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19/00018/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00018/B Applicant : Mr Stephen Woodward Proposal : Conversion of existing industrial building to create an indoor recreation facility and provision of additional parking Site Address : Unit C Balderton Court Balthane Ballasalla Isle Of Man IM9 2AJ
Principal Planner: Miss S E Corlett Photo Taken : 08.01.2019 Site Visit : 08.01.2019 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 15.02.2019 __
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. This approval relates to the building works shown in the approved plans and the use of the building as an indoor recreation facility with ancillary catering facilities.
Reason: To clarify the extent of the planning approval.
C 3. Prior to the commencement of the use hereby approved, the area shown on plan reference GA1/1250 to be cleared for car parking, must be levelled and hard surfaced and be available for the parking of vehicles associated with the approved use and thereafter must continue to be available for such purposes.
Reason: To ensure that there is sufficient car parking to accommodate vehicles associated with the approved use.
C 4. The refreshment facilities shown on the submitted plans must be incidental to the main use of the site for recreational purposes and may be used only by patrons of the recreational activities available within the site.
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19/00018/B Page 2 of 6
Reason: The site is designated for Industrial Use and the principal use of the site as a cafe would be contrary to this designation.
Plans/Drawings/Information;
This decision relates to drawings GA1/1250, GA1, GA4, GA200 and 4710-05 all received on 9th January, 2019. __
Interested Person Status - Additional Persons
It is recommended that the owner/proprietor of the following business 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):
Bekki's Bites as it is 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, they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.
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Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSED USE IS CONTRARY TO THE DEVELOPMENT PLAN
THE SITE 1.1 The site is the curtilage of part of an existing industrial building situated within Balthane Industrial Estate between the Isle of Man Airport and the main part of the village of Ballasalla. The whole building is a large portal framed industrial structure built of blockwork up to door height and blue sheeting above with dark blue rainwater goods. A concrete pad runs in front of the building which joins the paved surrounding to the building and there is then an area of rough ground between the site and the next industrial building to the north east.
1.2 The building is subdivided internally into a number of units which face north east and south west. The application concerns the northernmost part of the building, an area of 18m by 14m with 7 parking spaces directly in front.
1.3 At the time of the site visit (mid-morning on 08.01.19) there was little sign of any of the units on this side of the building being actively used or occupied. The applicant advises that this part of the building has never been used since the erection of the building in 2010.
THE PROPOSAL 2.1 Proposed are works to the building to convert it to an indoor leisure facility incorporating electric vehicles for children. The applicant has seen a similar facility in the UK which his children enjoyed and he thinks that the Island would benefit from a similar facility. He will provide the vehicles, the track, all necessary safety equipment, toilet and baby changing facilities including ones suitable for use by people with a disability and a small refreshment area for those watching - either a small cafe or drinks and snacks vending machine.
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19/00018/B Page 3 of 6
2.2 There are currently around 5 spaces directly outside and the application also includes the clearing of the rough area opposite the site which will provide more parking spaces - perhaps up to 50 or more. This area will be levelled and finished in hardcore.
2.3 Changes are proposed to the building including the installation of a set of double doors which will remove two parking spaces from right outside the building. This will facilitate wheelchair access into and out of the building.
2.4 He foresees the business operating on the basis of 1000-1800hrs during the week and 0900-1900hrs at the weekends. He considers that most of his customers being children, will be driven to the site by car although he notes that there are pavements throughout the estate and a bus service relatively close by.
2.5 Finally, he draws attention to the various non-industrial uses which have been approved on the estate - dog day care, hairdresser, food vans and a cafe.
PLANNING POLICY 3.1 The site lies within an area designated on the Area Plan for the South (2013) as Industrial. The proposed use is contrary to that. The Strategic Plan welcomes the creation of employment opportunities (SP Business Policy 1) but discourage retail use of industrial areas (Business Policy 5. It also encourages the provision of recreation facilities and acknowledges the benefit of this to the population and its quality of life (SP Chapter 10, APS chapter 8).
3.2 Whilst the proposal is contrary to the land use designation, the policies within the Strategic Plan which set out general standards of development are applicable:
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:
(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; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (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 and (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan.
Transport Policy 4 also requires that the highway network is capable of satisfactorily accommodating the traffic from any development.
PLANNING HISTORY 4.1 The building was approved under 10/00145/B for industrial purposes.
4.2 Other applications within Balthane of relevance are as follows, all approved:
18/00799/B - conversion of unit to dog day care facility 18/00127/B - conversion of unit to dog grooming facility 16/01177/B - conversion of unit to motorcycle repairs and sales 15/00665/C - use of premises as plumber's merchants and bathroom sales
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19/00018/B Page 4 of 6
15/00156/C - use of office as hair salon 14/01382/B - use of premises as dog grooming facility 12/01610/C - conversion of unit to cafe 11/00870/C - use of premises for the repair and sale of motorcycles 10/01179/C - use of unit as a fitness centre.
REPRESENTATIONS 5.1 Malew Parish Commissioners have no objection (06.02.19).
5.2 The operator of Bekki's Bites, the cafe within Balthane Industrial estate writes to object to the inclusion of a cafe within the premises. She explains that there are already three food outlets within the estate and the competition is already an extremely tough business environment. She has been trading since October 2016 and has made significant progress and hopes to make a profit by the end of 2019. She feels that another food outlet on the estate would almost certainly put her out of business: seeing the application has caused her to consider selling up (21.02.19).
ASSESSMENT 6.1 The proposed development is not consistent with the land use designation for industrial purposes. As such, the issues are whether the loss of an industrial unit would be unacceptable, whether the proposed use would be incompatible with adjacent land users, whether the use is acceptable in itself including whether the impact on highway safety and car parking would be acceptable.
Loss of the industrial unit 6.2 The relatively recent Employment Land Review makes it clear that there is a longer term shortfall in the amount of land for employment purposes (industrial, offices, storage and distribution) within the Island and the conclusion from this, coupled with the SP policies which generally presume against retail use of industrial premises, is that industrial land should be protected for such uses only. There are, however, no policies which specifically presume against recreational use of industrial premises nor any land which is identified as proposed recreation. Recreation facilities tend to be protected where land is offered as outside or large scale recreation - sports pitches, sports halls, tennis courts etc.
6.3 There have been planning approvals granted for the use of industrial units as gyms and for personal training: in fact permission was granted for use of a unit not far from this one as a fitness centre. The other non-industrial uses are listed in 4.2 above. It is important to note that whilst approval has been granted for these alternative, non-industrial uses, the predominant use and character of the estate is still industrial with a number of new developments elsewhere on the estate, demonstrating that there is still demand for industrial style buildings (19/00006/B, 18/01110/B, 17/00325/B, 17/00203/B and 17/00202/B) most of which are implemented or being so. As such, whilst there is a small number of non-industrial uses being incorporated into the estate, this neither changes the character of the area nor undermines nor prejudices the use of the remaining units for their legitimate, industrial purpose. It is also relevant that other than the hair dresser, there is no land specifically designated or available within Ballasalla for these other uses and the alternative to them being located here or at Ronaldsway would be for the development to be located in the east, which does not assist with the distribution of these opportunities around the Island.
Compatibility with other land users 6.4 The use will generate more traffic than its industrial neighbours and potentially some use outside hours when adjacent units will be used (later at night and weekends). The fact that other units will not be used at the same time will reduce any opportunity for conflict but being located at the corner of the site, it is not anticipated that there will be conflict in any case. This part of the estate is new and well laid out with space for access and circulation.
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19/00018/B Page 5 of 6
Acceptability of the proposed use in itself 6.5 The unit will have sufficient car parking once the area alongside has been cleared and the unit, being located in the corner of the area will not generate conflict between users of this facility and other traffic associated with the rest of the units. There is sufficient provision for access and the applicant will be providing light refreshment opportunities and toilet facilities. It is important that the refreshment facilities do not become the principal use on the site and that users of it are only those who are using the premises for its main use as a recreational facility. Whilst there is a concern from an existing cafe proprietor that this may jeopardise her business, this is not a reason on its own to refuse the application but it does highlight a more general concern that the refreshments should be just that and not a principal use. Conditions can be attached to address this. It is relevant that subject to such constraints, the people making use of the refreshments would only be doing so because they are attending the site to use the recreational facilities. They would not otherwise be visiting Balthane and as such, the proposed refreshment facility will not be detracting from trade currently or potentially at other existing food outlets.
Highway safety and car parking 6.6 Once the area alongside is cleared there will be sufficient car parking to serve the proposed use. With 5 carts per session, the number of people attending at any one time is not likely to be significant, even taking into account cross over periods between sessions. There are theoretically two means of getting from the estate road to the site but in practice, one of those is currently blocked by vehicles, containers and other items sitting in the space between the northern end of the Wilson and Collins building and its boundary. The other access is relatively wide and capable of accommodating the traffic which would be generated by the proposed use.
CONCLUSION 7.1 Whilst the proposed use is not consistent with the land use designation, it is considered that there is justification for accepting this alternative use and it is not considered that there will be any environmental harm from the proposal, provided that the area alongside is cleared and made suitable for car parking prior to the use commencing.
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: (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 (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
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 in Article 6(4) who should be given Interested Person Status.
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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: 04.03.2019
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19/00018/B Page 6 of 6
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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