safety issues
6.12 Since the original approval, the access to the site onto the main road have been improved to give a greater level of visibility. Further the speed levels have been reduced from derestricted to 40 or 50mph. - 6.13 Highway Services have consider the proposed additional uses and have raise no objection. - 6.14 Parking provision is provided via existing hardstanding (recently been improved with the laying of tarmac) throughout the site, generally around the buildings. There is space around the site, if additional parking was needed. - 6.15 Overall, it is considered the proposals would be acceptable to highway safety to all road users. Other matters - 6.16 The Commissioners raise an issue with the previous attached Conditions 5 & 6. In relation to Condition 5 this relates to the opening hours, which as outlined in this report is considered acceptable and this approval would allow for the hours to be extended. A condition should be attached to any approval. In relation to Condition 6, this restricts the amount of Civic and Community Halls, Exhibition Halls, Conferences and Training Uses within the Film Studio Workshop and Sound Stage Building (including the canteen building); to no more than 8 days per month with a maximum duration of 5 consecutive days in a month for one event. Furthermore, only one activity may take place within these buildings at any one time, unless the activities are associated with each other. These periods of use do not apply if the existing buildings are being used for the purposes of the making and/or production of films. This application does not proposed to alter this. Should in the future the applicants which to extent the days when such uses could occur, they could make a further planning application to vary the condition. It should also be noted that the new proposed uses (2 Financial and professional services, Food & Drink, Offices, Research & Development & Storage and Distribution) are in the main not affected by Condition 6. It should also be noted that the allowance of the café within the Babbages building for use by members of the public is not is also not affected by the restrictions of Condition 6 as people using it would be classes as a café (Use Class 3) rather than one of the allocated events etc.
7.1 Overall, it is considered the proposed additional uses and additional hours of operation (namely for the events, training, conference uses) would be acceptable and would not have any significant impacts upon public or private amenities and therefore comply with the relevant planning policies referred to within the IOMSP. It is recommended for an approval. - 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:
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:…13.07.2020
Signed :…………S CORLETT………….. 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
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