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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 24/91125/C Applicant : Isle Of Man Development Co Ltd Proposal Change of use to include the display, sale, storage & distribution, maintenance, assembly & repair of disability equipment Site Address Unit 46 Spring Valley Industrial Estate Douglas Isle Of Man IM2 2QS
Case Officer :
Paul Visigah Photo Taken :
25.10.2024 Site Visit :
25.10.2024 Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 05.11.2024
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 site shall only be used for the storage and sale of mobility equipment directly related to the operation of the business as set out in the application, and in accordance with the layout of the unit as identified on Drawing 1115-04 received 30 September 2024. No part of the building shall be used for a different purpose other than that expressly detailed in the approved documents.
Reason: To ensure that: o the use of the site remains for the sale of goods associated with the operation of the mobility equipment business and preventing its expansion into general retail activities. o the scale and nature of the commercial activity on-site remain within the requirements of Business Policy 5 of the Strategic Plan.
C 3. No materials, goods, or equipment shall be stored outside the building.
Reason: in the interest of visual amenity of the area.
This application has been recommended for approval for the following reason. While the proposal includes an element of retail, there is sufficient justification to conclude that the items could not be reasonably sold from a town centre location because of their size or nature. Moreover, the proposal does not conflict with other uses currently taking place in the immediate vicinity, combined with the small scale of the retail area and increased floor area
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which is unlikely to have a negative impact on neighbouring properties. The proposal is, therefore, considered to align with the goals of Business Policies 5 and 10, Strategic Policies 9, Transport Policy 7, General Policy 2, and Paragraph 9.2.6 of the Strategic Plan.
Plans/Drawings/Information; This decision relates to the documents and plans received 30 September 2024.
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Interested Person Status - Additional Persons
It is recommended that the following organisations should NOT be given the Right to Appeal:
o DoI - Highways Services - No objection o Braddan Commissioners - No Objection __
Officer’s Report
THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.
1.0 THE APPLICATION SITE 1.1 The application relates to Unit 46, Spring Valley Industrial Estate, which sits to the eastern end of the estate, and on a cul de sac which sits adjacent the residential properties within Hilltop View, Farmhill, Douglas, which sits northwest of the block of industrial units to which the site belongs.
1.2 The unit, like its adjoining units are finished in a mixture of painted render on the lower wall section and metal grey cladding above. The unit has a number of windows on the southeast (front) and southwest (side) elevation of the building.
1.3 There are five parking space provisions for the site, one of which is designated for mobility impaired parking. A loading bay is provided at the area directly in front of the roller shutter door that serves the unit. On-street parking is allowed within the vicinity of the industrial unit.
2.0 THE PROPOSAL 2.1 Planning approval is sought for change of use of the unit to include the display, sale, storage & distribution, maintenance, assembly & repair of disability equipment.
2.2 There would be alterations to the internal layout of the unit to provide for an office which would measure 4m x 5.9m (23.5sqm), and would be served by a double glazed door that would open into the unit. Above the proposed office, a new mezzanine floor measuring 7.9m x 6m would be created to serve as an additional storage area. This mezzanine floor area would measure about 46sqm. This element of the scheme would increase the floor area within the unit by about 46sqm.
2.3 Other sections of the floor area would be unaltered although the floor area would be set out in sections to allow for a storage area (23sqm), showroom (71sqm), accessory sales (19sqm), and maintenance and repair area (79sqm). The mezzanine area above the proposed office would serve as an additional storage area. The new retail areas would measure 90sqm in total (showroom plus accessory sales).
2.2 Items within various sections:
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2.2.1 The show room area would serve to display items such as stair lifts, mobility scooters, riser/recliner chairs, platform ramps, care home beds, care home furniture, and bath lifts.
2.2.2 The Accessory sales area would display walking aids, small aids for mobility assistance, care home small aids, fall alarms, and Orthopaedic footwear.
2.2.3 The workshops would work on stair lifts, mobility scooters, riser/recliner chairs, bath lifts, care home beds, care adaptations/hoists, and access ramps.
2.2.4 Storage would be for all items supplied by the business, spare parts, and accessories for all items supplied.
2.3 No changes are proposed to the external appearance of the unit or the layout of the site.
2.4 The following details are contained in the Cover Letter: 1. The Tenant: Kissack Care have been established in 1991 and have been in their existing tenancy at Unit 19 for 25 years. Due to an increase in the services and products offered to their customers, more space is required to meet growing demand expand. Kissack Care regularly support many of the residential and care homes on island with equipment and furniture over the past few years. They are also the islands sole Motability partner which enables island residents to obtain mobility equipment, such as mobility scooters and powerchairs using the disability living allowance to acquire one of these products. They also support the community with access to and from customer's properties with access platform ramps. Catering for the disabled and the elderly, each with their own specific needs dictates that 60% of the business generated is by means of visits to the customer's home and not as a result of a visit to the Spring Valley premises. The current premises attracts 6-12 customer visits evenly spread throughout the day and often by appointment. The business has 3 full time staff and one part time staff member. One of the full time members of staff works away from the premises on delivery and home assembly of supplied goods.
The Site: The current premises occupied by the tenant, Unit 19, occupies an area of 140 sqm, has 2 parking spaces and is located just 120 meters from the application site. The application site is Unit 46, Spring Valley Industrial Estate, Braddan. The Unit currently has an area of 241 sqm. This a newly refurbished Unit, that refurbishment formed part of Planning Approval 21/00108/B and used in the interim period by Manx Independent Carriers as a storage and distribution hub. The premises has a forecourt parking area capable of accommodating 5 cars with an additional space available in front of the roller door when that door is not in use. The entrance to the forecourt is from a private road which is directly linked to the public estate road. 3. The Proposed Use: The proposed use is essentially that of the tenants current use in Unit 19 expanded in floor area and including additional storage and repair & maintenance areas. The current area of Unit 46 of 241 sqm is to be increased to 287 sqm, by the inclusion of a 46 sqm mezzanine storage area. The proportional area use of the new premises is estimated as follows: o Maintenance assembly & repair Workshop = 79 sqm. o Storage (incl. mezzanine) = 69 sqm. o Showroom = 71 sqm. o Accessory Retail = 19 sqm. o Office = 23.5 sqm.
Each area will used as follows:
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o Maintenance, Assembly and Repair Workshop: Stairlifts Mobility Scooters, Riser / Recliners chairs, Bath lifts Care Home Bed Care Adaptions / Hoists Access ramps o Storage (incl. mezzanine): Storage of all items supplied Spare parts & accessories for all items supplied o Showroom: Stairlifts, Mobility Scooters Riser / Recliner chairs Platform Ramp Care Home Beds Care Home Furniture Bath Lift Accessory o Retail: Walking aids Small Aids for mobility assistance Care Home small aids Fall alarms Orthopaedic footwear
3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The application site is located within a wider area designated as 'Industrial' under the Area Plan for the East 2020. The site is not prone to flood risks.
3.2 Area: Area Plan for the East 3.2.1 The following parts of the Area Plan for the East are of material relevance to the proposed development: 1. Employment Proposal 1 - The development of existing industrial land, including the following sites, will be supported for the following uses only: manufacturing; warehousing and distribution; office accommodation (subject to compliance with Strategic Plan Business Policy 7); or retail outlets (subject to compliance with Strategic Plan Business Policy 5). For the purposes of this policy, existing industrial land excludes those sites named under Employment Proposals 2, 3, 4 and 5"
Paragraph 8.4 - Area Plan objectives for the provision of Employment Land: "iv. To safeguard and provide for the needs of existing and new location-dependent businesses, including resisting non-industrial land uses - which will prejudice the availability of land for future industrial requirements - in identified industrial areas.
v. To maintain and enhance the viability and vitality of town centres by restricting retail development in out-of-town locations."
3.3 National: STRATEGIC PLAN (2016) 1. General Policy 2 - 'Development Control' considerations. 2. Strategic Policy 1 - Efficient use of land and resources. 3. Strategic Policy 2 - focus new development in existing settlements unless complies with GP3. 4. Strategic Policy 9 - All new retail development must be located within the town and village centres. 5. Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel. 6. Transport Policy 1- best located close to existing transport links. 7. Transport Policy 4 - Highway Safety 8. Transport Policy 7 and Appendix A.7.6 - Parking Provisions. 9. Business Policy 1 - encourages growth of opportunities. 10. 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. 11. 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
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approved Business Parks for Corporate Headquarters and buildings of acknowledged architectural or historic interest. 12. 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. 13. 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. 14. 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. 15. Paragraph 9.2.6 sets out the growing pressure for the inclusion of retail uses in industrial areas and those successful ones falling into two typical categories; items which cannot generally be sold from a high street or town centre such as motor cars, builders materials and agricultural equipment etc., and developments which in themselves are not retail but comprise elements of retail inextricably linked to the primary use of the building or site. The reasons for which not only to keep town centres viable but to ensure industrial land is kept available for industrial purposes and that most industrial estates are unsuitable as environments for shoppers.
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"
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
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4. Review planning policy related to temporary event licensing to reduce the difficulty of holding town centre events and the permissibility of leisure focussed businesses on the high street."
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 - retail, retail services, leisure and entertainment facilities etc;"
5.0 PLANNING HISTORY 5.1 The application site has been the subject of the following applications which are considered to be materially relevant to the current application.
5.2 PA 87/01927/B for Extension to block 40-46, Spring Valley Industrial Estate - Approved by the Planning Committee on 27 November 1987.
5.3 PA 21/00108/B for External alterations including replacing & upgrading cladding, replacement of windows and rendering of facades of three industrial Units, Units 42, 44 & 46 Spring Valley Industrial Estate - Approved. This application resulted in significant changes to the appearance of the units.
5.4 Other applications within the estate that are of relevance are as follows (all approved): 1. PA 87/04255/C for Change of use to temporary auction rooms, Unit 23, Spring Valley Industrial Estate - Approved by the Planning Committee on 05 February 1988.
PA 88/04310/B for Alterations to form first floor area, Unit 40A, Spring Valley Industrial Estate - Approved by the Planning Committee on 17 March 1989.
PA 22/00993/C for Change of use of unit for use as assembly, showroom and distribution of furniture & leisure buildings. This application which involved retail of items from the unit was approved by the Planning Committee on 19 September 2022.
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4. PA 16/00290/B for Conversion of existing buildings from warehouse & light industrial to display, distribution, warehousing and sales of industrial / automotive products, creation of vehicular access and additional car parking and erection of fencing and boundary bollards, Units 48A, 48B & 48C Spring Valley Industrial Estate. Three of the five units were approved for use by 'Motaworld' under this application.
The officer report for 16/00290/B also outlined the history of the applicant 'Motaworld', already operating from another unit within the industrial estate and the nature of their business requiring them to stay within an industrial estate environment, and essentially in relocating within the industrial estate was unlikely to affect the vitality and viability of town centres as it already operates out of town. The officer report made clear that there would be a percentage increase in the area of sales but that this was unlikely to be materially different (or harmful) relative to the existing situation in what is a very similar geographic location.
The application was approved with three conditions requiring the parking area to be provided, the use of the building area to match the areas outlined on the submitted drawings and the nature of sales items being related to motor vehicles only.
PA 23/00868/B for Use of part of Unit 48a as sales/retail; use of part of Unit 48e as staff facilities; new first floor offices with Unit 48e. Installation of 12 new windows on north east elevation; installation of rain screen canopy over main customer entrance in Unit 48b; changing of colour of existing windows and pedestrian doors - Approved by the Planning Committee on 20 November 2023.
This application sought for the expansion of the operation of 'Motaworld' into the remaining two units 48D and 48E and a reconfiguration of the units to accommodate an increased ground floor only retail area into unit 48A and associated staff and office facilities within until 48E spilt over the existing ground and mezzanine levels already within the unit.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 DOI Highway Services finds the proposal to have no significant negative impact upon highway safety, network functionality and/or parking as there is on-site and on-street parking available for the proposals, and a service yard available for loading/unloading in front of the unit (4 October 2024).
6.2 Braddan Parish Commissioners have no objection to the application (11 October 2024).
6.3 No comments received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the determination of the application are: 1. The principle of development; 2. The Impacts on traffic and parking provision; and 3. The impact on the neighbouring amenities
7.2 It is not considered that there would be any impacts on the character of the area as although there would be changes to create a mezzanine area within the building, this will not result in changes to the external appearance of the building as all the works to create the mezzanine level would be internal. It is however the internal reconfigurations resulting in an increased floor area which is a key issues for assessment in this case, and with review of any consequential parking needs as a result of the proposed changes.
7.3 THE PRINCIPLE (BP 5 & 10, STP 9, & GP2)
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7.3.1 In assessing the principle of the proposed development, it is noted that the unit, like the other units within the industrial block have been designated for industrial use, and the unit was approved explicitly for such use, with the current scheme seeking to introduce some retail element. Whilst the retail use of the building could be viewed as being at variance with the designation of the area, it is not considered that the proposal would be contrary to the provisions of Business Policy 5 (part a), as the majority of the items that would be sold from the unit would by virtue of their size and nature would be in keeping with this policy. It should be noted that the materials that would be retailed from this units, which includes stair lifts, mobility scooters, riser/recliner chairs, platform ramps, care home beds, access ramps, and bath lifts are items that cannot generally be sold from a town centre location.
7.3.2 Granting these items have not been listed within Paragraph 9.2.6 of the Strategic plan as some of the identified items that can be sold without town centre locations, they fall within the scope of the exception allowed by Business Policy 5a, as traditionally such items are not traded from town centre shops, due to their size and nature.
7.3.3 Following on from the above, it is also not considered that the sale of the bulky items outlined within the application documents is unlikely to have a significant or unacceptable detrimental impact on the vitality of Douglas town centre as the suitability of the town centre for this retail use is questionable.
7.3.4 It is also worth noting that the area of the building which would be used for retail purposes 19sqm is too small to make a material difference on the impact of the use of the building for industrial purposes as a whole, such that the retail area cannot be considered to be a dominant use or a significant deviation from the approved industrial use of the building. Besides, the sale of retail goods is already established in such areas such as with the adjacent industrial units supporting the retail operations for 'Screwfix' and 'Motaworld'. Therefore, it is considered that the sale of these goods from the application site is an acceptable exemption to the aforementioned policies and is, on balance, acceptable in principle.
7.4 TRAFFIC IMPACTS/PARKING PROVISION (GP 2 & TP7) 7.4.1 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, Ramsey, and Douglas 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.
7.4.2 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. However, it is considered that there are six car parking spaces allocated to the unit, with the retail floor area and nature of goods to be sold from the unit such that would not attract large number of retail visitors, thus the allocated six parking spaces would be sufficient to accommodate the parking needs of the unit. Moreover, 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 this part of the estate. As such, it is considered that the parking available would be sufficient for the proposed use of the unit.
7.4.3 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.
7.4.4 Furthermore, the advice offered by DOI Highway Services confirms that the proposal raises no significant negative impact upon highway safety, network functionality and/or parking
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as, which indicates that the scheme as proposed is acceptable from the DOI Highways Perspective.
7.4.5 Overall, whilst the development would create an additional 46sqm of storage space, with the scheme also introducing some retail within the site (19sqm), it is not 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. Therefore, the parking and highway elements of the proposal would be acceptable.
7.5 IMPACT ON NEIGHBOURING AMENITIES (GP 2) 7.5.1 With regard to potential impacts on neighbours, the element of the proposal with the potential to impact on neighbours is the addition of the retail area, as this could attract more visitors than a typical industrial use. However, the nature of the business is such that only attends to a niche market, and as such visitors would be sporadic and arguably on the same level as existing industrial use or only marginally higher, particularly as the retail area would be very small. Therefore, the proposal retail element is not considered to have significant additional impacts on neighbours compared to the existing industrial use of the unit.
8.0 CONCLUSION 8.1 There is a wider Government desire to restrict the level of out-of-town retail development in general, and this is backed up by the Business and Strategic policies outlined above. However, the sale of bulky goods is somewhat unique, in that it is not necessarily the case that items such as mobility scooters, platform ramps, and care home beds could be sold from the existing retail core of Douglas - such as the Strand Street area or retail periphery. Therefore, it is considered that the viability of Douglas Town Centre would not be unacceptable impacted, nor would highway safety. The application is therefore recommended for approval.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative. __
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I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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: 25.11.2024
Signed : P VISIGAH Presenting Officer
Further to the decision of the Committee an amended reason for approval 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.
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PLANNING COMMITTEE DECISION 25.11.2024
Application No 24/91125/C Applicant Isle Of Man Development Co Ltd Proposal Change of use to include the display, sale, storage & distribution, maintenance, assembly & repair of disability equipment Site Address Unit 46 Spring Valley Industrial Estate Douglas Isle Of Man IM2 2QS
Planning Officer Paul Visigah Presenting Officer As above Addendum to the Officer Report
The Planning Committee considered the application at its meeting on 25 November 2024 and agreed with the recommendation to approve the application subject to the officer's amendment to the Reason for Approval.
The amended Reason for Approval shall read:
While the proposal includes an element of retail, there is sufficient justification to conclude that the items could not be reasonably sold from a town centre location because of their size or nature. Moreover, the proposal does not conflict with other uses currently taking place in the immediate vicinity, combined with the small scale of the retail area and increased floor area which is unlikely to have a negative impact on neighbouring properties. The proposal is, therefore, considered to align with the goals of Business Policies 5 and 10, Strategic Policies 9, Transport Policy 7, General Policy 2, and Paragraph 9.2.6 of the Strategic Plan.
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