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24/91052/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91052/B Applicant : Mr Richard Copisarow Proposal : Installation of additional windows, vents and flue and mezzanine floor and additional use for light industrial (class 2.2) for commercial bakery without retail elements Site Address : 78 Balthane Park Balthane Ballasalla Isle Of Man IM9 2AX
Planning Officer: Hamish Laird Photo Taken :
Site Visit : Expected Decision Level : Officer Delegation
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. No retail sales shall be undertaken from the site in conjunction with the additional bakery use, hereby permitted.
Reason: A retail bakery use would contravene the permitted use of the site for industrial uses, and a specific planning approval would be required for such a use. Furthermore, the bakery is designed to supply the retail trade on a wholesale basis and insufficient space is available to undertake retail sales within the premises.
This application has been recommended for approval for the following reason. The proposed change of use to include a Bakery (Class 2.2) as well as the existing General Industrial Use; the external alterations proposed, and parking and traffic generation, are all considered to be acceptable and comply with the provisions of General Policy 2 (b, c, and g); ENV22; T4 and T7 in the IoM Strategic Plan 2016.
Plans/Drawings/Information; The development shall, be carried out strictly in accordance with the following details: Drawing No. 310/P6 Site Location Plan; Drawing No. ALG-506 - Proposed Site Plan - 'PLAN 1' UNIT 78; Drawing No. BSA_APL_322 Rev. P3 Plans, Sections, and Elevations;
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Drawing Nos. 003, 004, 005, 006, 007, 008, 009, 010, 011 - Proposed Floor Plans, and Elevations; Proposed Flue Detail - 200mm (8 inch) Single wall flue Dinak; Proposed Oven Detail - Polin RotoAvant HR;
All date-stamped received 16 September, 2024.
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
DOI Highway Services - No Objection Local Authority - No Objection
Officer’s Report
THE SITE 1.1 The application site relates to an existing end unit within the recently built industrial units located within Balthane Park, Ballasalla. The units were originally approved in 2019 under PA 19/01108/B and subject to a condition relating to their approved use being:
"The units hereby approved may be used for general industrial purposes or for storage with or without associated distribution. Reason: to clarify the extent of the approval."
1.2 There are no conditions attached to the planning approval relating to a need for approval to install a mezzanine floor.
1.3 Unit 78 subject of this application is located at the southern end of block L of the original approval. It has an end gable facing over the access road serving the units. The building has an existing roller shutter door on its front elevation and its external elevations are rendered block work to the base and grey sheet cladding above.
THE PROPOSAL 2.1 The application seeks approval for "Installation of additional windows, vents and flue and mezzanine floor and additional use for light industrial (class 2.2) for commercial bakery without retail elements". As well as the additional use for a commercial bakery, a number of physical works to the building are proposed, with no increase in footprint.
2.2 The physical works can be summarised as follows: o Installation of a mezzanine floor comprising approx. 80m2 in floorspace - to be used for associated storage purposes, accessed via a new internal staircase; o installation of 3 No. windows, each of 2 casements (one side hung opening) 965mm high x 1190mm wide in first floor end gable; o installation of a 2 No. small vents on ground floor end gable - one to serve food preparation and packaging area; and, the second to serve the canteen kitchen area; o installation of a small vent to the WC on the ground floor front elevation;
2.3 The ground floor would be laid out to provide:
Goods Inward/Goods Dispatch Area WC with Wheelchair Access Locker/Changing Room/Office Area Canteen/Kitchen Area Food Preparation Area
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Food Packaging Area - with double access doors providing direct internal access to the Goods Inward/Goods Dispatch Area
2.4 Internal works such as the installation of a mezzanine floor do not require permission in this case and are not considered development. 2.5 The application site is served by 3 No. dedicated parking spaces. 2.6 The application is supported by the following drawings and documents: o Completed application form; o Balthane Park Brochure (Sales details) Parts 1 - 4; o Confirmation of days/hours of operation - initially just one operative (the applicant). Hours would cover 24/7/365 for the bakery business, since baking can technically be at all hours and 7 days a week. o Existing and proposed floor plans and elevations; o Location Plan and Proposed Site Plan; o Flue Detail; and, o Oven detail.
PLANNING HISTORY 3.1 Aforementioned in section 1.0 the unit was originally approved as part of a wider scheme for industrial units under 19/01108/B which was specifically conditioned for only industrial or storage uses with or without associated distribution. This planning history is considered materially relevant in the case of this application.
DEVELOPMENT PLAN POLICIES 4.1 The site lies within an area designated on the Area Plan for the South 2013 as 'Industrial'. Its current Lawful use is for Class 2.3 - General Industrial Use. The most appropriate policy in the assessment of the physical works proposed by the application is considered to be General Policy 2 which sets out the general standards towards acceptable development and of which the most relevant parts in this case would be b, c, and g. In respect of the proposed change to provide an additional use of the premises as a Commercial Bakery without retail elements - Use Class light industrial (Class 2.2) for commercial bakery without retail elements, the most appropriate policies in this element of the assessment are Strategic Policy 1; Environment Policies 22 and 23; Business Policy 5; and, Transport Policies 4 and 7.
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Malew Commissioners - no objections (16/10/2024).
5.2 Department of Infrastructure Highway Services - (26/09/2024) - advises that a separate response will follow.
5.3 Department of Infrastructure Highway Services - (3/10/2024). Comments as follows:
"Highway Services HDC have reviewed the information for planning application 24/91052/B dated 16 Sep 2024 online and can provide the following comments:
With the introduction of a mezzanine floor, the sqm floor area would require 5 spaces to strategic plan 2016 guide lines. In order for the allocated parking to the be suitable for the proposals, the applicant should demonstrate that only 3 spaces are required, such as provided staffing levels with the proposals, how many staff will come by car or other modes, and if there is any overspill parking staff could use over the 3 shown on the plan.
The unit is at the front of the site at the industrial unit's site access with a relatively small service yard in front of the unit. The applicant should provide details and frequency of the
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delivery vehicles they will be using to deliver to/from the site including maximum size of the vehicles, and how they will not block the site access and road to the adjacent industrial units if the delivery vehicle is large i.e. 7-10m in length.
The Applicant should address the items raised above with additional information/assessment/plans for HDC to review the proposals - HDC currently oppose the application subject to the above items being addressed."
5.4 In a further response dated 9/10/24 Department of Infrastructure Highway Services comments as follows: I am pleased to update you regarding the two points raised by Highway Services HDC in their review letter dated 3 October 2024.
Parking Spaces: Following additional discussions and clarification outlining my proposed use of unit 78 Balthane Park, which included verification that the mezzanine is only intended for storage and that neither staff nor parking requirements would increase as a result, Richard Webster kindly confirmed in his email to me dated 8 October 2024 that: "The information provided for the parking items appear to have addressed HDC comments - the parking allocated appears suitable for the proposals."
Access & Delivery Vehicles: I have explained that this will be a new and small business. Regarding the potential frequency and size of any deliveries or pickups, and related vehicles, I have confirmed that every effort will be made to establish the best and most convenient way and times to access the property, as advised by any independent carriers and/or drivers. As a result, Richard Webster updated me today as follows: "For HDC it appears you have addressed concerns on delivery access - the size of the operation is unlikely to cause an access issue as smaller vehicles can be used, and therefore HDC now do not oppose the application as both parking and delivery issues have been adequately addressed in terms of information provided."
Please let me know if you need anything else from me regarding this or any other issues.
5.5 Environmental Health (8/10/240 - No objection. The premises is located within an industrial estate, so would not be likely to cause a nuisance to any residential properties within the local area.
5.4 No comments received from neighbouring properties.
ASSESSMENT 6.1 The application seeks a change to the approved use of the building from the present General Industrial (Class 2.3) to include Light Industrial (Class 2.2), specifically to accommodate a Bakery. It is considered that the proposed additional use for a Bakery within this existing industrial unit on an existing industrial park is acceptable in land use terms. It would comply with the provisions of Strategic Policy 1 and Business Policy 5 in the IoMSP 2016.
6.2 The application also includes the provisions of a Mezzanine floor covering and internal area of approx. 80m2. This on its own does not require planning approval because no conditions limiting the inclusion of such a floor area were imposed in the approval of the parent application covering the unit - PA19/01108/B. Other matters to consider are the external physical works as listed in 2.2 and their impact on the visual appearance of the existing building and quality of the surrounding area; whether there are any amenity impacts on adjacent units from the bakery use; and, access turning, parking and traffic generation.
6.3 The most notable change to the unit will be the installation of the 3 No. windows in the side elevation and 2 small vents on ground floor end gable to serve the food preparation and packaging area; and, the canteen kitchen area; with a further small vent to serve the WC on the ground floor front elevation. It is noted that there are 2 no. vents installed in the side
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elevation of the unit opposite to the south at Unit 7, and their impact on the character and appearance of the unit are minimal. It is considered that the position, size and scale of the windows compared to the larger areas of sheet cladding and masonry base which would remain as the dominant finish that these changes would have an acceptable visual impact on the overall appearance of the unit and within the wider context of the industrial estate. These proposed external alterations are acceptable and accord with the provisions of Policy GEN2 in the IoMSP 2016.
6.4 It is noted that the comments received from the Environmental Health Team raise no objection to the proposals in terms of any impacts on amenities. The site is located on an Industrial Estate, and is some distance away from the nearest residential properties. The proposed Bakery use is, therefore, unlikely to cause a nuisance to any residential properties within the local area. This accords with the provisions of Policy ENV22 in the IoMSP 2016.
6.5 With regard to access turning, parking and traffic generation, the applicant sought advice from DoI Highways during the application process and subsequent to their negotiations DoI Highways advised that: "the parking allocated appears suitable for the proposals."; and, "the size of the operation is unlikely to cause an access issue as smaller vehicles can be used,". On this basis that the proposed use is not large scale nor likely to result in a lot of vehicle movements, it is considered to be acceptable in highway terms and accords with the provisions of Policies T4 and T7 in the IoMSP 2016.
CONCLUSION 7.1 The proposed change of use to include a Bakery (Class 2.2) as well as the existing General Industrial Use; the external alterations proposed, and parking and traffic generation, are all considered to be acceptable and comply with the provisions of General Policy 2 (b, c, and g); ENV22; T4 and T7 in the IoM Strategic Plan 2016.
8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
8.1 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).
8.2 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.
8.3 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.
8.4 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. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this
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decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted
Date: 07.11.2024
Determining Officer Signed : C BALMER
Chris Balmer
Principal Planner
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