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Application No.: 18/00610/C Applicant: Island Exhaust Systems Proposal: Change of use of industrial units to vehicle servicing, repairs and sales (retrospective) Site Address: Unit 1-2 Old Quarry Douglas Head Industrial Estate Douglas Isle of Man IM1 5BF Planning Officer: Mr Owen Gore Photo Taken: 29.08.2018 Site Visit: 29.08.2018 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 28.01.2019 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety in accordance with General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2016.
Reason: To safeguard the industrial use of the site and ensure proper control of the development to avoid any future, undesirable fragmentation of the curtilage in accordance with General Policy 2 and Business Policy 5 of the Isle of Man Strategic Plan 2016.
Reason: To safeguard the amenities of occupiers of adjoining properties in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information: This planning permission relates to the following plans and documents: Site Location Plan Drawing No.HLK/05/0168/2 - Floor plans and elevations Date-stamped as having been received 13 June 2018 Email dated 20 December 2018 Additional site plan, date-stamped as having been received 08 January 2019. _______________________________________________________________
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
6 Taubman Terrace, Douglas, IM1 5BB is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. _____________________________________________________________________________
Officer’s Report THE SITE
1.1 The application site is an industrial site located off of Head Road and is part of the Old Quarry Industrial Estate to the west of Douglas Head. The unit is part of building containing three other units; to the north west is Magnet Kitchens and to the north east is Ivy House, another commercial unit. - 1.2 The proposed units that are the subject of this application are units 1 and 2, which include the two large roller shutter doors on the northern end of this building. THE PROPOSAL
2.1 The proposal is to change the use of these light industrial units into a general industrial use for the vehicle servicing and repairs and also the additional use for vehicle sales. The application is retrospective. PLANNING POLICY - 3.1 The site is within an area zoned on the Douglas Local Plan map No.2 as 'Light Industrial'. General Policy 2 applies to proposals that are in accordance with the land-use zoning; although the proposal is to change the use from light industrial (Class 5) to general industrial (Sui Generis), which is not in accordance with the land use zoning, the principle is considered broadly similar and the main issues relate to the impact of this proposal in line with the criteria within General Policy 2 as well as the policies below. This policy states that development will normally be permitted where it: -
3.2 Due the nature of the existing use and the proposed change of use, there are further policies relevant within the Strategic Plan. - 3.3 Business Policy 2 and Business Policy 3 relate to the zoning of land for industrial processes, being designated in all parts of the island and stating that the Department will identify those parts of the land, if any, which are suitable only for light industrial use. Business Policy 5 states that 'On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution'. - 3.4 Transport Policy 7 states that 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. - 3.5 Environment Policy 22 states that 'Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
4.1 The following, previous planning permission are considered to be specifically material in the assessment of the current application: -
REPRESENTATIONS 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 have reviewed the proposal and requested that it be deferred, in the letter dated 23 July 2018. The comments continue: -
'The application states that the site operates between 8:30am to 5:30pm on weekdays and 8:30am to 1pm on Saturdays. It also mentions that there are 2 other car repair and servicing garages adjacent to the site and a kitchen retailer opposite. There have been no site access changes to the premises.
There are 2 roller shutter doors, one for each unit. The plan submitted does not show a sufficient area surrounding the site to be able to identify its precise location and does not show any site parking provision despite the application form stating that there are 8 spaces. A revised suitably scaled site plan to show the site parking layout is required which should clearly identify whether the parking is specifically dedicated for the sole use of units 1 and 2 or if it is shared use between all the units on the site. This is needed to establish if the site parking provision is adequate to serve the units.
Highway Services request that the application is deferred to allow the applicant to consider the above, and enable Highway Services to undertake a site visit to establish if there are any highway issues resulting from the change in use of the units'.
5.2 Douglas Borough Council have commented on this application and stated that they do not object, in the letter dated 13 July 2018. - 5.3 There has been an objection submitted by a neighbouring resident at 6, Taubman Terrace. The key planning points raised are as follows: -
ASSESSMENT Principle
6.1 Business Policy 3 references the onus for the Department to identify areas which are suitable only for light industrial use. Within the strategic plan, the definition of a 'light industrial building' is 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'. A 'general industrial building' is defined as an industrial building other than a light industrial building or a special industrial building.
6.2 The land is designated as 'light industrial'; however the proposal is a 'general industrial' use; both naturally fall within the broader industrial use and therefore would not conflict with Business Policy 5. The main issues relate to the impact of this proposal in line with the criteria within General Policy 2 as well as Transport Policy 7 and Environment Policy 22. These issues have been assessed below. - 6.3 The proposal also includes the additional use for vehicle sales, which at the time of visiting comprised mostly of commercial vehicles i.e. vans. The applicant has provided a drawing showing the proposed area that these vehicles will be parked and sold from; this will be an area to the north of the units, including the lane to the side and will not take place inside the unit. The proportion of this part of the business is relatively small compared to the floor space of the garage use and provided that it adequately conditioned to remain in this area, it should remain ancillary to the main use. - 6.4 The principle is therefore considered acceptable, subject to the consideration below.
6.7 Part (g) of General Policy 2 states that proposals should not adversely affect the amenity of local residents; the existing lawful use of the site is light industrial, which is by definition acceptable in residential areas as it wouldn't detrimentally impact the amenity of that area. The building is located approx. 35m away from the main highway and the closest roller shutter door is thought to be approx. 50m away from the closest residential properties. - 6.8 Planning permission (ref 17/00189/B) was previously granted on the estate for a 'vehicle body repair/mechanical workshop'. In terms of neighbour impacts, it is considered unlikely that the business would be significantly more disruptive than other businesses and due to the distance away from the properties and the proposed restriction to keep operations to inside of the building, it is considered unlikely that there will be significant, harmful impact to the neighbouring properties. Highways and Parking - 6.9 Parts (h) & (i) both highways, stating that the proposal should provide satisfactory amenity standards, including adequate parking, servicing and manoeuvring space; Transport Policy 7 also requires that new development should ensure parking standards are met. The initial comments from Highway Services have request that the application is deferred to allow the applicant to submit a revised, suitably scaled, site plan to show the site parking layout and a confirmation that the parking is specifically dedicated for the sole use of units 1 and 2 or if it is shared use between all the units on the site. - 6.10 The applicant has provided details of a parking area in front of the unit for up to 5 vehicles in addition to the use of the area to the side/ front of the unit for the sale of vehicles as an ancillary activity to the main business.
7.1 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings and would not result in a significant adverse impact upon the living conditions of neighbouring residents, subject to controls. There some provision for onsite parking. The proposal is therefore in accordance with General Policy 2. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 29.01.2019 Determining officer
Signed : S CORLETT Sarah Corlett Principal Planner
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