Planning Officer Assessment Report

trade for 'distress purchases'. The shop would also be open to members of the public. The public could buy what is in the shop only, they would not place orders and then go and collect from the warehouse, nor would the shop assistant go to the warehouse to get wine for the customers. If a whole selection of wine is sold out from the shop, it will be replenished from the warehouse. 61. In terms of the retail strategy, and ignoring the argument for the moment (but not dismissing it) that the unit would operate primarily as a trade counter more than a retail outlet, the Strategic Policy 9 requires all new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) to be sited within the town and village centres on land zoned for these purposes in Area Plans. Business Policy 5 allows for retailing from land zoned for industrial purposes if those items could not reasonably be sold from a town centre location because of their size or nature; or because those items are produced on site and their sale could not reasonably be severed from the overall business. Importantly there is a further caveat of where it can be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area. 62. On speaking with the applicant, whilst the intention is to allow for the sale of individual items, this is not the intended market. The applicant indicates that wine merchants come in various forms, the neighbourhood centre style off-licence, which he terms as a 'booze and fag' shop which is a convenience store, best located in walking distance of dwellings for last minute and single item purchases; and bulk buy merchants where people buy boxes of wine or beer for special occasions, or to bulk buy specialist wines, or for restaurants hotels and businesses. The applicant runs both types of store and they have very different clientele and a different sales character. This proposal is most definitely intended to be the latter. The vast majority of sales are for bulk purchases. The applicant argues that there is a case that it could be considered as 'items that could not reasonably be sold from a town centre location because of their size or nature'. If the majority of sales are in boxes then there is an argument that the size of the goods means people will not carry them around the town centre and home on the bus. 63. Such an assertion is perhaps backed up a little by evidence that the only shops to sell alcohol in Douglas town centre include SPAR, M&S and Iceland. None of these shops are bulk buy type shops and the goods tend to be purchased as a 'group' purchase along with other consumables (food). Those shops that do sell wine and beer in greater quantities include the Vineyard, Wine Cellar and Winerite. These units are out of designated centres and are single destination shops. It is also worth noting that in the UK, on at least one occasion, Oddbins has been accepted as a bulky goods store. 64. It is perhaps useful to examine the reason behind the retail policy to understand what harm, if any, the proposal could be seen to cause. 65. The need to direct retailing to existing centres is two fold, firstly to ensure that there is a sufficient range and choice of goods available in the one shopping trip without the need to travel between sites, and secondly to retain the viability and viability of those centres as attractive places. Some goods cannot reasonably be sold in town centres as they need a greater level of display space or the customers need to park adjacent to the store in order to take the purchases home by car. Other types of goods do not particularly add to the vitality and viability of a centre as they are not what is described as 'comparison' goods, rather they are 'convenience' goods. 66. Comparison goods can generally be described as those that people shop around for. It is important to the purchaser to make a comparison of one with the other. Obvious examples of these are clothes and shoes, but also include furniture and other bulky goods. Convenience goods are generally food and drink. 67. The proposal does not fall neatly into these categories, although strictly speaking it is a convenience type good, wine in particular is growing as a specialist item. It can be deduced that the goods are not the type people would shop around for in a town centre making comparisons with other shop units. It is more likely to be a type of good that people will only view the range of goods within that single shop. Alternatively more and more people will purchase wine on-line. For example, even Amazon sells wine. 68. This is important because of the need to assess whether the acceptance of the retail element would detract from the vitality and viability of Douglas or other town centre shops. Given that few shops sell wine from the town centre, and then not in bulk (Winerite on Victoria Road, The Vineyard on Prospect Terrace, The Wine Cellar on Tennis Road), it is doubtful that the proposed unit would attract their share of the market. It perhaps should be noted that the Inspector, in considering the application for Halfords (now PC World and Dixon's) and Pet at Home, concluded that there was insufficient evidence to show that the proposed retail would harm the vitality and viability of any existing centres. This conclusion was reached even though it was accepted that the store would sell goods that were already being sold in the town centres. 69. The Isle of Man Retail Strategy 2009 (commissioned by the then DTI), indicates, following an analysis of retail spending that a high proportion of comparison spending is off-Island. 70. The Isle of Man Retail Strategy has not been formally adopted by Tynwald, but it is the most up-to date and accurate assessment of retailing on the island. In its recommendations it states:

9.7 While there is little quantitative scope for further new convenience goods floorspace, this should not be interpreted so strictly as to prevent the introduction of new formats and improvement in the quality of convenience retail provision across the Isle of Man. There is a major concentration of convenience expenditure in Douglas's supermarkets. The findings of the Household Survey and the experience of using them suggests that there is a high degree of overtrading in some instances which affects the shopping experience.

9.13 In Douglas, the main emphasis should be on measures to improve the quality rather than extending the scale of convenience retailing.

1. In summary, it is considered that; the size of the unit is such that a formal retail impact assessment is not required; the type of goods to be sold are not those that would undermine the goods sold from retail centres; there is a certain amount of specialist retailing that is lost to on-line sales; and whilst it would be preferable for the unit to be edge of centre to enable linked trips to take place, the applicant argues that the group of uses are all intertwined and provides for its own set of linked trips.

1. In respect of the restaurant/pub/play barn and motel, this part of the development would be sited on land which is zoned as "Land owned by Government (Open Space in Agricultural Use)". There are no specific policies in the development plan to guide such development to suitable locations. The only relevant policies are General Policy 3 and Environment Policy 1 of the Strategic Plan. The development of this part of the site does not fit into any of the criterion of General Policy 3. However, as noted in previous reports, the surrounding area, also zoned for agriculture is used as playing fields. It is accepted that such a use retains an 'open' character, but it is also clear that the land which forms part of the application site is unlikely to ever be used for agricultural type purposes.

1. The applicants have stated that:

"EFB (IoM) Ltd identified that there was a need for a public house/restaurant to service their offices, in addition to the remainder of Ballafletcher Estate. There is also the opportunity of serving nearby housing in addition to the adjacent sports facilities. This operation represents a core part of the EFB (IoM) Ltd operations and therefore, they have extensive experience of building, managing and operating this kind of development. It is also intended to include within this building, a motel facility of 9 en-suite rooms and 3 suites. The requirement in the first instance is for the motel to serve EFB (IoM) Ltd and their visiting personnel and representatives, difficulty has been experienced finding suitable accommodation on the island at short notice in the past. The facility can also serve adjacent units in a similar manner in

addition to the adjacent sports facilities. It is envisaged that the facility will employ approximately 10 full time employees."

1. This part of the proposal has some connection to the other uses proposed for the site. Furthermore, it should be noted Cronkbourne Village does not have a public house. The nearest public houses are The Railway Inn in Union Mills, The Cat with No Tail in Governor's Hill and The Manor Inn in Willaston. This facility would serve the local residents of the area in addition to the adjacent sports facilities. The "play barn will be located adjacent to the public house/restaurant and is intended to provide integrated leisure facilities for the whole of the family. The siting of a public house in this location would beneficial to the local area.

Economic Benefit

1. The draft Planning Policy Statement on Planning and the Economy gives a definition of Economic Development as 'the development of land and buildings for activities that generate wealth, jobs and incomes. Economic development land uses include: the traditional employment land uses (offices, research and development, industry and warehousing), as well as retail, leisure, and public services'.

1. Although the PPS suggest that applicants should work with Department of Economic Development, they are unable to do so in this instance. DED would be unable to support the application as they are conflicted due to being the land owner. However the PPS states that what DED would look at is:

• The numbers and types of jobs expected to be created or retained on the site after the construction phase (some consideration will also be given to those jobs created through the construction phase)
• Whether, and how far, the development will help meet economic growth opportunities, redress social disadvantage and support regeneration priorities.
• A consideration of the contribution to the Manx economy and local businesses.

1. The anticipated number of jobs has been provided and a significant proportion of these are long term posts, rather than being simply for construction. In terms of the other factors, the proposal is unlikely to result in spin off industry, but it could be argued that an international HQ that intends to bring visitors to the island, combined with providing more leisure facilities is widely beneficial.

1. The PPS asks planning to look 'favourably on applications for economic development uses which may not be in accordance with the development plan, but only if based on a robust evidence base (which can withstand scrutiny, testing and cross examination) and the economic benefits of the development are demonstrated to outweigh adverse impacts on economic, social or environmental sustainability.'

1. This sets out that not all applications involving an economic benefit will be acceptable, they need to be balanced against the land-use designation and what adverse effects there may be. In this instance, whilst not all of the site is designated for development, the site does not lie in open countryside distant from any settlement. It lies adjacent to an existing industrial estate and as the development forms part of a whole scheme, is seen as providing economic benefit without unduly compromising social or environmental sustainability. Indeed the proposal does provide benefits from a social and sustainability viewpoint.

1. The applicants have made the following statements to help justify their proposal:

"Although the site is not allocated in the Development Plan for all of the proposed uses, we believe that the scheme will generate significant economic benefit for the Manx economy. A wide range of family leisure activities being available throughout the year will improve the quality of life for the Island's residents and enhance tourism opportunities. This is a unique prospect for the Island with multiple attractions available in a single location, which can also be enjoyed during adverse/wet weather conditions."

1. The family owned company proposing the development is based on the Isle of Man and has already increased its workforce from 5 to 19 employees over the last year. It is anticipated that the scheme will ultimately create a further 81 varied permanent employment opportunities (in addition to any seasonal positions) as detailed below;

• Warehousing Personnel 30
• International Office Operation 50
• Public House/Restaurant/Hotel 10
• Play Barn 5
• Entertainment Centre/Bowling Alley 5

1. The long term 100 strong workforce could potentially increase in line with the growth of the company and create future investment opportunities for the Island. The construction of the proposed site would also benefit the economy of the island with a significant investment of £7m (excluding land). Consequently, this creates both short and long term positive effects on the unemployment situation. (June statistics show that this is now at 2.3% (1017 people). The economic affairs website stating that the numbers signing on to the register were inflated by students returning to the Island after term end, but also by increases in the number of individuals having left or lost jobs in retailing and catering.)

1. Although the site is undeveloped, it is surrounded by industry and recently improved sports pitch facilities. We believe that the visual impact of the scheme would be minimal and present an improvement on the current scrub land condition of the site.

1. It is considered that the scheme would have no negative effect on existing businesses with the hotel predominantly accommodating company visitors and the Entertainment Centre/Bowling Alley servicing Douglas and the south of the island. The Public House/Restaurant/Play Barn would mainly service Douglas and the surrounding areas."

1. This proposal has short term and long term benefits in terms of creating jobs in different employment sectors. This adds further weight to approving the application contrary to the policies of the adopted development plan for the area.

Highway Issues

1. In respect of parking, the car parking standards as set out in the Strategic Plan for the development based on floor area indicated in the application are as follows

Warehouse 1400 square metres at 1 space per 100 square metres = 14 Offices 708 square metres at 1 space per 50 square metres = 47 Motel 12 beds at 1 space per bedroom = 12

Entertainment/ Public House/ Restaurant 1708 square metres at 1 space per 15 square metres = 114

Total= 187

1. The application is proposing to provide 135 spaces. There is consequently a shortfall of 52 spaces from the overall requirement of all of the uses; however, the applicant's agent has stated that the shortfall in numbers takes into account the user profile envisaged in that not all parts of the development will be used concurrently and there will be some overlap of common parking particularly in the area in front of the offices.

1. Members queried the rationale of the level of parking, in particular how it is to be used. The main daytime requirement would be for the workers in the offices and those in the warehouse. In accordance with the standards, these would necessitate 47 + 14 spaces which would be 61 spaces, leaving 74 spaces left for the other uses which would undoubtedly give rise to some level of need. Certainly some of the hotel spaces would be required, although it is doubted that all 12 spaces would be required during the daytime. The playbarn would

probably also require some spaces for daytime purposes. It is doubted that the restaurant or pub would give rise to daytime demand and it is likely that the bowling alley would be highly used during work hours. It is concluded that the 74 remaining spaces would be adequate for daytime use purposes.

1. In terms of evening spaces, 34 of the spaces are located to the rear of the buildings accessed through the industrial area. It is likely that these spaces would be used for staff rather than visitors, leaving 101 spaces to the front of the buildings. Bearing in mind that the office workers are not likely to work during the evening and the number of warehouse staff will be reduced, at least 47 + 7 spaces will not be required, leaving a requirement of 126 spaces which is accommodated for. Consequently the level of evening parking is considered to be acceptable.

1. The development would also provide dedicated cycle and motorcycle parking, which is to promote alternative modes of transport to the site. The site is located on or near to bus routes.

1. The applicant's response to the issue of adequacy of parking is:

"The total number of parking spaces proposed is considered to be more than sufficient for the development due to the intended operational times of the warehouse and offices being predominantly during standard hours of business. It is anticipated that there would be 80 workers during the daytime which would leave 80 spaces for visitors to the other facilities. Whilst these would be open, because of their nature, it is not expected that there would be high numbers during the standard working week. Only the play barn is likely to attract parents with young children, the 100 free spaces are considered more than adequate to cover this. Outside of normal daytime working, the office staff spaces would become available for use during evenings and weekends when the leisure facilities would be trading. We will also be actively encouraging alternative modes of transport as outlined in the transport statement for both the general public and employees. This not only includes bus and cycle transport, but in addition, visitors to the company who are staying at the hotel, may well be transported by the company rather than having their own vehicles."

1. In respect of the proposed access onto Ballafletcher Road; the junction will have a visibility splay of 4.5m x 120m. The access will service the offices/trade counter and the recreation/leisure facilities. The Highways Division considers the proposed access to be acceptable. It is therefore considered the access would not be prejudicial to highway safety.

1. The access for the proposed warehouse will be off the existing industrial estate road.

1. The Highways Division has stated that "The transport statement for the 'in principle' application provides sufficient transport information to show that the site can be accessed safely.

1. The Highways Division does not oppose the above application subject to a full transport assessment accompanying the detailed planning application. The assessment should include, but not limited to, both a detailed parking and junction assessment."

DESIGN

1. The planning statement makes reference to the potential height of the buildings which raises some concern to the Planning Authority. The statement states that the warehouse will be largely single storey and will be a similar height to the 3 storey entertainment centre. The offices are envisaged to be 4 storeys in height whilst the public house/ restaurant/motel will be 2 storey in height. The buildings in the adjacent industrial estate are relatively lower, mainly either single storey or two storey in height. The applicant states that the "Although the site is undeveloped, it is surrounded by industry and recently improved sports pitch facilities. We believe that the visual impact of the scheme would be minimal and present an improvement on the current scrub land condition of the site.

1. It should be noted the buildings are to be sited well back from the main carriageway of Ballafletcher Road. The design and the landscaping for the proposed development will have to be carefully considered at the reserved matters stage. If the design and/or landscaping is unacceptable when the reserved matters application is submitted, the Planning Authority will still be able to reject the proposal at that stage.

Phasing

1. Phasing of overall development: The members requested that they be provided with an indication as to how the various elements of the overall development were expected to proceed, if approved, and whether phasing of the development was covered in the land sale option agreed with the Department of Economic Development.

1. The applicant’s response to this issue is as follows:

> "It is anticipated that all the ground and sewerage works would be completed in the first instance and at a substantial level of investment. The building works will be phased over a period, the precise timings of the phasing is yet to be determined. There is no condition on the land sale option."

1. Alternative Site Assessment: It was agreed that more information be requested to support the applicant’s contention that alternative sites have been investigated and discounted.

1. The applicant’s response to this issue is as follows:

> "Many benefits of the proposed site are outlined in the transport and planning statements that demonstrate the promotion of alternative modes of transport and being centrally located to the main catchment area of Douglas. During the process of assessing alternative sites (that would be ideal to facilitate the mix of commercial and leisure use) there were no alternatives that could accommodate the size of plot required and with a wide enough road system for safe access."

1. In summary, it is considered the responses given by the applicant adequately addressed all the issues raised by Planning Committee. In this context the original recommendation made on 19th March 2012 is confirmed.

Recommendation

1. It is recommended that the planning permission be granted subject to conditions.

Party Status

1. The local authority [Braddan Parish Commissioners] is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status.

1. The Highways Division is part of the Department of Infrastructure of which the planning authority is part. As such, the Highways Division cannot be afforded party status in this instance.

1. The Isle of Man Water and Sewerage Authority have commented on non-material planning matters and as such should not be afforded party status in this instance.

1. The occupiers of Ballafletcher Poultry Farm Cottage have objected on highway grounds, which has its vehicular access set approximately 85m away from the application site. It is considered they should be afforded party status.

1. The occupiers of 33, 35 and 39 Hollin Bank, 4 Ashen Bank and 17 Hollin Lane are located within the Tromode Woods Estate which significant distance away from the application site and as such they should not be afforded party status.

1. Joseph Bucknall Limited, Heron & Brearley, and the Isle of Man Chamber of Commerce do not have sufficient interest in the application site to be afforded party status.

1. The occupiers of 105 Cronk Liauyr, occupiers of 3 Tromode Close and the Community Planning Service are a significant distance away from the application site and therefore do not have a sufficient interest in the site, as such they should not be afforded party status.

Recommended Conditions and Notes for Approval

C : Conditions for approval

N : Notes (if any) attached to the conditions

C 1. Approval of the details of design, external appearance of the building[s], internal layout, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.

C 2. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.

C 3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.

C 4. This approval relates to the creation of a mixed use development providing warehousing, offices/retail accommodation and leisure facilities including service road and car parking as shown in drawing numbers 1699.01.P01, 1699.01.P02, 1699.01.P03, and 1699.01.P04 date stamped 16 September 2011.

C 5. The plans and particulars submitted in accordance with condition 2 above shall include:

1) a Design Statement. 2) a Green Travel Plan 3) details of cycle shelters. 4) a detailed transport assessment, which should include, but not limited to, both a detailed parking and junction assessment.

C 6. The buildings shall not be used until the vehicular and pedestrian means of access have been constructed in accordance with the approved plans, and those means of access shall thereafter be kept available at all times for their respective purposes.

C 7. The buildings shall not be used until the car parking and manoeuvring areas have been provided in accordance with the approved plans, and those areas shall thereafter be kept available at all times for their respective purposes.

C 8. The goods to be sold within the trade counter/showroom/retail shop area must be restricted to alcohol, soft drinks, tobacco, bar type snacks and confectionery only.