DEC DEFA Officer Staement

Our Ref: 20/00925/B Your Ref:

Mr. A. Johnstone, Planning Appeals Secretary, Chief Secretary's Office, Government Offices, Buck's Road, Douglas, IM1 3PN.

Tel: (01624) 685910 Fax: (01624) 686443 Email:

Jennifer Chance, M.R.T.P.I. Director of Planning & Building Control 28th September 2020 Dear Mr Johnstone PA No: 20/00925/B Proposal: Additional use of existing fish processing plant as retail (class 1.1) Address: Unit 5, Isle Of Man Food Park, Mill Road, Peel, Isle Of Man, IM5 1TD

• 1.0 Preamble
• 1.1 The aim of this statement is to provide background information to the planning application, set out the relevant policies to consider in respect of the proposed development and make a recommendation.
• 1.2 The site is owned by the Department of Environment, Food and Agriculture which the Planning Authority is part of. As a result, the application must be considered by an Independent Inspector and the decision taken by the Council of Ministers under 10 (1) (b) of the Town and Country Planning (Development Procedure) (NO 2) Order 2013.
• 1.3 The Department has no other interest in the proposal.

• 2.0 THE APPLICATION SITE
• 2.1 The site represents the industrial curtilage of The Food Park, Fish Yard (Unit 5), Mill Road, Peel which is large estate located on the southern side of Mill Road and Peel Marina/harbour. This site sits about 6m to the west of a slightly larger industrial building (Unit 4) which abuts the rear of numbers 62 - 68, Patrick Street and 6 Glenfaba Road, although the rear boundary of the application site is situated about 46m from the rear boundary of the closest of these properties which is No. 6 Glenfaba Road. Access to the application site is via the main driveway which runs through the site to the southeast end (by Unit 10A) and connects unto Mill Road.
• 2.2 The car parking area for the facility is situated within the central area around the site access and there is parking in front of the unit like other units within the estate which accommodates 6 parking spaces, one of which includes parking for the mobility challenged (Disabled Parking).

• 3.0 PROPOSAL
• 3.1 The application seeks approval for the additional use of existing fish processing plant as retail (class 1.1).
• 3.2 The proposal would see a change of use of a section of the factory to a retail unit. This would involve the use of a vacant room within the fish processing plant which has a floor space of 28sqm. There would be no physical alteration to the external façade of the building beside the addition of a non-illuminated sign over the pedestrian access door on the south elevation which would serve as the customer entrance and retained Fire exit route.
• 3.3 The physical works on site would see the reordering of the hardstanding area on the site to include a clearly demarcated pedestrian route to doorway. This area would be painted as solid white line on concrete. Also, the existing hoarding on the site would be set back to enable vehicle sight lines, whilst a customer pickup point would be created directly adjacent the customer entrance, by the hoarding.
• 3.4 The supporting information provided by the applicant shows units and land marked in blue boundary which is within the ownership of the applicant (DEFA). These include units 12, 11, 4 and 1, and parking area situated northwest of unit 1, in addition to an area demarcated as plot 2 which is a future building plot.
• 3.5 The applicant has also provided additional information which includes the following:

• 3.5.1 Flood zone Information

• 3.5.1.1 General Guidance The IOM Seafoods would refer to the crisis management section of our HACCP. In the event of a flood at Unit 5 IOM Seafoods would use sandbags to divert the flood away from our premises in the first instance. Fire Marshalls/Supervisors would evacuate the buildings which are affected. All staff members and general public would be assembled at our Fire Meeting Point furthest away from the flood. In case of an emergency Manx Utilities would be contacted to attend and Fire Brigade would be called to pump out water. The building would be closed until it had been deemed safe to re-enter by relevant Authorities.
• 3.5.1.2 Outside No alterations are to be made to the ground level outside. All signage would be above ground and no structures would be added.
• 3.5.1.3 Inside All electric points are to be 1 metre above ground level. All fixtures and fittings are situated at the side of the room so as not to cause any obstruction. Fridge counters can be wheeled out of the unit if required.

• 3.5.2 Statement of operation

• 3.5.2.1 Opening Hours

• i. Mondays, Tuesdays, Thursdays, Fridays and Saturdays: 9am - 5pm
• ii. Wednesdays and Sundays: Closed

• 3.5.2.2 Staffing The shop will be managed by a shopkeeper and there are two fishmongers on site but they will be based in the fish processing room behind the shop. A shop attendant may be required depending on demand.

• 3.5.2.3 Customers The business expects between 10 - 30 customers per week day and an increase of 50-75% on Saturdays. The delivery service would be retained but if the demand becomes solely customer based, this service would cease.
• 3.5.2.4 Parking The two refrigerated vans will be parked at the rear of the factory to deal with retail customer deliveries only. Staff cars would be parked in the large staff car park. All spaces outside the shop will be for customers parking only.
• 3.5.2.5 Background The Business is the largest shellfish processor on the Isle of Man and is primarily wholesale to European and Korean retail customers. However, during the Covid-19 pandemic the business was unable to export product due to the markets crashing and countries shutting their borders.

A decision was made to promote the products locally to try and retain on-island sales and to keep the products moving. The new delivery service was launched on the 21 March, and the business now delivers fish to over 100 customers per week island-wide. Many of these customers had no awareness of the company prior to the delivery service launch.

Due to the sudden increase in demand, the business would like to open a retail unit within the Food Park to enable the continued promotion of the produce on island once the pandemic is over.

• 3.5.2.6 Other relevant information relating to the market requirements, overview of the business operations, business forecasting and investment needs were also provided in the additional information document which can be viewed online. These go to support the fact that the proposed business is essential and would help to foster the local consumption seafood products that are locally sourced.

• 4.0 PLANNING POLICY
• 4.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly industrial use under the Isle of Man Planning Scheme (Peel Local Plan) Order 1989.
• 4.2 Due to the site location, zoning and the type of proposal, the following policies of the Strategic Plan 2016 are relevant for consideration:
• 4.3 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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; (e) does not affect adversely public views of the sea;

• (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;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;

• 4.3 Parking provision should be made on the basis of 1 space per 50 sqm of industrial space and 1 to 100 sqm of storage and distribution in accordance with the Strategic Plan Appendix Seven.
• 4.4 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;

"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.

• 4.5 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'.
• 4.6 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."

• 4.7 Transport Policy 6: In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users.
• 4.8 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.

• 5.0 PLANNING HISTORY
• 5.1 PA 85/00053/B for Erection of storage building and adjoining car-port, Manx Seafoods Limited's site, Mill Road, Peel - Approved
• 5.2 PA 97/01792/B for Conversion of building to wholesale and trade sales and installation of two windows and toilet, The Fish Processing Yard, Mill Road, Peel - Approved.

PA 09/00664/B for Erection of storage facilities with associated hard standings and drainage Approved.

• 5.3 PA 12/01044/B for Renewal of road layout, new street lighting and infrastructure improvement works (Phase 2 and 3) - Approved.

• 6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
• 6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they do not oppose in the letter dated 28 August 2020.
• 6.2 There have been no written representations from the Peel Town Commissioners although they were consulted on 25 August 2020.

• 7.0 ASSESSMENT
• 7.1 From visiting the site and studying the plans, the Planning Department would recommend that the key issues are:

• i. principle of the development,
• ii. the impact on the operation of other businesses in the area,
• iii. the impacts on parking and highway safety, and
• iv. The impact of the proposal on the character and appearance of the area.

• 7.2 The principle of development

• 7.2.1 The applicants have indicated that customers will be receiving deliveries through the refrigerated fish vans that would service the facility or have the option of buying at the retail area within the facility with the products processed on site for collection. This is, however, not considered to be of detriment to the application site or the area given that only products processed on the application site can be sold to clients. This conforms to Business Policy 5 (b) as 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. Whilst locating the retail outlet away from the site and within a town centre location would be more appropriate as it would ensure that the sales would not detract from the vitality and viability of the appropriate town centre shopping area, this would entail the retail of frozen products given that the storage and processing of the produce would not be suitable in a town centre location; a situation that would defeat the goal to deliver fresh items to the customer. Besides, the clients to the business are also offered the option of receiving deliveries to their homes which would limit the number of clients that visit the site. However, a condition would be attached to ensure that there is no deviation from the original intent of the scheme.
• 7.2.2 It is also vital to note that other small factory units within the area (such as

site; a situation that has existed in these sites in excess of fifteen years, although there is no application history to state if approval has been granted for the sites as the search through the history does not give any indication of approval being granted for these operations. Evidence from the site visit to the area on 28 September 2020 showed that these retail operations remain functional at the factory units within this predominantly industrial area. Based on the foregoing, it can be argued that the principle of the proposed retail scheme is acceptable.

• 7.3 Impact on neighbouring businesses

• 7.3.1 The operation of neighbouring commercial business is not likely to be impacted. This is hinged on the fact that the area is predominantly industrial with the comings and goings of customers consistent with the area. As such, the proposed use although having the potential to increase the number of visitors to the area is not considered to create a level of adverse impact on neighbouring businesses to such a point that would warrant refusal given that it would fit within the context of the application site and surrounding area which also has office accommodation which are known to have regular client visits. As such, it is considered that the proposed scheme would comply with General Policy 2 (g).
• 7.3.2 The supporting Statement indicates that opening hours would be between 9am and 5pm on Mondays, Tuesdays, Thursdays, Fridays and Saturdays, and that no retailing would be carried out on the site on Wednesdays and Sundays. In the event that planning approval is given, it will be important to ensure that sufficient conditions are attached to ensure, amongst other things, that local amenity is protected with the site operating as stated without undue impacts on other businesses in the area. As such, a condition would be imposed to ensure that the business operates within the stated time indicated in the supporting statement.
• 7.3.3 It is also noted that the land ownership for the site could change; with new owners failing to comply with stipulated conditions within any approval granted; in the event that approval is granted for the proposed scheme. Therefore, a condition could be imposed to restrict the development hereby approved to DEFA or its lessee. This would ensure that if the site were no longer owned/leased by DEFA an application would be required to remove the condition, as well as provide an opportunity to consider the imposition of additional/alternative conditions for operations within the site.
• 7.4 Impact on the vitality and viability of the nearby town centre shopping area

A key determinant for Business Policy 5(b) to be acceptable, is the requirement that it can be demonstrated that the sales from the retail business would not detract from the vitality and viability of the appropriate town centre shopping area. In the case of the application site, the fact that the proposed floor area would be only 28sqm; so small as to exert noticeable influence on the nearby town centre would make any resulting impacts de minimis. For that reason, it is considered that the impact of the retail unit on the vitality and viability of the existing town centre is unlikely to be significant considering the size of the operation, and the fact that it would be unreasonable to separate the processing and retail activities from the site.

Impact on Parking and highway safety

• 7.4.1 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 proposed retail activity. Based on the foregoing, it is considered that there is sufficient road capacity to support the proposed development.
• 7.4.2 Another issue that begets thorough consideration is whether the floor area allocated for retail 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. Whilst the addition of the retail service would generate additional parking demand on the site, the site has ample parking provided on site, with additional parking available within the general parking area at the central area. As well, a customer pick up point has been provided on the southern end of the site to help lessen the pressure on parking within the area. As such, it is not considered that the application would result in the need for additional parking beyond what is provided to serve the unit.
• 7.4.3 The fact that the business also allows retail customer deliveries 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 parking at the facility.
• 7.4.4 The scheme is also designed such that allows proper segregation between pedestrians and vehicle users as the access and parking areas are clearly demarcated thereby reducing the potential for accidents to occur on the site as the pedestrian and vehicle users are afforded equal weights in the design of the access areas on the site with confirms with Transport Policy 6 of the Strategic Plan.
• 7.4.5 Overall, it is considered that the proposed scheme would comply with General Policy 2 (h & i), Transport Policy 6 and Transport Policy 7.

• 7.5 Potential impact of the scheme on the character and appearance of the area

• 7.5.1 Considering there would be no external works carried out on the building, beside the addition of the sign above the entrance door on the southern elevation, it is considered that the proposal will not have any impacts on the character and appearance of the area. Moreover, the works to clearly define the pedestrian access area and create the customer pickup point would facilitate pedestrian and vehicle circulation on the site and would be within an industrial context which is characteristic to the area.

7.6 Other matters

• 7.6.1 With the changes currently taking place globally and on the island, particularly with the current drive to drive down the carbon footprint for business operation and the island community as a whole, the drive to promote the consumption of local products within the local market system with its attendant lowering of travel miles is a welcome development. As such, reducing the need for travel miles on local products (seafood) aligns with the Islands commitment to a low carbon economy as the products which are locally sourced can be

directly stored, processed and retailed fresh without the need to develop complex supply chains which pose significant challenges for energy consumption and CO2 emissions. In the case of the current application, it is considered that the proposed scheme which only occupies 28sqm of floor area would have considerable environmental benefits for the Island, sufficient to override any negative impacts that could result from its location in a purely industrial area.

7.6.2

that the proposed retail unit within the factory would be financially beneficial to the local population of fishermen and local consumers as it would ensure that customers can view the products available and select their own products from the range on offer within the facility. This would in turn increase local demand for the products and ensure the sustainability of the Manx fish industry, regardless of the prolonged rates of supply chain disruptions currently experienced globally.

Yours sincerely,

Mr Paul Visigah, B.Tech Hons, MSc, MRTPI Senior Planner