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20/00671/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00671/B Applicant : Mr Andrew Crompton Proposal : Conversion of industrial unit to provide ground floor storage (class 2.4) and first floor fitness studio (class 4.4) Site Address : Unit 38 Balthane Park Balthane Ballasalla Isle Of Man IM9 2AX
Principal Planner: Miss S E Corlett Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 13.08.2020 __
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.
This application has been recommended for approval for the following reason. The application is considered to be acceptable and not be in conflict with the relevant policies of the Strategic Plan as it would create an opportunity for employment which the unit would otherwise not do, it would provide opportunities for recreation which the Strategic Plan supports, the location is sustainable in terms of its proximity to local populations and to public transport and there is no evidence that there is a shortage of opportunities for industrial floorspace that could not be met in existing or potential industrial buildings and the uses would not be incompatible with adjacent land uses.
Plans/Drawings/Information;
This decision relates to the drawings P/03 and P/04 and the site and location plan all received on 29th June, 2020. __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject
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matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
the owners of units 33 and 37, Balthane Industrial Estate as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (2020). __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS PART OF THE USE CONFLICTS WITH THE LAND USE DESIGNATION AND AS SUCH COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN
THE SITE 1.1 The site is one of a row of industrial units which sit at the northern end of Balthane Industrial Estate using the first turning on the left as one enters the industrial estate, past Athol Garage car sales and past a number of similar industrial units built over the past 15 years or so. Most of the units are used for industrial or light industrial purposes other than D22 which has permission for use as a dog grooming facility (18/00127/C),
THE PROPOSAL 2.1 Proposed are physical changes to the building in the form of the introduction of a window in the front elevation, one in the rear and three in the side all at first floor level to serve a proposed mezzanine level which adds a further 117 sq m of floorspace as indicated by the green dashed line on the "ground floor plan as proposed" which it is assumed refers to the proposed first floor. Also proposed is the change of use of the building from industrial (incorrectly referred to as "commercial" on the application form) to a fitness studio on the first floor and the ground floor as self storage in the form of ten units - six 4.4m by 1.8m and four 2.35m by 3.5m with a toilet at one end of the ground floor.
2.2 The applicant describes the fitness studio as accommodating ten people plus the instructor with peak attendance being between 1800hrs and 2000hrs when they suggest other traffic in the area will be minimal and the sessions being 45 minutes to an hour with one to one and two to one personal training sessions running throughout the day. They state that there are five parking spaces available within the site.
2.3 The applicant suggests that the self storage element of the business will require very little in the way of parking provision as vehicles will only be present for the short time it would take to load and unload and would not be left unattended. They foresee the facility being mostly used by self movers with a hired van and mostly at weekends and they do not intend to provide vehicle storage in the forecourt. They suggest that the fitness studio will require short term parking with sessions one hour maximum and group sessions running in the evenings. They consider parking is unlikely to be an issue as customers are likely to lift share, cycle or travel by bus and there is the option to park on Ballahick Road which they consider is sufficiently wide and their intended peak times coincide with the area's quieter times.
2.4 The applicant adds on 23.07.20: "I think I hadn't made it clear enough that the fitness studio will only offer pre paid group sessions so we haven't got the issues that a normal gym would have with members turning up and leaving all at different times. Hopefully the attached will help, please let me know if I can provide anything else that will help" and provides photographs of the area at 1800hrs showing available parking.
2.5 He adds on 08.08.20, having seen the objections from other unit owners, "The feeling seemed to be that we were planning a full on Gym with members turning up on an ad hoc basis and utilising other owners spaces out of hours. This may have been attributable to poor wording on my part whilst trying to demonstrate the minimal traffic impact out of hours."
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2.6 The fitness facility is already operating elsewhere and the operator advises that "Currently for the larger classes there are people who drive, walk, run and car share most live in Castletown or Ballasalla and they will all be arriving and leaving at roughly the same times. It's on a major bus route with Approx 4 busses per hour going each way past the site during the early evening and easily accessible from the bus stop too" (20.07.20).
2.7 Whilst not directly relevant, it is understood that the proposed instructor and operator of the fitness classes was recently operating as one of a series of instructors, in Castletown but has recently left and wishes to operate premises of her own. The Castletown gym, it is understood, continues to operate.
PLANNING POLICY 3.1 The site is designated on the Area Plan for the South (2013) as Industrial. The proposed use involves the use of the premises for fitness and personal training which does not comply with the prevailing land use designation.
3.2 The proposal results some external change which would necessitate the consideration of General Policy 2 in respect of the impact of such changes on the appearance and character of the area but the critical Strategic Plan policies are GP2h and i which deal with car parking and highway safety and this is further clarified as follows:
"9.2.7 Where industrial development is proposed, it is essential that all parking and manoeuvring by vehicles which will be generated by the use of the site can be accommodated within the site and off the highway. This is particularly important within industrial estates where lack of parking and manoeuvring space can create significant difficulties for other estate users, particularly where the use of large and articulated vehicles is involved. Where mezzanine levels are proposed after a building has been completed, the Department may require more parking space to accommodate the additional traffic which would be generated."
3.3 Also, "Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
3.4 Appendix 7 "It is essential therefore that any applications for industrial development can demonstrate that there is sufficient off street parking provided within the application. A general policy of one space per 50 square metres of nett will be required with additional space for manoeuvring where larger vehicles may be using the site, although an increased standard may be needed for uses which generate a high level of traffic, including light industrial and research and development businesses. Storage and distribution is generally less labour intensive and will require one space per 100 square metres. Where mezzanine levels are proposed after the buildings have been completed, the Department may require additional car parking if additional levels of use would result from the additional space proposed."
3.5 Parking standards are set out in Appendix 7 as follows for industrial development:
Light industrial, research and development 1 space per 30 square metres nett floor space. General industrial 1 space per 50 square metres gross floor space. Storage and distribution 1 space per 100 square metres gross floor space
3.5 The Strategic Plan contains a number of policies on employment and industrial use, the following of which are considered relevant:
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.
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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.
3.6 Finally, the Government carried out a study into the availability of employment land on the Island. The Review, in 2015 reported that land for employment uses ((industrial, light industrial, storage & distribution, offices) should be carefully monitored to ensure that continuing demand for such floorspace, particularly in the south and east can be accommodated. It, like the Area Plan, identifies issues at Balthane with the quality of land available and where higher quality, technology and business park uses would be directed more to Ronaldsway. There is a significant amount of land designated but not developed for industrial use and development in and around Balthane.
PLANNING HISTORY 4.1 Planning approval for this building was granted in the 2000s. Planning approval has been granted for a dog grooming business further along the new units opposite Athol Garage and also in Harmat Court, both in Balthane. Other units within this area have been approved for storage as well as industry (19/01108/B) but this block was not (18/01110/B).
4.2 Elsewhere, planning approval has been granted for dog day care/dog grooming (19/00533/C at Head Road Douglas, 18/00799/B, 18/00127/B at Balthane, 18/00011/B at Demesne Road, Douglas, 17/00842/C at Mill Road in Peel and 16/00911/C at Snugborough in Braddan). Also, sporting and recreation uses have been approved in industrial areas - 11/00845/C for a climbing facility at Middle River, Douglas and the following have approval as gyms - 17/00735/C at Gladstone Park in Ramsey, 16/01386/C at The Shipyard in Ramsey, 15/00265/B and 13/00633/B at Demesne Road in Douglas, 13/00334/C at White Hoe, 12/01532/B at Spring Valley and 12/00964/C at Kirby Farm industrial estate in Braddan. Finally, planning approval was granted at Ronaldsway Industrial Estate for a snooker/pool/billiards centre under 19/00458/C.
4.3 Most recently, planning approval has been granted for the conversion of industrial units in Hills Meadow, Douglas to a martial arts and a boxing gym (19/01075/C and 19/01146/C) and for the change of use of a former dairy, now storage unit in Ramsey to a gym (19/01047/C).
REPRESENTATIONS 5.1 Malew Parish Commissioners confirm they have no objection to the application (05.08.20).
5.2 Highway Services initially expressed an objection as insufficient information had been provided to demonstrate the available parking, however, they later revise this position following the submission of further information, and do not object, explaining that the self storage is to operate without a staff presence and the fitness classes in the daytime will have one member of staff with fewer than four users at any one time, potentially travelling in two vehicles. In the evenings there will be more attendees but again, some vehicle sharing may occur. They conclude that there should be sufficient car parking in the area in advance of the roller shutter doors being used although some overspill may occur in the evenings but when daily uses are decreasing and there should be adequate capacity on-street to accommodate users without affecting nearby businesses (20.07.20 and 28.07.20).
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5.3 Two objections have been received from the owners/tenants of nearby units (33 and 37), both expressing concern at the impact on parking, with potentially, their properties being used for car parking (27.07.20 and 07.08.20). Following discussions with the owners of these units, the applicant has advised that the objections have now been withdrawn and has provided written evidence of this (13.08.20).
ASSESSMENT 6.1 It is relevant to state at the outset that internal alterations including the provision of additional floorspace do not constitute development as stated in the Town and Country Planning Act 1999 Section 6(3). As the proposed mezzanine is for a non-approved use, permission is required both for the mezzanine itself and the proposed use. Similarly, the internal re-arrangement and internal subdivision of the ground floor does not need planning approval although storage does not fall within the definition of industry so would require planning approval.
The proposal introduces a non-industrial use in an industrial area and as such, it is relevant to consider whether the use would result in an unaccceptable impact on the availability of industrial floorspace, having regard to the Strategic Plan policies and the Employment Land Availability Study. It is also relevant to consider whether the proposed use, which also involves the creation of additional floorspace, would have an acceptable impact on highway safety and car parking, bearing in mind the conditions of other occupants of the industrial units in the vicinity.
Loss of industrial land 6.2 It is relevant that the non-industrial element of this proposal is on space which is not already in situ so it cannot be considered to result in the loss of industrial land. Even so, it is a relatively modest amount of floorspace and it is clear from the approvals listed above that the non-industrial use of units in Balthane has been considered acceptable and that there is still considerable amounts of land designated for industrial purposes, should additional demand be apparent. The use of industrial units for fitness and recreation is not uncommon, again as illustrated above, due to the availability of parking compared with some town centre locations and the amount of space available within the unit, suitable for such purposes.
6.3 It is also relevant that Ballasalla is a recognised settlement (Service Village) in the hierarchy listed in the Strategic Plan where increased employment opportunities may be provided in relevant Area Plans, but despite a considerable amount of dwellings within the village, there are relatively few commercial and community facilities and many have little or no on-site car parking provision. As such, a hairdresser's facility was approved within Balthane as well as a cafe. The use of the ground floor as self storage will not result in employment but the fitness centre will.
Impact on highway safety and car parking 6.4 This is perhaps the most important consideration here as the units were not designed for uses which would attract groups of people at any one time. The general nature of industrial estates is that they are used predominantly during the day and on Saturday mornings. In this case the self storage is not likely to generate frequent visits nor people staying for long periods of time although when they do visit they will need to be able to park relatively close to the unit to collect and deposit items. It is not considered that the proposed self storage would result in unacceptable levels of traffic or parking which would be harmful to the locality.
6.5 The fitness studio is intended to be used during the day when there will be largely one to one sessions and the group sesssions will happen later in the evening. Whilst it would be possible to restrict the size of the classes at particular times, if the customers do not generate significant amounts of parking - either through the use of public transport, cycling or walking or car sharing, then the condition could be unduly onerous and unreasonable. As such, no such condition is proposed.
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CONCLUSION 7.1 For the above reason the application is considered to be acceptable and not be in conflict with the relevant policies of the Strategic Plan.
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. __
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: 24.08.2020
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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