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20/00412/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00412/B Applicant : Akela Pet Foods Ltd Proposal : Installation of roof solar panels and additional use of warehouse / storage (class 2.4) to allow pet food development Site Address : Unit 6 Cooil Smithy Isle Of Man Business Park Douglas Isle Of Man IM2 2QA
Planning Officer: Mr Paul Visigah Photo Taken :
Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 18.06.2020 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 and the (Change of Use) (Development) (No. 2) Order 2019 (or any Order revoking and/or re-enacting the Orders with or without modification) no retail development shall take place on the site other than the sale of pet food which has been manufactured on site.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use proposed and this use only is approved and other uses, either within the same Use Class, or permitted by the Town and Country Planning (Use Classes) Order 2019 and the (Change of Use) (Development) (No. 2) Order 2019 would require further consideration.
This application has been recommended for approval for the following reason. Overall, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with GP2, Business Policy 1 & 5, Environment Policy 22 and Energy Policy 4 of the Isle of Man Strategic Plan 2016.
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20/00412/B Page 2 of 8
Plans/Drawings/Information;
This decision relates to the Supporting Letter, Drawing numbers 1877-01, 1877-02, 1877-03 and 1877-04 date stamped and received 16 April 2020. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE SITE 1.1 The application site is Unit 6, Cooil Smithy, Isle of Man Business Park, Douglas, which is a recently completed building block, situated on the north eastern side of Cooil Road opposite Ballapaddag industrial operation and within a development of 12 other units to the south of the Former Cooil Smithy site.
1.2 The unit is within Block A in this development, which is limited to industrial or warehouse/ distribution use as approved under PA13/91117/B. Block A provides 6 units in total, 6 of which have similar floor area while units 4 and 5 have larger floorspace. The application unit has a floorspace of 1690sqft (157sqm) and have three parking spaces associated with and available to it, situated directly in front of the unit.
1.3 Given the above use for the site, the application property is classed as general industrial and storage (Classes 2.3 and 2.4).
THE PROPOSAL 2.1 This application seeks approval for installation of roof solar panel and additional use to allow pet food development. This proposal is for the production of frozen complete raw pet food and would involve some retail of the finished product at the production facility. As such, the proposal will involve:
i. Additional use of industrial/storage unit to allow raw pet food development ii. Installation of mezzanine floor. This mezzanine floor will have a floor area of 99.3sqm and will serve as additional storage space and a canteen 4.5m x 4.9m (22.05sqm). iii. The installation of 56 solar panels to roof. The solar units will be JA Solar 340 watt solar panels with size 1689 x 966. iv. The subdivision of the existing ground floor to create two freezer rooms, a kitchen, consulting room, office and W.C, and the general area.
2.2 The applicants have explained that they currently distribute dry kibble and wet tinned complete working dog foods across the island and further afield through its website. They further stated that consumers would be able to pay online and collect their order from the warehouse. This element would fall under Use Class 1.1.
2.3 The supporting information also indicates that the applicants plan to go into business with Manx Canine who currently manufactures frozen complete raw pet foods and the plan is to move their DEFA approved facility to application site. It is noted that the manufacture of frozen complete raw pet food involves mincing, mixing and packaging human grade raw meats at low temperature. The applicants indicate that there are no smells involved as nothing is cooked and there are no waste as everything is minced and frozen. This use falls under Use Class 2.3 which is the approved use for the facility; therefore this element of the proposal will not be assessed.
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PLANNING POLICY 3.1 The site lies within a site designated on the Braddan Local Plan of 1991 as an area where a master plan for the development of the site should be formulated to incorporate a mix of uses including residential, industrial, science based industry and a secondary school. The area was the subject of applications (PAs 89/04166, 90/04155) for the development of residential development at the northern edge and for a business park on the remainder of the site which includes some retailing (cars, carpets, timber and building products), Douglas Corporation's waste management headquarters, training facilities (Restart and Red Cross), and corporate headquarters (Manx Telecom, MEA, Celton Manx, Royal London). Planning approval was granted for the erection of the application building under PAs 13/00555/B and 13/91117/B as industrial and / or warehousing & distribution units.
3.2 The development should therefore accord with the following policies in the Strategic Plan: 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:
(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 adverse effect on road safety or traffic flows on the local highways".
3.3 Parking provision should be made on the basis of 1 space per 50 sq m of industrial space and 1 to 100 sq m of storage and distribution in accordance with the Strategic Plan Appendix Seven.
3.4 The definition of industrial uses as contained in Section 9.2.3 of the Strategic Plan would be vital in the assessment of the application given the proposed use of the unit.
9.2.3 Industrial buildings are defined as follows:
"industrial building" means a building (other than a building in or adjacent to or belonging to a quarry or mine and other than a shop) used for the carrying on of any process, for or incidental to any of the following purposes, namely:- a) the making of any article or of part of any article; or b) the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or adapting for sale, or breaking up or demolition of any article; or c) without prejudice to the foregoing paragraphs, the getting, dressing or treatment of minerals; being a process carried on in the course of trade or business other than agriculture, and for the purposes of this definition the expression "article" means an article of any description, including a ship or vessel. Such buildings are sub-divided into light industrial, general industrial and special industrial buildings, each defined as follows: "light industrial building" means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles; the use of light industrial buildings for research and development of products or processes is permitted by the Town and Country Planning (Permitted Development) Order 2005. "general industrial building" means an industrial building other than a light industrial building or a special industrial building;
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"special industrial building" means an industrial building used for the carrying on of processes (including storage) which may be particularly offensive by reason of noise, smell, vibration, smoke, soot, ash, dust, grit, or fumes, or dangerous by reason of the storage or use of dangerous or inflammable material, or inimical to public health by reason of vermin or other causes. Many I.T. and e-businesses successfully operate in the new generation of industrial buildings. At the same time many operate successfully in standard office environments or even heritage buildings. In planning terms the principal distinction is between those enterprises that manufacture physical products and require production, packaging and distribution space and those enterprises whose products, as such, do not have the same processing requirement. In most cases the former enterprises can be located in appropriate industrial estates or business parks(1) in a range of different buildings. In the latter, office type accommodation may be now appropriate.
3.5 Business Policy 1 (BP1) states that 'the growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan'.
3.6 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.
3.7 Environment Policy 22 (EP22) states that 'Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of...iii) vibration, odour, noise or light pollution'. Within paragraph 7.17.1 it states that 'it is not the role of land use planning to duplicate controls which are the statutory responsibility of other agencies including other directorates within the Department of Local Government and the Environment'.
3.8 Development associated with renewable energy is referred to in the Strategic Plan as follows:
"12.2.8 The Department is fully supportive of the need to secure greater energy efficiency in new and existing development and has recently introduced additional energy efficiency requirements in the Building Regulations 2003. Energy efficiency and the use of renewable energy sources are covered in General Policy 2(m) of the Building Regulations. At the same time the Department recognizes that renewable energy sources can have adverse environmental impacts. The idea of a wind turbine Installation is currently being investigated and considered by the Manx Electricity Authority. Any feasible site is likely to be exposed and have considerable visual impact. There may also be other impacts such as noise. On a smaller scale, the popularity of domestic wind turbines has been increasing in recent years in response to rising energy prices and increasing awareness of climate change. Planning applications for domestic wind turbines are unlikely to require the submission of an Environmental Impact Assessment. The Department will assess any proposals for wind turbine installations by weighing the benefits of using such renewable energy sources against the environmental impact arising in any particular site. It is likely that the visual impact would be less detrimental on a coastal site than on a rural or upland one".
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Accordingly:
Energy Policy 4: Development involving alternative sources of energy supply, including wind, water and tide power, and the use of solar panels, will be judged against the environmental objectives and policies set out in this Plan. Installations involving wind, water and tide power will require the submission of an EIA."
PLANNING HISTORY 4.1 Under PA 13/91117/B approval was granted for the Erection of fourteen industrial and / or warehousing & distribution units (Amendments to PA 13/00555/B).
4.2 PA 20/00324/C for Change of use from storage, distribution, and general industrial use (Classes 2.3 and 2.4) to include additional retail use (class 1.1) Unit 14 Cooil Smithy Isle Of Man Business Park Douglas - Refused The Reason for refusal is stated thus: The proposed ancillary retail use (Class 1.1.) would be contrary to the land use zoning on the Braddan Local Plan 1991 and specifically Policy 2.4 and 2.5 due to the retail proposed being conducted from an industrial unit.
The proposed use is also contrary to Strategic Aim 9 which states that all new retailing must be sited within a town or village centre which has been zoned as such.
The proposed use is contrary to Business Policies 5, 9 and 10 of the Isle of Man Strategic Plan 2016 which are all in place to direct retailing development to town centres where the proposed retail could be reasonably sold from within a town centre location, or due to their size and nature from an area zoned as industrial use.
The proposed items for sale can be sold from within a town centre location, of which there are several sites on the Island where this is already done.
4.3 PA 17/00763/C for Change of use from Industrial, Warehousing and Distribution to Class 2 (a) (Insurance broker) - Refused
Reasons for refusal:
The proposed Class 2(a) use would be contrary to the zoning of the land on the Braddan Local Plan 1991, contrary to Business Policy 5 of the Isle of Man Strategic Plan 2016, which states that on land zoned for industrial use permission will be given only for industrial development or for storage or distribution, and also contrary to the Employment Land Review of 2015 and supplement of 2017, which identified a shortage of land for employment development in the East, which has not subsequently been rectified by the allocation of additional land. The proposed Class 2(a) use would result in an unacceptable reduction in the potential supply of buildings for industrial use in the East of the Island.
The proposed Class 2(a) office use in this location is contrary to Strategic Policy 9 and Business Policy 7 of the Isle of Man Strategic Plan 2016.
The amount of parking available to the proposed use represents a significant shortfall relative to the requirement (3 spaces exist against 8 that are needed). In the absence of a clear justification as to why a relaxation in standards should be allowed, or a reasonable alternative parking provision, the development is contrary to parts (h) and (i) of General Policy 2 and to Transport Policy 7 / Appendix 7 of the Isle of Man Strategic Plan 2016.
4.4 PA 15/00686/B for Construction of mezzanine floors in both units, Unit 4 & 5 Former Cooil Smithy Site Isle Of Man Business Park Douglas - Permitted
REPRESENTATIONS
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Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in a letter dated 13 May 2020.
5.2 Braddan Parish Commissioners indicate that they have no objection to the application in a letter dated 5 May 2020.
ASSESSMENT 6.1 The key considerations in the assessment of this application are the principle of the development, the impact on the operation of other businesses in the area, and the impacts on parking and highway safety. Another issue to be assessed is if the proposal has any adverse environmental impact and if so, if the environmental benefit of renewable energy outweighs this. The additional use of the facility to allow pet food development is not assessed within this report since the development falls within the approved use class for the facility.
6.2 The principle of development
6.2.1 The area is designated as 'Mixed Use', albeit the building which is the subject of the application was granted approval for industrial, warehousing & distribution, with the proposed processes and activities to be carried out classed as industrial, storage and distribution. Therefore it is considered that the principle of the proposed development accords with the aforementioned policies in the strategic Plan and is acceptable. Whilst the proposal would involve some retail, this would be acceptable given that the retail aspect would be for products produced on the site and the sale would not reasonably be severed from the overall business given that the site serves as the production and storage facility for the product and only a limited number of clients who have purchased the products online would collect the product from the site. However, conditions would be attached to ensure that there is no deviation from the original intent of the development.
6.3 Impact on neighbouring businesses
6.3.1 The operation of neighbouring commercial business is not likely to be impacted. This is hinged on the fact that the area has been designated for the proposed use as it accords with the area designation and as such it is not considered that the manufacturing propcess would impact on neighbouring businesses.
6.4 Parking and highway safety
6.4.1 The current access would remain as is, servicing not only the site but the wider industrial estate and as such, it is considered that this access is sufficient to cope with any additional demand generated by the dog food manufacturing which would be a new addition to the industrial estate, particularly during the morning and evening rush hour periods. Based on the foregoing, it is considered that there is sufficient road capacity to support the proposed development.
6.4.2 Another issue that required thorough consideration is whether the additional floor area will generate an increased demand for car parking which cannot be satisfied within the site and where such overspill would create difficulties for the adjacent highway network. The additional floor area should result in a requirement for an additional parking space given that a significant proportion of the new floor area would be used as storage for the unit. However, there are no opportunities for additional car parking to be provided within the immediate area as all possible parking was provided when the buildings were originally designed. Whilst there would be no opportunities to increase parking to match the increase in storage space, it is noted that 48.5 sqm plus 31sqm of the existing floor area would be used as office/consulting room and kitchen
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respectively; a layout that would significantly reduce the total floor area available for storage. As such, it is not considered that the application would result in the need for additional parking beyond what is currently provided to serve the unit.
6.4.3 The fact that the business also allows online shopping via its website with clients able to purchase items and get them delivered to their locations would limit the need for travel to the facility and in turn reduce the demand for client shopping at the facility.
6.5 Environmental Impacts of Solar Panels
The installation of the solar panels at the site is not considered to have any adverse impacts on the application property or the locality and will accord with the general support given to the introduction of renewable and alternative energy sources as set out in the Strategic Plan, and is not required to provide an EIA. Their introduction here is expected to help contribute to the overall operation and energy efficiency of the property which is situated within a facility. In this respect the proposal is considered to comply with paragraph 12.2.8 and Energy Policy 4 of the Strategic Plan.
6.6 Assessment of Retail
6.6.1 The applicants have indicated that customers will have the option of paying online and collecting ordered products from the warehouse on site, which would constitute some form of retailing. This is, however, not considered to be of detriment to the application site or the area given that only products manufactured on the application site can be sold to clients. This conforms with Business Policy 5 (b) which clearly states the conditions under which permission will be given for retailing of products manufactured on site within land zoned for industrial use.
CONCLUSION 7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
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 above who should be given Interested Person Status __
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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 : 02.07.2020
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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