Loading document...
==== PAGE 1 ====
24/00312/C Page 1 of 10
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00312/C Applicant : Mr Charles Simpson Proposal : Additional use as health centre (Class 4.1) to allow small part of the building (approx 50 sq m) to be used for a pharmacy dispensing site and health care service for practicing professionals to deliver care consultations to patients by appointment. Site Address : BMS House Port Way Balthane Industrial Estate Ballasalla Isle Of Man IM9 2AJ
: Graham Northern Photo Taken : 30.04.2024 Site Visit : 30.04.2024 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 09.05.2024 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The use of the premises hereby approved shall be for the benefit of the applicant only and shall be carried out in accordance with the internal layout drawing referenced "BMS House floor plan", which shall be retained for the duration of the occupation of the applicant.
Reason: For the avoidance of doubt and the application has been assessed on the basis of the nature of the applicants business and to avoid any increase in the number of consultation rooms on the site and to ensure that the dispensing area does not increase beyond that upon which the application has been assessed.
C 3. The proposed additional use as a dispensing pharmacy and clinic hereby approved shall be limited to:
==== PAGE 2 ====
24/00312/C Page 2 of 10
Reason: For the avoidance of doubt and to prevent the wider sale of retail goods within an industrial estate.
This application has been recommended for approval for the following reason. Whilst the objections regarding the impact on local centres are noted it is considered that the additional use of the building as a pharmacy dispensary and clinic is ancillary and linked to the main use of the building would broadly be in accordance with Business Policy 1 and 5, it is not considered to adversely impact on the general amenity of the area and is in compliance with General Policy 2. In addition the ancillary and small scale nature of the proposal it is not considered that the proposal would be contrary to the policies that seek to control the location and nature of new retail and commercial development as outlined at page 11) para 3.4 (d) of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This decision relates to drawings and information submitted on 14 March 2024, and the parking assessment plan dated 24.04.24. __
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):
23 Birch Hill Onchan 26 Close Famman 38 Knock Rushen Santon Heights Ballasalla Port E Chee Tromode Road 7 Carrick Bay View Colby Meadowfield Croit e Caley Colby The Estate Office Parville Court Balthane Ballasalla Unit 1 Ackerman Court Balthane Ballasalla 45 Knock Rushen 2 Kensington Place Onchan 2 Montreux Court Douglas The Meadows Port E Chee Douglas 82 Magherrosien Pony Fields Port Erin 82 Balliargey Abbeylands Forest Lodge Strang Road Union Mills 4 Africa Court, Douglas Shearwater, 3 Fistard Grove Ballakilley Barn Church Road 1 Shore Road Bay Ny Carrickey Port St Mary. 25 Empress Apartments, Douglas Riversdale, Strang Road, Union Mills 59 Arbory Street 10 Knock Rushen, Castletown Balliargey Abbeylands Unit 6 7 A Balderton Court
==== PAGE 3 ====
24/00312/C Page 3 of 10
Ballacree Farm Ronague Road Ballachrink Farm Glen Road 14 Croit Ny Glionney 10 Ballabridson Park. Ballachrink, Bayr Ballagawne
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; are 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; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as 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.
It is recommended the following Government Departments should not be given Interested Person Status as they have not made representations that are considered material : o DHSC __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSED USE IS CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR APPROVAL.
1.0 THE SITE 1.1 The application site is curtilage of BMS house, Port Way, Balthane Industrial Estate. The units sits to the central part of the industrial estate and is relatively new in its design and built form with office accommodation at the first floor and ground floor area and approx. 15 car parking to the front of the building. The front elevation is characterised with Upvc windows to the ground and first floor and finished with painted masonry to the ground floor and vertical grey cladding panels to the first floor with blue accents around the window frames.
1.2 The property sits gable facing onto the inner roadway and having a more office appearance than industrial. To the east (side) of the building a roadway giving access to the rear proportions and access into the rear of the building with a garage type loading bay / doorway. The building is part two storey at the front and single storey to the rear.
2.0 THE PROPOSAL 2.1 Proposed is the additional use of the premises for pharmaceutical dispensary services and associated health services (Class 4.1). There are no physical alterations to the external fabric of the property.
2.2 The floorplans show that the extent of the application in relation to the wider buildings floor space and the change of use subject to this application equates to 50 sq. metres of the 700 sq. metres of BMS House which is less than 10% of the building.
2.3 The application was supported by a covering letter which states; "Our business model is of a Pharmacy Dispensary. Our offering in simple terms is private consultations, private prescriptions or the fulfilment of Manx Care prescriptions. There is no retail shop to walk into, and, no items placed upon shelves to purchase. All medicines will be supplied on prescription.
There are 3 ways to obtain your medication from Kingsley Muti: 1- Home delivery from in house courier 2- Through the post office for next day delivery
==== PAGE 4 ====
24/00312/C Page 4 of 10
3- Collection from Kingsley Muti
We foresee a small portion of collections from Balthane as most monthly prescriptions are "repeats".
Private consultations are available for patients with acute needs. These rooms also gives patients the chance to ask clinicians questions regarding their medication, and also ensures patient privacy. This is good practice in any setting where medication is dispensed. There are 3 pharmacies located in Castletown and Ballasalla. -they are NOT DISABLE friendly. - no designated parking. -deliveries are accessed from the main road only. -they have a poor record of opening hours. -Castle Pharmacy was under a "Fitness to Practice" Investigation. - minimal clinical services. -carry minimal stock. -no private, secure consultation rooms. We envisage 3 full time pharmacists, 3 dispensers, 2 receptionist and 2 delivery drivers. All staff will have the opportunity to learn and enhance their skills in the healthcare sector". 2.4 The proposal does not involve any material alterations to the external fabric of the building. 2.5 The proposals include 3 consultation rooms created to offer private consultations on an appointment basis as would occur in a health clinic. 2.6 The application is also supported by the following information from the applicant:
Letter from Isle of Man Post Office dated 01.03.24 which states that Kingsley Multi are now set up on their Click and Dispatch Platform.
Letter from Manx Care dated 12.10.23 which states they are in support of Kingsley Multi`s application for inclusion in the Pharmaceutical List and will be included in the list from 16.10.23.
Email from Mark Grace of Black Grace Cowley Commercial dated 05.03.24 which states that a building with space to accommodate a 3 metre tall robot for medicine dispensary is unlikely to be found in a town centre or retail unit.
Letter from John Bellis Fire Safety Management and Staff training services LTD dated 03.03.24 which states they're involvement in the fire safety and health and safety management for the building and that the building complies with disability requirements and they support the applicants vision of bringing the Isle of Man healthcare into the future.
Letter from the Department Of Health and Social Care dated 07.03.24 stating they neither support nor object.
A photo depicting certain pharmacy closure across the island was also submitted however this was merely demonstrating temporary closures i.e. changes to hours and day closures not permanent closures. 3.0 PLANNING POLICY 3.1 The application site is designated as; Industrial/Business Park on the Area Plan for the South Map 4, Ballasalla. There is a development brief contained with the Area Plan for the South Written Statement which states the following:
3.2. Paragraph 6.8.2: "The Balthane Industrial Estate is located just south of Ballasalla village. The Estate is used by a mix of businesses but incremental development, poor maintenance of buildings, roads and footways, has over the years, resulted in the Estate appearing neglected and unattractive in many parts giving a poor impression to the public, customers and businesses alike. It is recognised that the Estate is home to some uses which are essential to support the Island and also that there is scope for the general appearance and access to the Estate to be improved. There is considerable land available at Balthane which was first identified on the 1982 Development Order. It has been deemed appropriate to carry forward this designation into the Area Plan but there is a need to secure improvement works on the estate."
3.3 Employment Recommendation 1: "It is recommended that the Department of Infrastructure, the Department of Economic Development and Malew Parish Commissioners work collaboratively to produce a strategy for improvements at Balthane Industrial Estate. This will include general environmental
==== PAGE 5 ====
24/00312/C Page 5 of 10
improvements, and also improvements in respect of access, lighting and infrastructure in an effort to ensure that the Estate is an attractive place for both users and customers."
3.4 There are no policies which comment specifically on the use of industrial areas or sites for non-industrial purposes. This is dealt with in the Strategic Plan.
3.5 The site is not within a Conservation Area, there are no registered trees on site nor is it within an area of flood risk. It is appropriate to consider the following planning policies from the Isle of Man Strategic Plan 2016;
Business Policy 1 - Creation of employment opportunities 5 - Limitations on retail and only storage and distribution on industrial sites 10 - Retailing in established town and village centres
General Policy 2 - (b,c,g) - General development considerations
Transport Policy 4 - Highway Safety 7 - Parking Provisions
4.0 PLANNING HISTORY 4.1 23/01468/C - Additional use of the premises for pharmaceutical retail (Class 1.1) and associated health services (Class 4.1) REFUSED
4.2 07/01208/B - Construction of a workshop/factory building with associated office and ancillary accommodation including car parking. APPROVED.
4.3 Other applications within Balthane of relevance are as follows, all approved:
23/01342/C - Change of use from as storage unit to a personal training studio 22/00231/C - Additional use of site for the storage of classic cars and for car hire 21/01285/C - Change of use of existing warehouse into a leisure facility 20/00671/B - Conversion ground floor storage and first floor fitness studio 20/00304/C - conversion from general industrial to leisure 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 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.
5.0 REPRESENTATIONS (in brief - full reps can be read online) Statutory Consultations 5.1 Malew Parish Commissioners - do not object (30/04/24) 5.2 Highways Services - do not object (25/04/24) 5.3 Department For Enterprise - The application clarifies there will be no public access to the main storage, packaging areas or dispensing room. Consider the proposals play an important part in supporting a strong and diverse economy (12/04/24) 5.4 Health and Social Care - Have now registered the application site as a registered retail pharmacy. Our decision was based on the legal advice given, that we could only take into consideration the criteria identified within the Medicines Act 2003. We could not delay
==== PAGE 6 ====
24/00312/C Page 6 of 10
registration in respect of the lack of appropriate planning permission as we were not able to include in the criteria for suitability as we would for registrations under the Regulation of Care Act 2013. (03/05/24)
Public Representations 5.5 The following representations have been received as noted below whom amongst them raise the following thematic issues; In Objection a total of 7 addresses raising the following; o Competition for existing pharmacies and small businesses o Location should be in a town community o Increase in traffic congestion and parking o Access through an industrial estate for pedestrians not favourable o Threat to job security o Not suitable for an industrial estate o Increase of traffic flows
Objectors Addresses, 23 Birch Hill Onchan 26 Close Famman 4 Africa Court, Douglas 25 Empress Apartments, Douglas Ballachrink Farm Glen Road 14 Croit Ny Glionney 10 Ballabridson Park.
In Support a total of 23 addresses raising the following; o Support the growth of medical companies on island o Positive economic impact o Relieve pressure on GP's o Positive for drug security on island o Embracing new technology and innovation
Supporters Addresses; 38 Knock Rushen Santon Heights Ballasalla Port E Chee Tromode Road 7 Carrick Bay View Colby Meadowfield Croit e Caley Colby The Estate Office Parville Court Balthane Ballasalla Unit 1 Ackerman Court Balthane Ballasalla 45 Knock Rushen 2 Kensington Place Onchan 2 Montreux Court Douglas The Meadows Port E Chee Douglas 82 Magherrosien Pony Fields Port Erin 82 Balliargey Abbeylands Forest Lodge Strang Road Union Mills Shearwater, 3 Fistard Grove Ballakilley Barn Church Road 1 Shore Road Bay Ny Carrickey Port St Mary. Riversdale, Strang Road, Union Mills 59 Arbory Street 10 Knock Rushen, Castletown Balliargey Abbeylands Unit 6 7 A Balderton Court Ballacree Farm Ronague Road
==== PAGE 7 ====
24/00312/C Page 7 of 10
Online representation was received from Ballachrink, Bayr Ballagawne, however there was no content.
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) Principle (Gp2 Bp1,5) (ii) Previous Refusal (iii) Pharmacy Dispensary Use (iv) Health Centre Use (Bp5) (v) Visual Impact on the character of the area (Gp2b,c,g) (vi) Highway Safety (GP2 h&i)
(i) Principle 6.2 Whilst the site is not designated for these specific purposes, the proposed use does not easily fit into existing allocations within an industrial site designation. However it could be considered that the storage and delivery of prescription medication does provide a similar activity to that of a storage and distribution use (2.4). On the Island, a change in trends has occurred and a variety of industrial estates now see more public uses of the premises where there is no statutory nuisance from the activity indoors arising from noise, vibration, smell, fumes, smoke or heavy machinery operations.
6.3 The proposal affords 3 methods of obtaining medication with 1. Home delivery 2. Post office for next day delivery and 3. Collection. However the applicant states they "foresee a small proportion of collections from Balthane as most monthly prescriptions are repeats". Given medication requires prescription the use is not considered of a retail nature.
6.4 The majority of prescriptions will be sent out for delivery and this is akin to a storage and distribution use. If a person were to collect medication from the premises this would in all likelihood be a very small percentage and it is considered comparable to a DHL use where parcels are delivered but in the event someone is not home they can be collected from the warehouse depot as an example.
6.5 In terms of the proposed use, the site is zoned as industrial which covers a multitude of uses, whilst there is a degree of permitted development for uses on industrial sites for those specific use classes (2.1-office; 2.2 light industry and research and development; 2.3 General Industrial and 2.4 Storage and distribution) a small degree of retail can be anticipated but is very much dependant on the level and scale of the operational activity.
6.6 The secondary element of the proposals is the consultation rooms which affords a health care clinic scenario, the applicant notes they have been; "approved inclusion into the Pharmaceutical List by ManxCare, our contractual duties will include dispensing of ManxCare prescriptions direct to patient. As well as the ability to offer private prescription services to other patients. Our professional clinicians will always be on site to offer clinical interventions and advice to patients in our Consultation and Treatment Rooms...We will buy medicines then supply to the Pharmacies, and hospitals".
6.7 The proposed use here would be contained within the building and the use would not be out of keeping within the Industrial estate where there are a variety of business uses and would be of a small enough scale to not be detrimental to the overall land use designation or to those surrounding business uses. The additional services that are offered would be small scale in terms of the overall commercial scale of the business. The introduction of a new business element here would be supported through BP1 and would be seen to generate employment possibilities.
(ii) Previous Refusal
==== PAGE 8 ====
24/00312/C Page 8 of 10
6.8 The previous application under was refused at planning committee in February 2024 with the description of development being for "Additional use of the premises for pharmaceutical retail (Class 1.1) and associated health services (Class 4.1)", And was refused for the following reason,
The area is zoned for industrial use and as such the retail element of the proposal has failed to demonstrate why the proposed use and floor space could not be located in a town centre location or local centre. As such, the proposal would fail to maintain and enhance the viability and vitality of town centres by controlling the location and nature of new retail and commercial development as outlined at page 11) para 3.4 (d) of the Isle of Man Strategic Plan 2016; and, is therefore, contrary to the provisions of General Policy 2k) and Business Policies 5, 9 and 10 of the Strategic Plan. 6.9 The applicant has sought through this application to clarify that there will be no retail display or counter sales of goods taking place within the building and as per the description this application merely seeks permission for the new health centre use where patients can make appointments to be seen by a professional and receive a prescription for follow on treatment, which would likely be dispensed at the facility. 6.10 It should be noted that the existing building can operate to store and distribute prescription medication and this could be considered to fall within a storage and distribution use. 6.11 The additional element proposed which requires permission is the health clinic arrangement where a member of the public can book an appointment and then be prescribed medication, and pick this up on site as would happen in a health centre. (iii) Pharmacy Dispensary use As stated above the storage sorting and distribution of prescription medicine would be considered a storage and distribution use similar in nature to a DHL. In addition it wouldn't be uncommon for customers to collect a parcel from the DHL depot in a similar manner considered here. In terms of retail considerations that were a focus of the last application it should be noted that the pharmacy dispensary uses a robotic machine to sort and label medicine for dispatch, the machine is 3 metres in height and requires as such considerable headroom. As the supporting information states it would be difficult to facilitate this size of machine in a town centre unit and an industrial building where space is less of a premium is therefore ideally suited to this and goes someway in addressing the previous reason for refusal. (iv) The use as a Health Centre
6.12 The applicant's business model is of a Pharmacy Dispensary. Offering in simple terms is private consultations, private prescriptions or the fulfilment of Manx Care prescriptions. There is no retail shop to walk into, and, no items placed upon shelves to purchase. All medicines will be supplied on prescription. 6.13 Paragraph 8.4.4 of the Strategic Plan (2016) states, "The issues associated with an ageing population on the Isle of Man were acknowledged in the Progress and Priorities Statement to Tynwald in October 2013. It was acknowledged that there will be implications for healthcare, social services and pensions on the Island. The ageing population is an issue which needs to be dealt with by Government as a whole, not just by the Planning system. However, some of the issues associated with an ageing population can be addressed through the preparation of the Area Plans where specific provisions can be made for instance in respect of land for nursing and residential homes, healthcare facilities as well as more general age-related facilities such as, schools, nurseries and public services, including transport." 6.14 As such it could be considered the introduction of a facility offering private consultations would help alleviate the demand arising from the islands aging population as highlighted above. 6.15 One matter that needs to be considered is the previous application was considered inappropriate outside a retail centre and whilst the applicant has clarified that there will be no
==== PAGE 9 ====
24/00312/C Page 9 of 10
retail display or sales taking place, consideration needs to be given to whether an industrial estate is a suitable setting for a health centre offering private consultations. 6.16 If however we look at permissions given on the industrial estate we see several that would offer customer based services in a similar manner. Application reference 23/01342/C was for a change of use to a personal training studio and was approved at the December 2023 planning committee. 6.17 Other permissions including for dog day care 18/00799/B and dog grooming 18/00127/B within the industrial estate which encourage commercial customer journeys for a services into the industrial estate. 6.18 Given the above permissions and the small scale nature of the use at 50 sq. metres with 3 consultation rooms meaning a maximum of 3 private consultations could take place simultaneously I do not consider the use to be inappropriate in this location.
(v) Visual Impact
6.19 Whilst not in full accordance with the Development Plan and noting there are no physical alterations to the property, when assessed again the broader principles of General Policy 2 a change of use would not impact on the wider character and appearance of the area, nor would it conflict with adjacent uses of the Balthane Industrial Estate. It is further noted existing appearance of the building, essentially the front elevation appears as offices and not as industrial.
(vi) Highway Safety
6.20 This site is close to a bus network and within walking distance of a concentration of population. The estate generates a variety of different users to the business in the estate and this traffic is generally day time and week day traffic and as such there is likely to be capacity on the roadways and adjacent parking areas to accommodate any vehicles which cannot be accommodated on the site such that there will not be an adverse impact on the highway network in the vicinity of the site.
6.21 Highway Services have considered the merits of the proposal, access to and from the site from the highway, as well as parking and highway safety. As the transport professionals their comments are heavily relied upon and as they do not object, the proposal would be aligned with the principles of GP2 (h&i) and Transport Policy 4 and 7.
RECOMMENDATION 7.1 Whilst the land is not designated for the proposed use (4.1 Clinics or Health centres), the change of use is not considered to be unacceptable given it does not propose any open public retail sales and would be in accordance with Business Policy 1 and 5 nor is it considered to adversely impact on the general amenity of the area and is in compliance with General Policy 2. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 20.05.2024
Signed : G NORTHERN Presenting Officer
==== PAGE 10 ====
24/00312/C Page 10 of 10
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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Copyright in submitted documents remains with their authors. Request removal