DEC Officer Report

Application No.: 19/00873/B Applicant: PennyBridge Investments Ltd Proposal: Conversion of existing equestrian riding school to provide eight light industrial (Class 5) units Site Address: Pennybridge Stables Main Road Kirk Michael Isle Of Man IM6 2HD Planning Officer: Mr Paul Visigah Photo Taken: 19.08.2019 Site Visit: 19.08.2019 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 03.10.2019 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The visibility available to drivers emerging from the site onto Main Road is not adequate for the proposed use which is likely to result in an increase in traffic using the access and as such would be detrimental to highway safety to all road users and therefore fails Transport Policy 4 of the Isle of Man Strategic Plan. - R 2. General Policy 3 and the definition of previously-developed land as set out in the Definitions and Glossary of Terms, requires development of such sites to "reduce the impact of the current situation on the landscape or the wider environment and where the development proposed would result in improvements to the landscape or wider environment." The proposed use would at the very least perpetuate the large scale of the building and most likely increase the frequency of traffic to and from the site and possibly the scale and amount of traffic. It is not accepted that the development would satisfy General Policy 3 and as such there is no justification for the proposed development. - R 3. The neighbouring residential properties would share the same access with the eight industrial units. The impacts of the proposed change of use on the amenities of the properties are likely to be adverse - the increased level of traffic, the likelihood of frequents comings and goings and an increased level of activity are considered to be unneighbourly and unacceptable for this reason. - R 4. The proposed development would be contrary to Environment Policies 1 and 2 of the Isle of Man Strategic Plan 2016 and the Kirk Michael Local Plan 1994 in that: - i) the site is not zoned for light industrial purposes and there are no exceptional circumstances to warrant a departure from the land use zoning and established planning policies within the adopted development plans (Kelly Bros. Industrial Estate is the designated - area while Beach field farm area is considered to be the potential site for future light industrial/craft workshop locations); and - ii) the development would be in an Area of High Landscape or Coastal Value and Scenic Significance' or in important landscape and coastal areas as recognised by any new landscape classification, without the capacity of being sensitively and unobtrusively integrated into the landscape. This will adversely affect the visual amenities of the locality when viewed from the Main Road as you approach from Ballaugh. - R 5. The proposed development would be contrary to Strategic Policies 1(c) and 6 of the Isle of Man Strategic Plan 2016 in that the proposed would be located within an area not zoned for research and development/light industrial or office developments and would be contrary to the land use designation of the Kirk Michael Local Plan 1994.

_______________________________________________________________ Interested Person Status – Additional Persons

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):

Highcroft, Ballavitchel Road, Crosby as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The site is a piece of land which is currently occupied by a large equestrian building which is situated behind the fuel filling station at the northern end of Kirk Michael village. The site is 55m long and 40m wide and is served by a lane from the public highway (A3). The lane runs past the shed to the farm yard where there are two farm dwellings and stables. The former railway line runs North West of the site separated by a timber camping shed. The access in to the site is to the south of the filling station and there is also an access off the Orrisdale Road, some 230m to the north east of the main access. - 1.2 The equestrian-related operation appears to be no longer viable as there appears to be no activity currently taking pace on the site. The application building is a large building with a footprint of 25m by 50m. There is a gravel covered parking area directly in front of the property which is connected to the access via two entry and exit points. This parking area is also served by the rear access connected to Orrisdale Road. - 1.3 Immediately to the south west of the site is The Old Vicarage, a residential property set in its own grounds. To the rear of this are two holiday cottages which are accessed through the access serving the application site. A small sign at the entrance to the site off the A3 identifies the cottages as graded tourist accommodation.

THE PROPOSAL

2.1 Proposed are works to the existing indoor arena building to convert it to eight light industrial (Class 5) units.

2.2 The initial works will involve the internal subdivision of the building into eight units to facilitate its use for light industrial purposes. Also, the works will involve the installation of eight dark grey coloured roller shutter doors and eight grey colour kingspan KS1100AB Quadcore pedestrian doors; with each pair on all the units on the south western elevation. - 2.3 Additional works will include the installation of a WC and rear escape/fire door at the rear of each of the units. A grey roller shutter door will be installed on the unit at the extreme of the south east elevation. As well, the parking area will be reorganised and laid out to accommodate 24 new parking spaces on site; 22 (5m x 2.5m) for standard parking and 2 parking spaces (6.6m x 3.6m) dedicated to parking for disabled users. - 2.4 The applicant indicates that existing property is an industrial unit that has for many years been actively used as a commercial riding school which is no longer commercially viable. The supporting statement asserts that their market research proved a need for this type of development within the locality and they have received a significant number of expressions of interest for such use for the property. - 2.5 Other proposal details contained in the supporting statement are summarised thus:

• i. The units are aimed at small businesses/start-ups.
• ii. It is the company's intention to completely renovate the building to include removal of the existing cladding and replacement with modern insulated cladding.
• iii. Hours of Business:

• - Monday - Friday: 8am to 5.30pm
• - Saturday: 8am to 2pm
• - Sunday: 10am to 1pm

• iv. Parking: Parking proposal achieves 1 space per 50square meters of floor area - loosely 3 allocated car parking spaces per unit.

PLANNING POLICY

3.1 The land which is proposed to be redeveloped, within the footprint of the existing indoor arena is designated on the Kirk Michael Local Plan of 1994 as 'Open Space (Agriculture)'. This land is part of the much wider area of Open Space which was identified on the Isle of Man Planning Scheme (Development Plan) Order 1982 which preceded the local plan, as of high landscape value and scenic significance. - 3.2 Part of the land currently serving as the parking area is designated as 'Residential'. The residential section stretches from the village to the site, ending along the northern side of the access lane from the A3 with a belt of Woodland identifying and protecting the trees around the periphery of the Old Vicarage. This section of the land also falls within the Kirk Michael Conservation area. However, the land concerned is so small that the site cannot be classified as being within a Conservation Area or of any Conservation interest. - 3.3 The surrounding land as well as the application site is identified on The Isle of Man Planning Scheme (Development Plan) Order 1982 as of High Landscape Value and Scenic Significance although this is not transferred into the Kirk Michael Local Plan which relates only to the built up part of the village and a small area surrounding it. As such, there is a presumption against development as set out in Environment Policies 1 and 2 of the Strategic Plan, General Policy 3, Spatial Policy 5 and Housing Policy 4. The Kirk Michael Local Plan also recommends that "with the exception of areas already proposed for development use, no areas of open space should be released for development" (Paragraph 12.4). - 3.4 As the core of the land area proposed for the development is not designated for development, General Policy 3 and Environment Policies 1 and 2 are applicable as follows:

• 3.4.1 General Policy 3 (in part): Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

• b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11)
• c) previously developed land which contains a significant amount of buildings; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment e) location-dependant development in connection with the working of minerals or the provision of necessary services;#

• 3.4.2 It is also worth mentioning the definition of 'Previously Developed Land' as contained in Appendix 1 of the Strategic Plan. 'Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure.' The definition includes defence buildings, but excludes:

• o Land that is or has been occupied by agricultural or forestry buildings.
• o Land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures.
• o Land in built-up areas such as parks, recreation grounds and allotments, which, although it may feature paths, pavilions and other buildings, has not been previously developed.
• o Land that was previously-developed but where the remains of the permanent structure
• or fixed surface structure have blended into the landscape in the process of time (to the extent that it can reasonably be considered as part of the natural surroundings). There is no presumption that land that is previously-developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed.

• 3.4.3 Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative".
• 3.4.4 Environment Policy 2: "The present system of landscape classification of Areas of High Landscape of Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

• a) the development would not harm the character and quality of the landscape; or
• b) the location for the development is essential".

• 3.4.4 Environment Policy 23: When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours.
• 3.4.5 Section 7.4 of the Strategic Plan 2016: Landscape Protection

• 7.4.1 Development which is permitted in 'Areas of High Landscape or Coastal Value and Scenic Significance' or in important landscape and coastal areas as recognised by any new landscape classification, will be subject to higher design standards than would normally be required. Development must be properly integrated into the landscape in terms of scale, materials, architectural style, engineering works and landscaping. Landscape features such as trees, hedgerows, sod banks or traditional stone walls which are important to landscape character should be retained. In cases where development is not capable of being sensitively and unobtrusively integrated into the landscape, permission will not be granted.

3.5 Due the nature of the existing use and the proposed use, there are further policies relevant within the Strategic Plan.

• 3.5.1 Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.
• 3.5.2 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.

• 3.5.3 Strategic Policy 6: Major employment-generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans.

3.6 The Kirk Michael Local Plan Written Statement will also provide valuable insight that will guide the assessment of the application. Policy 6.5, 6.6, 6.7 and 6.8 are particularly relevant.

• 3.6.1 Policy 6.5 'Kelly Bros. Industrial Estate is seen to be the logical area for any additional industrial development appropriate to the scale of the village. This should be encouraged'.
• 3.6.2 Policy 6.6 Consideration should be given to the development of small scale industry such as small workshops or appropriate High tech. Research and Development undertakings of a specialized nature, craft workshops, traditional skills and activities which can be satisfactorily integrated with the fabric of the village.
• 3.6.3 Policy 6.7 No additional industrial developments other than those which fall into the preceding categories are envisaged in the Michael Area.
• 3.6.4 Policy 6.8 The potential of the Beach field farm area for light industrial/craft workshop should be examined. PLANNING HISTORY

4.1 The site has been subject to a number of applications for alterations and changes of use on this site, including the Approval in principle for the erection of two detached dwellings with associated parking on site of existing riding arena, addressing siting and means of access (15/00539/A) which is particularly relevant to the current application as the application ignores the previous approval and seeks approval to override the existing approval in order to provide eight light industrial (Class 5) units on the site.

• 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 OBJECT to the application in letter dated 6 September 2019. The comments:

This site is located off Main Road on the northern edge of Kirk Michael adjacent to the petrol filling station. The access is limited in terms of its width and suffers from poor visibility to the right looking south for vehicles emerging out of the access onto Main Road. Notwithstanding the extant use of the site, there are concerns that the proposals represent a material increase in traffic, particularly that of commercial vehicles. There is no supporting evidence in the form of a Highways Note/Statement to justify the development. As a result, the proposals do not provide a safe or convenient access which is therefore considered contrary to GP2 (h) of the strategic Plan. Refusal is therefore recommended.

5.2 Michael Commissioners have stated that they object to the application with the following comments in a letter dated 2 October 2019:

The Commissioners object to this application due to the land being agricultural and not zoned for industrial units; it is also serviced by a narrow lane, leading to a restricted exit onto the Main Road. We think it would lead to more heavy traffic going through the village.

5.3 The Owner of Highcroft, Ballavitchel Road, Crosby has written in to object to the application in a letter dated 30 August 2019. The comments:

I wish to lodge an objection to the above application on the grounds on prematurely, noncompatible use and defective entrances to the site. On premature there is more than required around the main centre of employment. No case has been made for this form of deployment to serve the local area which is agricultural. On compatible it is not compatible with existing adjacent land use being horse stables and centre. On highway the site boundary does not include an area for a roadway.

If it is minded to approve the application no valid conditions can be applied as they would be out with the site boundaries as submitted. I would request that the applicant is required to submit revised plans within the planning area site together with visibilty areas are marked on the plan.

ASSESSMENT

6.1 Principle

• 6.1.1 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'. Based on the foregoing, it is vital to note that light industrial (Class 5) uses are compatible with residential use and as such can be situated in facility within close proximity to residential areas. However, the parking of vehicles and the increased traffic generation (seeing the site would possibly accommodate eight start-ups) compared to the approval (in principle) for residential use (PA 16/01375/A) would be at variance with the dominant residential use in the area as it has the potential for

• 'undue generation of traffic or parking of vehicles', due to the scale of the industrial use in this particular context.
• 6.1.2 Whilst the opportunities for employment are limited within Kirk Michael and the development would afford the opportunity for employment generation, the proposal site is located away from the town centre and other industrial activities where it will benefit from existing and planned infrastructure, facilities and services and as such contradict the principles set in Strategic Policy 1(c).
• 6.1.3 Likewise, it is not clear whether the changes to the facility will result in additional employment or the relocation of existing light industrial businesses to the location. It is noted that permission was given for the change of use of a former bank building premises at 26 Main Road, Kirk Michael to light industrial use (PA 13/00684/C). However, that application was for an already existing business in need of expansion; with sufficient justification provided for ta larger facility and choice of location; and as such the development was not speculative, like the proposed. Besides that site is at the centre of the town and in close proximity to the 'Kelly Bros Industrial Estate which is the designated area for any additional industrial development in Kirk Michael. Allowing the proposed to proceed would set the stage for the proliferation of industrial sites in Kirk Michael, violating the local plan. It is also vital to note that Beach field farm area has been suggested in the local plan for consideration as an area for light industrial/craft workshop location, thus supporting the proposed in a location not within the suggested site area will defeat the goal anticipated by the local plan.
• 6.1.4 The application site is designated as ' high landscape value and scenic significance'; however the proposal is for 'light industrial use'; the conversion constitutes a change of use from agricultural (equestrian-related operation) which the land zoning does support to light industrial which will be at variance with Section 7.4 of the Strategic Plan. Granting the proposed use is for a redundant building, the principle would not conform to General Policy 3 as the development would not reduce the impact of the current situation on the landscape or the wider environment. As well, the development proposed would not result in improvements to the landscape or wider environment and as such will fail the requirement stipulated in GP3 (c) for previously developed land. 6.2 Character and appearance

• 6.2.1 This proposal does include works to the external elevations of the building, with works proposed to restore the appearance of this building which is currently of poor form. The applicant has confirmed that they intend to completely renovate the building with proposed works to include the removal of the existing unsightly cladding and replacement with modern insulated cladding. However, it is noted that the proposed external works will exacerbate the already distracting nature of the development to the area which is identified in sections 18.12 and 18.13 of the character appraisal for Kirk Michael Conservation Area which states:

"At the northern end of the village are situated the Pennybridge Stables. In recent years an indoor riding school of steel portal frame construction, clad in corrugated panels with a matching corrugated roof has been built. Unfortunately when entering the village from the north, the blank, flat rear elevation of this building is particularly dominant and unsightly.

The gable wall of this building is also visible adjacent to the Total Filling Station. This building is out of scale and proportion with anything else within its vicinity, and dominates the vista to the west of the road when entering the village. There is, however, a triangular area of coppice directly in front of the rear wall of the building, and the impact should be softened in future year as these trees mature".

• 6.2.2 Based on the foregoing, it is concluded that the proposed modern cladding will make the area appear industrial and exacerbate the already distracting views, which will serve to

• further detract from the character of the adjacent Conservation Area and the residential surroundings.
• 6.3 Impact to neighbours

• 6.3.1 Environment Policy 23 requires that the proposed changes should not have adverse impacts on existing neighbours. It is noted that the proposed 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. However, the increased vehicular use of the single lane into the area has the potential to intensify the nuisance associated with vehicle use in this residential neighbourhood.
• 6.3.2 Planning approval in principle for redevelopment of the building for solely residential development (ref 16/01375/A) was previously granted on the site. In terms of neighbour impacts, it is considered that the business would be significantly more disruptive than the approved use; as the equestrian use had become redundant. The proposed has a greater potential for noise, and increased level of traffic as it is proposed to serve eight industrial units. This would result in adverse impacts on their living conditions, as well as the use of the shared access with the existing residential use.

6.4 Impact on Highways and Parking

• 6.4.1 The use of the building for industrial purposes will generate significantly more or different traffic or parking requirements compared with the coming and going of horse carts and cars accompanying the now redundant equestrian use. This is hinged on the fact that there is a likelihood of more businesses using the site based on the proposed plan. As well, the submitted application does not demonstrate that the required visibility splays can be achieved in both directions and therefore the proposal would also be detrimental to highway safety to all road users and therefore fail Transport Policy 4 of the Isle of Man Strategic Plan." CONCLUSION
• 7.1 The proposal would unacceptably harm the character of its surroundings as it would exacerbate the already poor views associated with the existing by making it more prominent, and would result in adverse impacts upon the living conditions of neighbouring residents. The proposal, therefore, is contrary to the guidelines stipulated in the Kirk Michael Local Plan, General Policy 3, Environment Policy 2, and Environment Policy 1 and as such is recommended for refusal. 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.

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: 03.10.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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