Officer Report

Application No.: 17/00376/B Applicant: Mannin Retail Limited Proposal: Alterations and extension to provide new office, store, WC, kitchen and additional retail space Site Address: The Milestone Peel Road Douglas Isle of Man IM1 5ED Case Officer : Miss Abigail Morgan Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE LAND USE DESIGNATION OF THE SITE

1.0 THE APPLICATION SITE - 1.1 The application site is the Milestone fuel filling station, Peel Road, Douglas. The site is situated to the west side of Peel Road on one of the main entrances to the town. The site has a frontage of 55m with Peel Road on its east side from which it is accessed via vehicular entrance and exit points. To the south is Milestone - a complex of plumbing, car sales and paint and decorating supplies sales, to the north is McDonald's, and to the rear (west), the site backs onto the National Sports Centre which is separated from the site by a line of mature trees. It is possible to drive through the Milestone complex straight into the fuel filling station. - 1.2 The site incorporates a car wash, fuel filling facilities, car sales and a shop which sells newspapers and magazines and some groceries and from where the fuel and car wash sales are administered. Access to the fuel is directly in and out of the site: to use the car wash vehicles drive in, use the car wash then exit the site from the north of the shop building.

2.0 THE PROPOSAL - 2.1 This proposal is a reduction in size to previously approved development under PA/14/00561/B and the following 15/01073/B. The agent has confirmed that as the applicants are tenants the size has been reduced again to enable it to be viable and the cost of the extension to be recouped during the term of the lease. - 2.2 The application seeks planning approval for the erection of an extension to the building to the rear to provide a further 70 sq m of footprint, providing an internal reconfiguration with office and staff facilities relocated into the rear extension and the existing building being used as retail space. - 2.3 The application also includes alterations to the existing building, including installation of an access ramp and railings to the front entrance, new windows in the front elevation, the provision of 2 parking spaces in north east corner of the site and installation of 2 external chiller units on proposed extension. - 2.4 The extension is 10.7m x 4.75m x 3.5m (height) and will have brickwork to match the existing shop.

3.0 PLANNING HISTORY - 3.1 Planning approval was granted for the fuel filling station under PA 83/00333/B. Since then, various applications were approved which provided additional facilities including PA 87/01661/C approval granted for change of use to extend the use of shop to include class 2, rental of video cassettes & sale of tobacco. - 3.2 Two applications were refused for development on the site:

• o PA 87/04291/A proposed approval in principle for the modification of car showrooms and services bays and erection of a retail store and ancillary parking and service areas and garden centre.
• o PA 89/00538/A proposed approval in principle for the erection of non-food retail stores, restaurant car showroom ancillary offices and parking.

3.3 Both applications were refused for reasons relating to the fact that they would introduce significant areas of retail outside of the town centre when there was land within the town centre available for such purposes and as such the proposals were considered to be contrary to the provisions of the Douglas Local Plan. Both applications extended far beyond the current application site and included all of the Milestone complex. - 3.4 PA14/00561/B - Alterations and extension to existing PFS premises. Approved at Committee 10.04.14. - 3.5 PA15/01073/B - Erection of extension to rear of existing shop to provide additional store and shop floor area and alterations to the existing building. Approved at Committee 30.11.15.

4.0 PLANNING POLICY - 4.1 The site is zoned as light industrial in the Douglas Local Plan 1998. - 4.2 The Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application. - 4.3 Strategic Policy 1: Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services.

4.4 Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. - 4.5 Strategic Policy 9: All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) ... must be sited within the town and village centres on land zoned for these purposes in Area Plans... - 4.6 Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to:

• (a) minimise journeys, especially by private car;
• (b) make best use of public transport;
• (c) not adversely affect highway safety for all users, and
• (d) encourage pedestrian movement.

4.7 Spatial Policy 1: The Douglas urban area will remain the main employment and services centre for the Island. - 4.8 Spatial Policy 5: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3. - 4.9 General Policy 1: The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations. - 4.10 Although General Policy 2 does not strictly apply because the petrol filling station use is not light industrial, the principles contained in the policy are considered to be relevant:

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:

• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;

• (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;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption.

4.11 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.

4.12 Business Policy 9: The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment. (Major development is defined as those over 500 sq m measured externally).

4.13 Business Policy 10: Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5. - 4.14 Transport Policy 7 of the Isle of Man Strategic Plan 2007 states: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council indicates that they do not oppose the application. 18.04.2017. - 5.2 DOI Highways do not oppose the application with the following observations, 20.04.2017; The proposal is to provide an extension to a petrol filling station building; this proposal is much smaller than either of the 2 extant permissions and will have a nominal impact on traffic movements. The proposal includes a ramped access to the shop that meets current standards. - 5.3 DEFA Arboricultural Officer raised concerns about the introduction of 2 new parking spaces in the north western corner of the site near to an existing sycamore tree (18.04.17). Further to discussions with the agent the Arboricultural Officer has recommended that a cellular confinement system be installed in that area and details to include method statement, type of surfacing and connection to surrounding hard surfaces. (10.05.17).

6.0 ASSESSMENT - 6.1 The principle of an extension has been established on this site with the previous two approvals. - 6.2 The proposal involves an increase in the size of the existing retail area from 36.5 square metres to 70 square metres, which is a reduction in size to the two previously approved schemes. The site is some distance from the main shopping where new retail development is strictly controlled, and regard needs to be given to the objective of safeguarding the vitality and viability of town centres. In this regard nothing has changed since previous assessment to give a reason as to why the proposal would no longer be acceptable. In fact the proposed floorspace is reduced which would limit the amount of stock available to that which was previously approved. - 6.3 Other garages have similar retail areas to what is being proposed - the Station Garage, Ballasalla and Bray Hill and Wessex Garages in Douglas are all outside the commercial part of their respective settlements but still offer relatively generous retail facilities in their garages. It was previously accepted that a strong argument in favour of the development is that it will serve the function of a convenience store but not one which would result in people doing their weekly shop but will top up their shopping perhaps on the way to or from work. - 6.4 The design of the extension and the alterations remains predominantly as per the previously permitted schemes and is functional in appearance and matches the existing building, so that they will appear as a single building. As it is largely set within the existing petrol filling station canopy and pumps and set in the context of existing commercial buildings, it is considered to be acceptable. - 6.5 The same conditions are the previously approved schemes have been attached, with the exception of the a condition relating to the construction of the two new car parking spaces and tree protection as per Arboricultural Officers comments.

7.0 RECOMMENDATION - 7.1 It has been previously assessed that the development proposed is acceptable without causing undue harm to the town centre or public amenity and as no significant material circumstances have

altered since the original approval was issued, the application is recommended for approval, subject to conditions.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and

• (e) The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 26.06.2017 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Goods to be sold from the premises must at all times be ancillary to the primary use of the premises as a petrol station and goods to be sold must be limited to convenience type goods (groceries, alcohol, tobacco, toiletries, newspapers, magazines, household cleaning products and vehicle related goods). Reason: To preserve the vitality and viability of existing centres.
• C 3. No site clearance or preparatory work in relation to the two parking spaces in the north west corner of the application shall take place until a scheme for the protection of the retained trees (a tree protection plan) and a method statement for the construction of the two spaces, including as a minimum details of the cellular confinement system, its installation, cross sections, timetable for installation, type of surfacing and how it will be graded into the other hard surfaces, has been submitted to and agreed in writing by the Department. The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.

• Reason: to ensure that effected trees to be retained are protected from development during construction.
• C 4. The site may not be used for the sale of vehicles or for the display of vehicles for sale.

Reason: in order to ensure there is sufficient space for vehicular parking and manoeuvring within the site.

This approval relates to Drawing Numbers 1702-MS-101, 102, 200A, 201A and Planning and Design Statement v1 all date stamped received 31 March 2017.

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: 03.07.2017 Signed : A Morgan Presenting Officer Further to the decision of the Committee an additional report/condition reason was required Signatory to delete as appropriate YES/NO

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