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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00146/C Applicant : SMS Trading Proposal : Additional use of Light Industrial unit to include the assemblage, storage and display of large furniture items with a small element of sales usage Site Address : Unit 24 Gladstone Park Industrial Estate Ramsey Isle Of Man IM8 2LA
Planning Officer: Paul Visigah Photo Taken : Site Visit : 15.05.2024 Expected Decision Level :
Recommendation
Recommended Decision:
Refused Date of Recommendation: 13.08.2024 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R .1 The proposal includes retail use and has not provided sufficient justification that either: the items could not be reasonably sold from a town centre location because of their size or nature; or the items are produced on the site and their sale could not reasonably be severed from the overall business. Furthermore, insufficient evidence has been provided to demonstrate that the proposal would not detract from the vitality and viability of town centre shopping areas. The proposal is, therefore, considered to be at variance with the goals of Business Policies 5 and 10, and Strategic Policies 9 of the Strategic Plan.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The application site is Unit 24, Gladstone Park Industrial Estate, Ramsey which is a unit situated within a block of eight units within the Gladstone Park Industrial Estate. The unit sits within an existing industrial site which is accessed via the Poyll Dooney Road. To the North of the site are several fields which are zoned as "Light Industrial" on the Ramsey Local Plan 1998,
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to the East of the site is the Ramsey Sorting office and housing situated to the South and West. There are two car parking spaces associated with the unit to the front.
2.0 THE PROPOSAL 2.1 Planning approval is sought for Additional use of Light Industrial unit to include the assemblage, storage and display of large furniture items with a small element of sales usage.
2.2 The applicants have indicated the following in their supporting statement: a. The business gets very little Vehicular Traffic at the site, and occasional foot traffic from people living in the surrounding areas. b. The business does not sell Pound line and Electrical Products that were usually sold in Parliament St, but just new and used Furniture. c. The Operating hours here are shorter as there is more demand for a Delivery Service due to the on-line Sales. d. The business needs the space here for the storage and building of larger items such as wardrobes, beds, chests of drawers, mattresses, sofas etc. e. The business just can't operate from a shop as the demand has changed for what is sold by the business. A refusal of this planning application would put the business out of operation. f. The business is predominantly light industrial but needs an aspect of sales to get occasional visits from customers to the warehouse. g. The applicant is the sole operator of the business and there is no other staff working at the business. The applicant occasionally gets his dad who is retired to help with deliveries of larger items if the customer is unable to assist. h. Parking outside the unit is for customers, but the parking spaces are used in the morning to unload and load deliveries and collections. i. Additional Parking is plentiful within the Estate if needed as Highlighted in PLAN C103. j. The Operating Hours are: o Monday, Tuesday, Thurs & Friday 10am - 4pm and Saturdays 10am - 3pm o The business is closed on Wednesdays, due to needing a full day for deliveries/collections and customer installations.
2.3 The following information has also been provided as further information on the application form: "The Nature of my Business has completely changed here regarding Customers visiting. I do a lot more Online Business with Facebook, Whatsapp and Email enquiries and therefore don't get the Vehicular or Pedestrian traffic that I used to get. I also visit customers in their homes to take orders. I do still get occasional visitors to me though so need a small element of sales usage."
3.0 PLANNING POLICY 3.1 Site Specific 3.1.1 The site is within an area designated as 'Light Industrial Use' under the Ramsey Local Plan Order 1998 (Map 2), and the site is not within a Conservation Area. The site is prone to surface water flood risks.
3.2 National: STRATEGIC PLAN (2016) a. General Policy 2 - 'Development Control' considerations. b. Strategic Policy 1 - Efficient use of land and resources. c. Strategic Policy 2 - focus new development in existing settlements unless complies with GP3. d. Strategic Policy 9 - All new retail development must be located within the town and village centres. e. Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel. f. Transport Policy 1- best located close to existing transport links.
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g. Transport Policy 4 - Highway Safety h. Transport Policy 7 and Appendix A.7.6 - Parking Provisions. i. Business Policy 1 - encourages growth of opportunities. j. Business Policy 5 - Permission will be given only for industrial or for storage and distribution on land for industrial use; retailing will not be permitted except where either: (a) the items to be sold could not 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 be 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.
k. Business Policy 7 - New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; with exception of approved Business Parks for Corporate Headquarters and buildings of acknowledged architectural or historic interest. l. Business Policy 9 - Supports 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. m. 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. n. Strategic Policy 9 - All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park(1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8. o. Environment Policies 10 and 13 - flood risk. p. Community Policy 7 - designed to prevent criminal and antisocial behaviour. q. Community Policies 10 and 11 - implement best practice so as to reduce outbreak and spread of fire. r. Definition of 'LIGHT INDUSTRIAL': Light Industrial is defined within section 9.2.3 of the Isle of Man Strategic Plan 2016 as "an industrial building (not being a special industry building) in which the process 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; the use of light industrial buildings for research and development of products or processes is permitted by the Town and Country Planning (Permitted Development) Order 2005."
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Draft Local Economy Strategy 2024 - 2034 4.1.1 OUR STRENGTHS AND OPPORTUNITIES - Opportunity to think creatively to provide new reasons to visit town centres.
4.1.2 PILLAR 1: INFRASTRUCTURE & PLACE MANAGEMENT "1.2 Invigorate High Streets and Catalyse Vibrancy o Directly support initiatives that stimulate high street footfall. o Make events easier to hold. o Incentivise and support improvements to the public realm. o Support the development of new attractions in town centres."
4.1.3 Retail Sector Strategy Vision August 2013 "To promote competitive and accessible retail and leisure environments in our town centres, which offer choice and convenience for consumers, improve the economy and enhance resident's quality of life"
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4.1.4 Strategic Goal 1.5: Implement Strategic Planning Policy 4.1.4.1 "Objectives a. Ensure appropriate planning policy is in place to facilitate the application of a town centre first approach to development and to ensure retail, leisure, and hospitality is concentrated in town centres where possible. b. Develop planning policy that provides for changing consumer and business demands and leads to future-ready high streets. c. Boost footfall and fill vacant premises in town centres and high streets.
4.1.4.2 Actions
4.2 Isle of Man Government Employment Land Review 2015 (Amended January 2017) 4.2.1 Paragraph 2.8: "Strategic policy then directs major employment-generating development to appropriately allocated land and existing centres (Strategic Policy 6). Strategic Policy 7 seeks to ensure that undeveloped land allocated for industrial, retail or office purposes is retained and protected for these uses."
4.2.2 Paragraphs 2.20 and 2.21: "2.20 The Isle of Man's fiscal differentiation from the UK and Ireland has led to the development of a financial and business services sector much larger than might be anticipated for similar-sized areas in the UK. However, the scale of its manufacturing, distribution and warehousing sectors is more proportional. With limited demand, some of the areas allocated for industrial use have witnessed pressure from retail, retail services, showroom, community services and other uses. As these values generally command higher rents than industrial and storage uses, where such development has taken place, it has tended to influence value expectations and generate continued pressure for uses not covered by the original allocation. In some cases, different customer access, loading, delivery and parking requirements have created use conflicts and created capacity issues at some road junctions." 2.21 While acknowledging that allocations should contain some flexibility to reflect the size of the economy and the changing nature of sector demand, care also needs to be taken to ensure land and premises are available to encourage the maintenance and expansion of particular employment uses in environments suited to their operation."
4.2.3 Issues from Stakeholder Discussions Section 6.2
"Business Environments o Importance of the town centre and broader elements which contribute to quality of life
5.0 PLANNING HISTORY
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5.1 The site has been the subject of the following planning applications which are considered relevant in the assessment and determination of the current application. These include:
5.2 PA18/00526/B - Sub Division of existing units to create eight units with associated doors and use of unit 25 as a bakery (retrospective) - Permitted.
5.2.1 Condition 2 for the above application states: "All Units hereby approved may only be used for light industrial or research and development, as defined by the Town and Country Planning (Permitted Development) Order 2012, Schedule 4, Use Class Order, Class 5 or any future subsequent Permitted Development Order. Reason: The overall estate has been designed for light industrial purposes only and the application does not seek to alter the use classes of the previously approval and therefore the application has been considered on this basis only."
5.3 PA 21/00937/C for Change of use from light industrial to the assemblage, storage and sales of furniture goods. This application was refused for the following reasons: "The proposed change of use from light industrial for the sale of furniture goods of this size and nature would be contrary to the Strategic Policies within the Isle of Man Strategic Plan 2016 which aim to protect the vitality of towns centres, specifically Business Policies 5, 9 and 10 of the Isle of Man Strategic Plan 2016 which are all in place to direct retailing development to town centres where the proposed retail could be reasonably sold from within a town centre location, or due to their size and nature from an area zoned as industrial use.
The proposed items for sale can be sold (and were sold) from within the town centre location, of which there are several sites on the Island who already do this."
5.3.1 The planning Officer, in assessing the retail sale of goods from the site made the following comments in the Officer Report: "6.2.9 Throughout the town centres on the Island there is a wide range of furniture shops from antique shops to charity shops with most of the shops selling small sized second hand furniture. There are also a few large scale furniture stores within the town centres, with specific mention of Ramsey which has Millichaps, Peel which has Paradise & Gell and Douglas which apart from M&S, Next, TKMaxx & Rehab Squared within the main town centre and Homeco/ Bedco situated to the outskirts of the town centre.
6.2.10 There are also a number of large scale furniture shops situated within the industrial estates around the Island such as Lifestyle Furniture, Select Furniture, B&B and a few charity shops. Having looked at the information for the sites above (apart from the separate charity shops), free delivery is given Island wide on items or collection is available.
6.2.11 There seems to be a wide divide in the items available from each site, with the smaller scaled furniture items being sold from town centre positions and the larger scale furniture items being sold from outside the town centre positions. This can be seen to be the case for the applicants company which for the last 10 years has functioned from a town centre location.
6.2.12 Having visited the site, the reasoning for the change from a town centre position to an industrial unit does not hold true. The shop itself did not have the space within it, with the current furniture, to provide space for assembly of large scale furniture items and having looked at historic photos of the previous locations that the company has occupied, the furniture items have not changed in size or type.
6.2.13 As stated above Business Policy 5 of the Isle of Man Strategic Plan is specific in that the items which are sold cannot be reasonably sold from a town centre location because of their size or nature. The site around the Island which sell furniture from town centre positions, sell
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the same sized second hand furniture that SMS Trading sell with a few sites selling larger scaled items.
6.2.14 It is possible that the sale of furniture from the proposed site, where they could have otherwise been sold from a town centre location is likely to contribute to a reduced footfall in the town centre and therefore in the reduction in the vitality and viability of the town centre which is the main reason for Strategic Policy 9, "Viable and vibrant town and village centres not only provide the opportunity for economic success, but also provide convenient and accessible amenities for all members of the community and an opportunity to obtain renewal of our poorer built fabric."
6.2.15 It is well known that vacant retail units have a negative impact on the vibrancy of the town centre, with the properties often suffering from a lack of maintenance which in turn has an adverse effect on the town's built environment, of which Ramsey Town Centre has several.
6.2.16 As such it is considered that the retail use in question would be unacceptable in terms of its impact or potential impact on the Islands town centres and that the relatively small amount of items available from the unit at the time of the officers site visit was not enough to warrant a departure from this Strategic Policy and as such the proposed change of use is contrary to Business Policy 5 & Strategic Policy 9."
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 DOI Highways find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking as there is adequate turning and parking provision on the site and within the estate for the operation and staff/visitors of the proposals. (16 February 2024).
6.2 Ramsey Town Commissioners have not made any comments on the application although they were consulted on 12 February 2024.
6.3 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The key Issues to be considered in the assessment of this application are: i. Principle of Development; ii. Traffic Impacts / parking provision; and iii. Flooding concerns.
7.2 PRINCIPLE & IMPACT ON TOWN CENTRE (BP 5 & 10, STP 9, & GP2) 7.2.1 In assessing the principle of the proposed retail use of the light industrial unit, it is considered that Business Policies 5 and 10 of the Strategic Plan are clear in placing restrictions on the sale of goods from premises in industrial areas. The application site sits within an area of Light Industrial use on the Ramsey Local Plan, as such this restriction is applicable.
7.2.2 It is also considered that the exceptions set out within Business Policy 5 are for the retail sale of items that could not reasonably be sold from a town centre location, because of their size or nature; or for the retail sale of items that are produced on the site. In either case, it would be necessary to demonstrate that retailing on the land which is zoned as industrial would not detract from the vitality and viability of the appropriate town centre shopping area.
7.2.3 Further to Business Policies 5 and 10, Paragraph 9.2.6 of the Strategic Plan also gives examples of items that cannot generally be sold from a town centre location. These include motor vehicles, builders' materials, and agricultural equipment and feed; which are indicative of
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the size and type of items that would come within the scope of the exception allowed by Business Policy 5a. Traditionally such items are not traded from town centre shops, due to their size and nature.
7.2.4 In the case of the current application, the items to be traded from the unit are mainly furniture and their size is not such that cannot be easily sold within town centre locations. It should be noted that throughout the town centres on the Island, there is a wide range of furniture shops from antique shops to charity shops, as well as shop selling new furniture, with most of the shops selling small and medium sized furniture. There are also a few large scale furniture stores within the town centres, and these make it difficult to accept that the current furniture indicated on the submitted photographs, which are predominantly small and medium sized furniture cannot be sold from a town centre location. Thus, the scheme as proposed would fail to comply with Business Policy 5 (a).
7.2.5 Likewise, a review of the submitted photographs and floor layout also shows that the unit which is the subject of the current application does not have the sufficient space within it to accommodate the furniture it sells, and the assembly of large scale furniture items, and this would weaken any arguments that there would be reasonable furniture assembly within the site, which would strengthen Business Policy 5 (b) as a basis for allowing the sale of the assembled furniture on site. Besides, there are a number of furniture shops on the island which offer free delivery of items or delivery of items upon payment
7.2.6 Also vital for consideration is the Draft Local Economy Strategy 2024 - 2034 which clearly seeks to creatively provide new reasons to visit islands town centres which are currently experiencing decline in terms of vitality and viability. This strategy document aims to ensure appropriate planning policy is in place to facilitate the application of a town centre first approach to development and to ensure retail, leisure, and hospitality is concentrated in town centres where possible, whilst also boosting footfall and fill vacant premises in town centres and high streets; conditions which the current scheme would serve to negate given that it aims to further attract retail activities from the Ramsey Town centre. It is well known that vacant retail units have a negative impact on the vibrancy of the town centre, with the existing properties often suffering from a lack of maintenance due to non-occupancy which in turn has an adverse effect on the town's built environment, of which Ramsey Town Centre has several.
7.2.7 In addition, the Employment Land Review notes that some of the areas allocated for industrial use have witnessed pressure from retail, retail services, showroom, community services and other uses, which generally command higher rents than industrial and storage uses, and this has tended to influence value expectations and generate continued pressure for uses not covered by the original allocation of these sites for industrial use. It further notes that in some cases, different customer access, loading, delivery and parking requirements have created use conflicts and created capacity issues at some road junctions; factors which highlight the broader conflicts associated with the growth of retail activities and uses within industrial areas, such as the Gladstone Park Industrial Estate, and these conflict with the provisions of Business Policy 5 and 10, as well as Strategic Policy 9.
7.2.8 Overall, it is considered that the sale of furniture from the proposed site, where they could have otherwise been sold from a town centre location holds the potential to contribute to a reduced footfall in the town centre, and therefore in the reduction in the vitality and viability of the town centre, contrary to the provisions of Strategic Policy 9. No information has been provided to demonstrate that the proposed development would not affect the vitality or viability of Ramsey Town centre. Therefore, it is considered that the retail use of this light industrial unit would be unacceptable in terms of its impact or potential impact on the Islands town centres, and sufficient justification has not be provided to allow for a departure from the policy objectives of Policy 5 and Strategic Policy 9. The proposal is, therefore, considered to be at variance with BP 5 & 10, STP 9 of the Strategic Plan.
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7.3 TRAFFIC IMPACTS/PARKING PROVISION (GP 2 & TP7) 7.3.1 In terms of the parking impacts associated with the proposed development, it is noted that there are no specific standards stipulated within the strategic plan for retail uses, due to the fact that most shopping facilities are situated in established centres which do not have on- site parking provided due to the intensive form of development and their location off the main highway, often in pedestrianised streets as is obtainable in Peel, Castletown, Douglas and Ramsey in particular. Notwithstanding the above, emphasis is placed on the need for retail uses to have access to public car parking either in car parks or on street, and that adequate controls are in place for these spaces to be available to those who need them.
7.3.2 In the case of the current application, it is noted that the scheme seeks to introduce retail use in an industrial area, situated away from the established town centre, and where only two parking spaces are allocated to the unit, with retail uses of a nature which tend to attract more parking requirements than light industrial uses. It is, however, worth noting that the there are other unallocated parking areas within the broader industrial estate which could be used by visitors to the site, with a visit to the area showing that parking is not a concern within the estate. As such, it is considered that the parking available would be sufficient for the proposed use of the unit.
7.3.3 Consequent on the factors highlighted above, it is not considered that the scheme as proposed would create undue parking demand such that associated vehicles would be parked indiscriminately, resulting in highway safety concerns for other road users.
7.3.4 Based on the foregoing, it is considered that the proposed scheme would be in conflict with the requirements of General Policy 2 (h & i) and Transport Policy 7 of the Strategic Plan.
7.4 FLOODING CONCERNS (EP 10 & 13, & GP 2) 7.4.1 General Policy 2(i) and Environment Policy 13 assert that development which is prone to unreasonable risk or unacceptable risk from flooding (either on or off-site), will not be permitted. With the current application, it is noted that the site sits within an area that is prone to surface water flood risks, as indicated on the islands indicative flood map for the area. However, there would be no changes to the floor level, fenestration positions and sizes, or changes to the site level, which would increase the vulnerabilities beyond that which is present at the property, given that the proposed change relates only to the use of the unit.
7.4.2 Further to the above, the floor level of the unit is set considerably above the site level and level of the adjoining highway, such that water ingress would likely not occur should flooding occur in the area. Based on the foregoing, it is not considered that there would be unreasonable risk or unacceptable risk from flooding sufficient to warrant refusal of the scheme.
8.0 CONCLUSION 8.1 Overall, it is considered that the proposed development would be contrary to the requirements of the aforementioned policies within the Strategic Plan, as it proposes retail use in an area zoned for industrial use, and insufficient justification has been provided to demonstrate that the proposal would not detract from the vitality and viability of town centre shopping areas, or diminish the supply of industrial land for such purposes. The application is therefore recommended for refusal.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure;
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(d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 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 above who should be given Interested Person Status __
I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Refused Date : 14.08.2024
Determining officer Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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