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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00494/C Applicant : Mr Bransom Bean Proposal : Change the use of an unused office building on a site zoned for business park/industrial to Class 4.3 other community facilities, in particular 4.3(a) use for the purpose of the assembly of persons for a social or community event, or for religious worship Site Address : Former Island Timber Shop Port Way Balthane Industrial Estate Ballasalla Isle Of Man IM9 2AL
Planning Officer: Hamish Laird Photo Taken : 10.07.2024 Site Visit : 10.07.2024 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.07.2024 __
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 approved use is community facilities within Class 4.3 of the Use Class Order 2019 (and any legislation that may precede or replace this order).
Reason: a) to the avoidance of doubt and b) the assessment of the application is for an assembly for religious worship, which has the most impact within the use class so all other uses within the class is also considered acceptable.
This application has been recommended for approval for the following reason. The proposal is considered to: o renovate an underused building to provide a community facility required by residents. o have adequate car parking provision; o provides disabled toilet facilities o would have no negative impact on the neighbours amenities, or the amenities of the adjacent area.
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Therefore, the application is considered to comply with: o Strategic Policies 1(a), 3(b), and 5; General Policy 2, Environment Policies 42, and 43, Community Policy 2 and Transport Policy 7 of the Strategic Plan and is recommended for an approval, subject to the conditions.
Plans/Drawings/Information;
This approval relates to Drawing Nos.
2400/PL1000 - Site Location Plan; 2400/PL1001 - Proposed Site Plan; 2400/PL1002 - Existing and Proposed Floor Plans; 2400/PL1003 - Existing Elevations; 2400/PL1004 - Photographs of Existing/Proposed Elevations and Access Points to Building;
all date stamped received on 26th April, 2024.
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Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT IS RECOMMENDED FOR APPROVAL BUT MAY CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN.
1.0 THE SITE The Site and Its Existing Building 1.1 The application site comprises a 2-storey, detached office building of sand/beige coloured roughcast render walls under a pitched, tiled roof. It has brown coloured wooden window frames and an access door with ramped access to its south-west, front elevation and a similar pair of doors in its south-east (rear) elevation. It also has an outdoor disabled WC sited to the rear of the building. The site also includes a service yard/car parking area containing 12 standard sized car parking spaces. There is an existing vehicular access serving the property which is derived directly from the Balthane Industrial Estate Service Road. The site is fenced with palisade fencing. The site is, in part, shared with the adjoining Island Timber Workshop and Office which is served by 5 dedicated car parking spaces within the same parking area.
1.2 The surroundings are a mix of industrial and workshop/warehouse units comprising the Balthane Industrial Estate.
2.0 THE PROPOSAL 2.1 The proposed is conversion of the office building on the site, which is zoned for business park/industrial, to Class 4.3 other community facilities, in particular 4.3(a) use for the purpose of the assembly of persons for a social or community event, or for religious worship", site from shops (Use Class 1.1) and an office (Use Class 2.1) to a church (Class 4.3), which includes land use changes, elevation renovations and access improvements.
In a covering letter accompanying the application, the applicant advises:
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"The building is vacant and as not been used for a number of years, but comes with ample parking and a bus stop within walking distance. Another advantage of the site is that it provides disabled toilets for the users of the Old Builder's Yard already, adjacent to the office building.
The Ballasalla Christian Fellowship has a membership of 10 and holds regular services on Wednesdays and Sundays. The Wednesday service is held from 19.15- 20.15 with an attendance of 10 people. Sunday services are held from 10.30-11.30 with an attendance of 25 people and from 16.30-17.30, with usually 12 people attending.
The Ballasalla Christian Fellowship has a fb page https://facebook.com/profile.php id= 10008452 0356741 and a website https://ballasalla-christian-fellowship.im, which you are invited to visit.
The times of the services and the proposed use of the building do not interfere with the business hours of the wider Balthane Industrial Estate or the businesses in the vicinity, and we hope that the application meets with your approval."
Land Use Change 2.2 The size of the converted building would be unchanged. The building measures approx. 12.83m long x 5.68m wide. This equates to a footprint of 72.87m2 and a total floor area 145.74m2. The two offices on the existing ground floor would be used as a Service Room (with seats for approx. 25 people) and for refreshments. Two stores and a kitchenette for making tea etc. complete the ground floor accommodation. On the first floor are presently an open plan office, a smaller enclosed office, food preparation area and WC's. The larger open office area would be used as a lounge area; with the smaller office becoming the Ministers Office. The food preparation area and WC's would remain as per the existing.
2.3 No external changes to the appearance of the building are proposed.
3.0 PLANNING HISTORY 3.1 The original application for the development of the site including the Offices associated with the Island Timber Shop was PA 99/00508/A - Approval in principle for industrial unit and offices for builders merchants, land on gas works road, Balthane Industrial Estate, Ballasalla, Malew - Permitted - 1/10/99.
3.2 99/01372/B - Subsequently proposed the "Erection of industrial unit and offices for builders merchants at Land On Gas Works Road Balthane Industrial Estate Balthane Ballasalla"
3.3 02/01253/B - Erection of new trade and distribution warehouse at Island Timber & Building Balthane Industrial Estate Balthane Ballasalla - Permitted on Review - 20/1/2003. This resulted in the as workshop/warehouse located to the side rear of the office building subject of this latest application.
3.4 21/01285/C - Change of use of existing warehouse to a leisure facility at Unit 3 Balthane Industrial Estate, Ballasalla - Permitted - 23/2/22.
4.0 PLANNING POLICY
Site Specific 4.1 The site is within an area designated as an Industry/Business Park Area on Map 4 Ballasalla in the Area Plan for the South. The written statement of the Area Plan states at
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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."
4.2 In the Area Plan for the South, Employment Recommendation 1 is of relevance. This reads:
"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 improvements, and also improvements in respect 78 of access, lighting and infrastructure in an effort to ensure that the Estate is an attractive place for both users and customers."
Strategic Policy 4.3 The Isle of Man Strategic Plan 2016 (IOMSP) holds the following policies that are considered materially relevant to the assessment of this current planning application: o Strategic Policy 1 (a) o Strategic Policy 3 (b), 5 o Strategic Policy 10 o General Policy 2 (b) (c) (g) (h) (i) (k) (l) (m) o Environment Policy 42, 43 o Paragraph 10.5.2 o Community Policy 2 o Transport Policy 7 o Appendix 7.6
4.4 The Isle of Man Strategic Plan has no assumption in favour of new development. In decision-making, this means that where a planning application conflicts with the Plan, approval should usually not be granted.
The following is a highlight of policies listed in 4.3. The subtitles will also be the general order of the assessment in section 7.
IOMSP - Community Facility 4.5 Paragraph 10.5.2 states: "It is not for the Strategic Plan to address or determine the needs for community facilities, but to address the land use issues arising from such proposals ... Proposals for such uses will therefore be assessed against general criteria based policies."
In decision making, Paragraph 10.5.2 means an application for a community facility does not need to justify its location choice based on need because an application itself is evidence of a need for new community facilities.
IOMSP - Urban Regeneration 4.6 Strategic Policy 1(a) and Environment Policy 43 consider optimising redundant and under-used buildings as "making the best use of resources".
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4.7 Community Policy 2 encourages new community facilities to reuse vacant or underused buildings "where possible".
IOMSP - Design 4.8 Strategic Policy 3(b), 5 and Subsections (b), (c), (g) of General Policy 2, as well as Environment Policy 42, set out design requirements for development to respect the character of the site itself and its immediate and broader surroundings.
IOMSP - Transport and Parking 4.9 Strategic Policy 10, Subsections (h), (i) of General Policy 2 set out that proposals should satisfy the safety, efficiency, and accessibility requirements (including parking provision) of all highway users (particularly pedestrians) whether possible.
4.10 Community Policy 2 states that new community facilities should "be accessible to non- car users".
4.11 Transport Policy 7 sets out parking standards for development, details of which are in Appendix 7.6. It requires: o Offices
4.12 Appendix 7.6 also sets out situations where parking standards can be relaxed. These include: "(d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality."
IOMSP - Amenities 4.13 Subsections (g) and (h) of General Policy 2 set out that amenities enjoyed by the site and the site around it should be protected or preserved.
5.0 OTHER MATERIAL CONSIDERATIONS
Legislation 5.1 Section 143 of the Equality Act 2017 places a duty on public bodies to promote equality, eliminate discrimination, advance equality of opportunity and foster good relations.
The above requirements apply to this application because the existing building has limited disability access. Section 7 of this report will give it appropriate consideration.
5.3 Schedule 1 Part 1 Article 9 Section 2 of the Human Rights Act 2001 states: "Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.".
5.4 Schedule 1 Part 1 Article 14 of the Human Rights Act 2001 states: "The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."
Because public comments have raised concerns about the proposal's lack of inclusivity (details in Section 6) and given that the proposal involves a place of worship, section 7 of this report will briefly inspect the proposal against these two Articles in the Human Rights Act 2001.
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Strategy and Guidance 5.5 Manual for Manx Roads provides best practices and technical details for ensuring highways are accessible, safe, inclusive, and serviceable. These details include minimum spatial requirements for manoeuvre and parking and bicycle parking standards.
5.6 Active Travel Strategy 2018-2021 states that an action plan will be set out to encourage people to choose walking and cycling to make their everyday journeys. This strategy was in response to the Programme of the Government, a document which sets out the operating principles of the government agreed upon by Tynwald.
Appeal Decision These appeal decisions are from the UK. These selections are not precedents within the Isle of Man planning system. However, they offer additional guidance when assessing applications because there are close similarities between the Island's and the UK's planning system.
5.7 Greenwich 20/9/2012 - In upholding an enforcement notice requiring an industrial building to stop being used as a place of worship, the Inspector states that the freedom of thought, conscience and religion is a qualified right rather than an absolute right in the European Convention of Human Rights (ECHR). A qualified right means interference with this right is justified and necessary when striking a balance between the rights of an individual and the wider public interest. The Inspector considers there are sufficient material planning considerations against the proposal.
5.8 Mendip 06/11/2000 - In approving one of two schemes involving the provision of low impact dwellings in the countryside to be used as part of a religious collective, the Secretary of State states that the desire of a community to live in a particular manner does not fall within the protection of Article 9. Still, the case was sufficiently unusual as not to create a precedent.
5.9 Blackburn and Darwen 31/08/2005 - In upholding a refusal on the removal of a condition to allow the use of a loudspeaker system to amplify the call to prayer of a mosque, the Inspector states that the ability to practice religion, albeit being a fundamental human right, still has to be balanced against the need to protect the rights and freedoms of others.
The Inspector states that such a proposal would set an undesirable precedent. With the increasing number of similar proposals, there is a potential to create a declamatory and proselytising environment in the vicinity of mosques to the exclusion and discomfort of those who might wish to follow a different religion or pursue a non-religious way of life. Such a situation would serve to erode the fundamental freedoms of others.
6.0 REPRESENTATIONS This section is a summary. The original texts of the consultations and comments received are available on the Planning Application Search on the government website.
6.1 Malew Commissioners - (30.5.24) comments: "No objection, however the premises should include an integral disabled toilet.
6.2 DoI Highway Services (3.5.24) comments as follows:
"24/00494/C - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, as the proposed operation is relatively small including the building size, there is parking provision for the fellowship within the site, and the proposals sit within an industrial area where the normal operating hours of the applicant are outside the normal industrial area activity/parking demand hours."
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6.3 No third party representations had been received by the Report Drafting stage (23/7/24).
7.0 ASSESSMENT Principle of development 7.1 The site comprises an existing office building located on an established Industrial Estate as outlined on Map 4 Ballasalla and as identified in the Written Statement in the Area Plan for the South (2013). The proposed use of the building as a "Class 4.3 other community facilities, in particular 4.3(a) use for the purpose of the assembly of persons for a social or community event, or for religious worship" use - a Church does not accord with the established Industrial Estate use of the area, and the question is whether the proposed use would set a precedent for future cases where similar, non-conforming uses are proposed.
7.2 It is clear from the Case Officers site visit that the existing building is no longer used for office purposes, and that the centre of operations for the Island Timber Shop has been transferred to the industrial unit to the side/rear of the site in a newer, purpose built industrial/office building. It is also noted from the site history that approval of PA21/01285/C for a Change of use of existing warehouse to a leisure facility at Unit 3 Balthane Industrial Estate, Ballasalla, permitted on 23/2/22, which is in close proximity to the site, has set a precedent for non-conforming uses in the locality.
7.3 The office building, therefore, requires a new use. The applicant advises that The Ballasalla Christian Fellowship has a membership of 10 and holds regular services on Wednesdays and Sundays. The Wednesday service is held from 19.15- 20.15 with an attendance of 10 people. Sunday services are held from 10.30-11.30 with an attendance of 25 people and from 16.30-17.30, with usually 12 people attending. The times of the services clearly lie outside normal working hours of 08.00 -18.00 Mondays to Fridays; and 08.00 -13:00 of Saturdays, with few people, if any, likely to be working on Sundays. There is, therefore, unlikely to be traffic generation or parking issues in terms of vehicles entering and leaving the site at what are off-peak hours. The Ballasalla Christian Fellowship would occupy the building as a tenant with ownership remaining in the hands of the Island Timber Shop. It is considered that the principle of development is, in this case, acceptable.
The proposed use 7.3 The proposal to change the use of the office building involves no changes to its external appearance. The existing layout would be adapted to suit the Church members and the use of non-fixed chairs and furniture would render it adaptable to suit Church needs as and when required. The comments received from Malew Commissioners that the premises should include a disabled toilet within the building are noted. However, the layout of the building does not readily lend itself to such a facility. There is a disabled toilet facility to the rear of the Office building a few steps away, which is provided with level access and serves this purpose. This is considered to be acceptable in this regard. Whilst the proposed use is strictly contrary to adopted planning policy, it is considered that the low-key nature of the use and the hours of operation for the Church - outside normal working hours - render the proposed use acceptable.
Highway Safety, Parking and Traffic Generation 7.4 As advised in paragraph 7.2 above, as noted by DoI Highways, the use of the office building as a church would occur largely outside normal working hours and given the further consideration of DoI Highways that the proposed operation is relatively small including the building size, there is parking provision for the fellowship within the site, issues relating to highway safety, parking and traffic generation are unlikely to arise from the proposed change of use. This accords with
Neighbours amenities
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7.5 There are no neighbouring or nearby residential properties and the low key nature of the proposed use would not give rise to any undue noise and disturbance. This accords with the provisions of policies ENV22 and ENV23 in the Isle of Man Strategic Plan 2016.
Equality and Inclusivity 7.5 The office is provided with disabled access to the building and disabled WC facilities have already been provided. It is considered that this improves equality of accessing community facilities.
7.6 The Church presently operates within the Community Cabins located at Ballasalla Primary School. However, following approval of the 24/00555/B planning application for a new classroom on this site (See Agenda Item No. 5.4 of the 22nd July, 2024, Planning Committee Meeting) to be used by the school to cater for increased pupil numbers, this facility will no longer be available to The Ballasalla Christian Fellowship.
7.7 Most community facilities aim to help people with certain characters (such as believing in a religion), interests or needs (such as prayer). Just because a building may not satisfy the needs of every resident within a community does not mean it excludes or discriminates against people who are not interested in or need their services.
7.8 Continuing with 4.5, it is up to the community to propose facilities appropriate to their needs. In this application, even the church serves only one group within the community, it is still a reflection of a need within the community. The provision of such service improves rather than decreases inclusivity.
7.9 It can be argued that the presence of a new church would infringe on the beliefs of others because there are community members who disagree with certain beliefs within Christianity.
7.10 Firstly, belief and how people act on their beliefs (religious or otherwise) is beyond a proposal's land use and design impact and is usually not a material planning consideration.
7.11 Secondly, a religious building alone only represents the fact that people practice such religion within an area. Although certain religious practices can mount to development, these would be subject to planning regulations, including their impacts on equality and inclusivity of the community, such as the UK planning appeal case in 5.9. However, in this application, no element within the development (including design) would mount such concern.
7.12 Next, establishing places of worship is essential to religious freedom. Even though the need for such places is not part of religious freedom (such as the UK planning appeal case in 5.8), the UK planning appeal in 5.7 has pointed out that the reason for refusing such an application would need to be based on strong material considerations or the decision could still risk violating freedom of religion. In this case, there is no material reason to recommend such refusal, so the application should be recommended for approval.
7.13 Lastly, inclusivity is a material consideration, the same as the duty to protect freedom of religion and prevent discrimination, as protected by the Human Rights Act. Given that both are qualified rights and not absolute rights, a balance must be struck between them based on the broader public interest. This proposal shows the presence of religion and, by itself, does not impose the ideology on other people or create a sense of "declamatory and proselytising environment in the vicinity to the exclusion and discomfort of those who might wish to follow a different religion or to pursue a non-religious way of life." Therefore, the proposal expresses freedom of religion and does not promote discrimination by the use of the building itself.
8.0 CONCLUSION 8.1 The proposal is considered to:
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o renovate an underused building to provide a community facility required by residents. o have adequate car parking provision; o provides disabled toilet facilities o would have no negative impact on the neighbours amenities, or the amenities of the adjacent area.
Therefore, the application is considered to comply with: o Strategic Policies 1(a), 3(b), and 5; General Policy 2, Environment Policies 42, and 43, Community Policy 2 and Transport Policy 7 of the Strategic Plan and is recommended for an approval, subject to the conditions.
9.0 INTEREST 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; (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 which 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 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:...05.08.2024
Signed :...C BALMER... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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