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18/01167/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/01167/B Applicant : Willow Capital Ltd Proposal : Removal of three windows and change of use from water treatment station to car repair garage with storage for vehicle parts for re-use and sale (part retrospective) Site Address : Filter House Glen Rushen Road Glen Maye Isle Of Man IM5 3BA
Senior Planning Officer: Mr Thomas O'Connor Photo Taken : 01.02.2019 Site Visit : 01.02.2019 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 20.02.2019 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The use of the building for a car repair and breaking business would result in a material change in the use of the site with the potential of adversely affecting the residential character and amenity of residents within the area. On balance, the proposal would not comply with the requirements of Spatial Policy 4 of the Isle of Man Strategic Plan 2016 in failing to maintain the existing settlement character and not being of an appropriate scale nor General Policy 2 (paragraph g) of the Isle of Man Strategic Plan 2016 in being a development that would adversely affect the amenity of local residents and the character of the locality.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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):
The following satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
Flo Glion Glen Rushen Road, Glen Maye Herondale, Main Road, Glen Maye Hilary Cottage, Glen Rushen Road 3 Hillside Terrace, Glen Maye Rose Croft, Glen Rushen Road Glen Sloughi Glen Rushen Road
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It is recommended that the following persons 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):
The Anchorage, Main Road, Glan Maye 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 and 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 required by paragraph 2D of the Policy.
Cooil Ingel Beg, Glen Rushen Road, Glen Maye 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 and 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 required by paragraph 2D of the Policy.
6 Oak Road, Ballawattleworth Peel 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 and 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 required by paragraph 2D of the Policy.
Wren Cottage, Glen Rushen Road 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
Mill House, Main Road , Glen Maye 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 APPLICATION SITE 1.1 The site consists of a single storey former water pump and filter station within a 0.43acre site situated along Glen Rushen Road on the western edge of the village and accessed from the A27 to the west by Hill Side terrace. The site is washed over by an Area of High Landscape and Coastal Significance.
2.0 THE PROPOSAL 2.1 This application seeks to utilize the building for a car repair and servicing operation with the removal and storage of parts from scrap vehicle internally within the main part of the building.
2.2 Partially retrospective in its character, three windows on the west facing rear elevation of the building have already been removed and a metal galvanised garage door installed in their place. In all other respects, the building remains the same as before and there is no indication that the use of the site for vehicle repair and storage of vehicle parts has yet taken place. 2.3 It is maintained in this application that the site would provide for an operational base for the applicants business that has, to date, existed as a mobile mechanic service on the Island for the last 5 years. Operational details would be as follows: o Maintenance and repair to a maximum of four vehicles on the site at any one time with all this work undertaken internally within the building; o The 8 - 10 space car park to be maintained for the use of residents of nearby flats , staff and holding bays for the business;
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o Dismantling of vehicles would be carried out internally within the loading ramp of the building; o All waste fluids to be safely contained and dealt with in accordance with current environmental legislation with an Environmental Licence sought and issued prior to commencement of this part of the process.
3.0 PLANNING HISTORY 3.1 13/00609/B Approval in principle for the demolition of existing filters building and residential block and redevelopment of site for residential use, granted 27/01/2014
4.0 PLANNING POLICY 4.1 In terms of land use designation the application site is located within a wider area of land that is designated as predominantly residential under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982.
4.2 General Policy 2 of the Isle of Man Strategic Plan 2016 is more specific in land use zoning and states: "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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (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; (j) can be provided with all necessary services; (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."
4.3 Spatial Policy 1: The Douglas urban area will remain the main employment and services centre for the Island.
4.4 Spatial Policy 2: Outside Douglas development will be concentrated on the following Service Centres to provide regeneration and choice of location for housing, employment and services o Ramsey o Peel o Port Erin o Castletown o Onchan
Area Plans will define the development boundaries of such centres so as to provide a range of housing and employment opportunities at a scale appropriate to the settlement.
4.5 Spatial Policy 3: The following villages are identified as Service Villages
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o Laxey o Jurby o Andreas o Kirk Michael o St Johns o Foxdale o Port St Mary o Ballasalla o Union Mills
Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing.
4.6 Spatial Policy 4: In the remaining villages development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities. These villages are Bride, Glen Maye, Sulby, Dalby, Ballaugh, Ballafesson, Glen Mona, Colby, Baldrine, Ballabeg, Crosby, Newtown, Glen Vine & Strang
5.0 REPRESENTATIONS 5.1 Patrick Parish Commissioners in their letter of 17th December raise no objection to the application but maintain that the balance of judgement in this application should rest with the Planning Committee, reserving the right to differ the Planning Officers report in due course. In summary the Commissioners raise concerns about noise and pollution generated from the proposed development and emergency access and egress to the site. The Commissioners accept that the site is brownfield in its character but question whether Glen Maye is the right location for this type of business.
5.2 Highways: the Highway Service does not oppose the application subject to a planning condition being imposed in respect of vehicle part storage area to be used only for online sales and the re-use of cars being repaired on the site. Reason: in order to limit the demand onsite parking provision in the interests of highway safety and amenity.
5.3 Neighbours: Overall, 11 letters have been received, 10 from local residents, and one from the local MHK respectively during the period of consultation, objecting to the proposal: In synopsis, the objections can be summarised as follows:
o Road too narrow for existing traffic and additional traffic generated by the development would exacerbate issues of on street parking and congestion; o Smells, noise and disturbances generated by the vehicle repair and dismantling use would adversely affect the residential amenities enjoyed by nearby residents o The site is located in a primarily residential area o Risk of leakage of hazardous materials onto adjoining residential properties; o There would be inadequate separation in terms of distance between the proposed commercial use and nearby dwellings; o The site is Located in an Area of Special Scientific Interest and Beauty and therefore the commercial development, as proposed, would not be sympathetic with the scenic character of the area; o Use of the former filtration plant for vehicle repair and breaking is materially different in terms its input on the residential amenity and environment of the locality. o Details of employment requirements contained within the application form and supporting documents would suggest that the site would require more than a single employee in order to function; o Potential for contamination from hazardous waste such as oil stored on the site. Further details required in respect of the disposal of this waste.
6.0 ASSESSMENT
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6.1 Few alterations to the fabric of the building would be proposed other than the replacement of three windows with a roller shutter door on the rear to facilitate vehicular access and egress into the building. Six (6) existing parking would be retained with some 4 spaces ceded over for use by the occupants of the nearby block of flats. The Supporting Statement indicates that the business would be operated at a low level providing an operating base for a sole trader who is currently self employed as a mobile mechanic. The statement also states that the breaking of vehicles would be low key with sales of these parts centred on line.
6.2 The site is Located within an area of Special Scientific Interest and Beauty and other than the presence of the pumping station, is wholly residential in is character with a small two storey block of flats located on the edge of the curtilage of this building positioned some 15m to the east of the pumping station and sharing a vehicular access onto Glen Rushen Road. Indeed, the residential character of the area was recently emphasised by the planning permission in principle granted in 2014 (13/00609/B) for the demolition of the Filter building and the redevelopment of the site for residential use. This was in accordance with guidance contained within the Spatial Policies of the Isle of Man Strategic Plan 2016 which seeks to concentrate commercial development such as that proposed to the main employment areas of towns and the larger settlements designated as service centres.
6.3 Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing and this was the case with application (13/00609/B) in which no further reserved matters were received and therefore not implemented.
6.4 Spatial Policy 4: limits development in the smaller settlements such as Glen Maye to a level that would maintain the existing character of the settlement with any development being of an appropriate scale to meet local needs for housing and limited employment opportunities. In this respect, the applicant has sought to explain how the limited impact his operation of the site for vehicle maintenance and breaking of vehicle would not impact upon its surroundings and the residential amenities of neighbours. All activities would be carried out within the building with no outside storage, at least initially, only the applicant being employed. However, there are indications within both the application form and the supporting Design and Access Statement that more staff could be employed if the need arose with, potentially an increase in the intensity of the use and associated levels of disturbance generated.
6.5 A satisfactory vehicle access to the site would remain and, with the retention of 6 parking spaces, Highway services would raise no objection in this respect suggesting that the parking spaces be made conditional to the business and that vehicle parts be sold online only if planning permission were to be granted.
6.6 The function of the building as a Water Filter Station was unusual for a commercial use in terms of the low level of activity that it generated, sited by necessity, close to the water-course it served. Operation of the equipment within the filter station was largely self-sustaining, operated a very low noise levels and generating a very low level of vehicle inspections. This resulted in minimal impact upon the residential amenity of the nearby resident with no discernible impact upon the surrounding landscape quality.
6.7 Notwithstanding the applicants claim that there would be no noise nuisance from the proposed use with all works being carried out internally, the use of the building as a commercial garage and car repair enterprise would, by its very operation generate potential for noise nuisance in terms of running engines, use of equipment and raise issues of storage, spillage and storage of hazardous materials such as oil. Though the applicant has stated otherwise, there is nothing to stop customers from delivering and collecting their vehicles personally and utilising the parking spaces available nor collecting parts personally from the site.
6.8 Though it has been recognised by a recent planning permission in principle that the site has the potential to provide for additional housing stock for the village, the proposal would nonetheless be contrary to the requirements of Spatial Policy 4: in which smaller settlements such
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as Glen Maye have limited employment opportunities. Any development is expected to maintain the existing settlement character and should be of an appropriate scale to meet local needs.
6.9 Though the existing building would be retained and reused with little change to its external appearance, the use of the building for a car repair and breaking business would result in a material change in the use of the site with the potential of adversely affecting the residential character and amenity of residents within the area. On balance, the proposal would not comply with the requirements of Spatial Policy 4 of the Isle of Man Strategic Plan 2016 in failing to maintain the existing settlement character or be of an appropriate scale to meet local employment needs nor General Policy 4 (paragraph g) in being a development that would adversely the amenity of local residents or the character of the locality;
7.0 RECOMMENDATION 7.1 It is recommended that the planning application be refused
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
o The applicant, or if there is one, the applicant's agent; o The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land become vested; o 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 o The local authority in whose district the land the subject of the application is situated.
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. __
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 : Refused Date: 28.02.2019
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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