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PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No. : Applicant: Proposal: 14/00351/B Isle Of Man Developments Co Ltd Conversion of industrial unit to additionally provide facilities for the preparation, delivery and takeaway sale of hot and cold food, creation of a cafe area and alterations to parking layout Unit 29 Spring Valley Industrial Estate Douglas Isle Of Man IM2 2QT Site Address: Case Officer: Photo Taken : Site Visit: Expected Decision Level: Miss Melissa McKnight 23.04.2014 23.04.2014 Officer Delegation Officer's Report 1.0 THE APPUCATION SITE The application site is Unit 29 Spring Valley Industrial Estate. The application site building is an industrial style unit and is clad in metal cladding. 1.1 To the south west of the site is an access road with B & Q further south west of the access road. The application site is adjoined by other industrial style units. 1.2 2.0 THE PROPOSAL The current planning application seeks approval for the conversion of the unit to provide facilities for the preparation, delivery and takeaway sale of hot and cold food along with the creation of a cafe area with alterations to the parking area. 2.1 There are also a number of external alterations proposed which comprise of the 2.2 following: the installation of a new white reinforced UPVC or aluminium glazed screen to the south elevation which would form the main entrance; the installation of three new flues on the north western roof slope of the unit; and the relocation of the bins and oil tank to the front of the car park area. The cafe and takeaway area would be to the front of the building with the kitchen, preparation area, storage and toilets to the rear of the unit. 2,3 2.4 The existing hardstanding area to the front of the building would provide nine parking spaces. 3.0 PLANNING HISTORY 3.1 The application site has been the subject of a number of planning applications, none of which are considered materially relevant to the assessment of this current planning application. 14/00351/B Page 1 of 5 24 May 2014

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Jack Frost, located directly opposite the north east elevation of the application site, was granted planning permission in 2011 for the change of use of two parking spaces to allow the operation of a catering unit under PA 11/00915/C. 3.2 4.0 PLANNING POLICY The application site is in an area zoned as Predominantly Industrial Use under the Braddan Local Plan 1991, There are two policies within Planning Circular 6/91, the written statement that accompanies the local plan, considered specifically relevant to the assessment of this current planning application: 4.1 POLICY 2.4 states: "In accordance with the adopted policy of Tynwald no retail development will be permitted in the parish district of Braddan with the exception of retail provision designed to serve the local neighbourhood requirements of existing and future communities." POLICY 2.5 states: "No development of retail use, nor conversion of existing buildings to retail use, will be permitted in existing or future industrial areas." 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application: Business Policy 5 states: "On land zoned for industrial use, permission will be given only for industrial or for storage and distribution; retailing will not be permitted except where either: the items to be sold could not be sold from a town centre location because of their size or nature; or 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." (a) (b) Business Policy 10 states; "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." 5.0 REPRESENTATIONS 5.1 Braddan Parish Commissioners have no objection to the current planning application. 5.2 The Department of Infrastructure Highways Services have no objection to the current planning application and state that the nine parking spaces being provided are acceptable in this location. 6.0 CONSULTATIONS It was felt appropriate to get the views and comments from the Environmental Protection Manager (EPM) regarding the location of the proposed flues. The EPM does not consider there to be any potential issues with noise or odour nuisance due to the existing flues being on an industrial estate. 6.1 7.0 ASSESSMENT 14/00351/B Page 2 of 5 24 May 2014

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Policy 2.4 and 2.5 set out in the Braddan Local Plan aims to protect industrial land, but also existing retail areas and the Isle of Man Strategic Plan 2007 aims to protect the vitality and viability of retail within Douglas Town Centre. It is therefore imperative to consider the impacts of the proposed conversion of the unit on Douglas Town Centre and the proposed use of the building in its entirety on the use of Spring Valley Industrial Estate. 6.1 6.2 In respect of the kitchen, preparation, packing and distribution element of the proposal, this accords with Business Policy 5 of the Isle of Man Strategic Plan 2007, as storage and distribution uses are permitted within areas zoned for industrial use. Therefore the key Issue of the proposal is whether to allow the retailing element, sale of hot and cold food, within the Industrial Estate. 6.3 6.4 The main policies to consider are Business Policies 5 and 10 of the Isle of Man Strategic Plan 2007. Business Policy 10 states that "Retail development will be permitted only in established town and village centres, with exceptions of neighbourhood shops in large residential areas and those instances in Business Policy 5." The application site is not located within an established town or village centre and therefore the proposed use would be contrary to Business Policy 10 unless it meets one of the exceptions outlined in Business Policy 5 of the Strategic Plan. The policy states that "On land zoned for industrial use, permission will be given only for industrial or for storage and distribution; retailing will not be permitted except where either: the items to be sold could not be sold from a town centre location because of their size or nature; or 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." 6.5 (a) (b) Paragraph (a) of the policy refers to essentially bulky goods. It should be noted that paragraph 9.2.6 of the Strategic Plan provides examples of the type of goods that cannot generally be sold from a high street or town centre location. These are motor vehicles, builders' materials, agricultural equipment and feed. What is being proposed to be sold under this application would not be classed as bulky goods. 6.5 However, paragraph (b) refers to the producing of the goods on site where the sale could not be reasonably detached from the overall business. Items on sale under the proposed use would be prepared within the unit which will also be delivered to local industrial businesses, ofRces and residences as well as direct sales at the unit; cafe and takeaway. It is envisaged that the majority of those using the cafe and take away would be persons working within Spring Valley Industrial Estate. At present there are two takeaway vans that offer the sale of food for direct consumption within the locality that do not provide a sit in facility. 6.6 If such a use was to be implemented in a town centre location the vitality of the business would probably most likely fail due to the size of the building required, number of comings and goings, parking requirements and the number of existing cafes and takeaways within the town centre. 6.7 The proposed use of the cafe and takeaway is ideal and not forgetting sustainable. Although there is a newsagent within the Isle of Man Business Park, if one wanted any hot food within Spring Valley Industrial Estate and the Isle of Man Business Park they would either have to use the local public house which would be time consuming or travel into Douglas Town Centre. With this unit, people would most likely be visiting by foot or having deliveries to their offices which would reduce the need for the use of cars and also limit the 6.8 24 May 2014 14/00351/B Page 3 of 5

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number of coming and goings by vehicles to the unit. The use of Unit 29 as proposed is a welcomed addition to Spring Valley Industrial Estate. Overall, it is considered that the proposed use of Unit 29 would not adversely affect the established retail areas; neither will it have an adverse impact on industrial land or nor would it impact upon or take away from the vitality and viability of Douglas town centre. 6.9 6.10 In terms of highway safety, Highway Services have not objected to the application and have stated that the nine parking spaces being provided are acceptable. As the use will be primarily for those within the nearby employment areas who will be visiting the site by foot, it is considered that the proposal will not be prejudicial to highway safety. 8.0 RECOMMENDATION 8.1 It is recommended that the planning application be permitted. 9.0 PARTY STATUS The local authority, Braddan Parish Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status. 9.1 9.2 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) (No, 2) Order 2013 paragraph 6 (4)(d). Recommendation Recommended Decision: Permitted Date of Recommendation: 24.05.2014 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. To comply with article 14 of the Town and Country Planning (Development Reason: Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C2. No customers shall be served or remain in the building outside the following hours 07.00 and 20.00. 24 May 2014 14/00351/B Page 4 of 5

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Reason: In the interests of public amenity. This approval relates to Drawing No, 785/001 and 785/002 date stamped as received on 20th March 2014 and Drawing No.785/003 Rev. A and 785/004 received as additional information on 29th April 2014. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer. if. bid. Decision Made : Permitted Date: Determining officer (deiete as appropriate) Signed :... Chris Balmer Senior Pianning Officer Signed ;... Sarah Corlett Senior Pianning Officer Signed : Michael Gallagher Signed :... Jennifer Chance Director of Pianning and Buiiding Controi Head of Deveiopment Management 24 May 2014 14/00351/B Page 5 of 5