Loading document...
==== PAGE 1 ====
20 June 2014 14/00561/B Page 1 of 8 PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 14/00561/B Applicant : Mannin Retail Ltd Proposal : Alterations and erection of extension to premises Site Address : The Milestone Petrol Station Peel Road Douglas Isle Of Man IM1 5ED
Case Officer : Miss S E Corlett Photo Taken :
Site Visit : 11.06.2014 Expected Decision Level :
Planning Committee
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE LAND USE DESIGNATION OF THE SITE
THE APPLICATION SITE 1.1 The application site is the Milestone fuel filling station, Peel Road, Douglas. The site is situated to the west side of Peel Road on one of the main entrances to the town. The site has a frontage of 55m with Peel Road on its east side from which it is accessed via vehicular entrance and exit points. To the south is Milestone - a complex of plumbing, car sales and paint and decorating supplies sales, to the north is McDonald's, and to the rear (west), the site backs onto the National Sports Centre which is separated from the site by a line of mature trees. It is possible to drive through the Milestone complex straight into the fuel filling station.
1.2 The site incorporates a car wash, fuel filling facilities, car sales and a shop which sells newspapers and magazines and some groceries and from where the fuel and car wash sales are administered. Access to the fuel is directly in and out of the site: to use the car wash vehicles drive in, use the car wash then exit the site from the north of the shop building.
THE PROPOSAL 1.2 The application seeks planning approval for the erection of an extension to the building to the rear to provide a further 150 sq m of footprint with 35 sq m of accommodation at first floor level to provide office and staff facilities.
2.2 The extensions would provide an enlarged retail and counter area for serving customers- expanding the existing 36.5 sq m to 163 sq m both including the till area. The proposed layout will include three tills and is a similar size as the Wessex fuel filling station shop as a comparison.
2.3 The extension will remove the opportunity for vehicles to drive around the rear of the building and those vehicles exiting the car wash will join the fuel filling forecourt. The existing car sales operation will be replaced by three angled car parking spaces.
2.4 The applicant has commissioned a transport assessment, focussing particularly on the car parking requirement. They estimate that 12 customer spaces will suffice for a shop floor area of 162 sq m with the inclusion of two further staff parking spaces. The applicant describes the site as the busiest fuel selling operation on the Island in terms of sales and currently the shop
==== PAGE 2 ====
20 June 2014 14/00561/B Page 2 of 8 area has only one till which can lead to queues in a limited area and at present the shop offers a very modest area for display of goods for sale than any other fuel station. Generally, the profitability of fuel filling stations is more reliant upon non-fuel sales than the sale of petrol and diesel. They consider that fuel filling stations make food convenience stores, offering parking and good links to road networks. In the area, convenience stores have declined in number - the Nook, the newsagent's on Groves Road and Saddlestone Stores have all closed or become alternative retail outlets and the site is one of only two retail outlets on the western side of the A1 - the other being the Brown Bobby filling station. Total operates a fuel filling station with shop on the other side of the road alongside Pulrose Bridge. This has a comparative area of around half of what is proposed here.
PLANNING HISTORY 3.1 Planning approval was granted for the fuel filling station under PA 83/00333/B. Since then, various applications were approved which provided additional facilities including PA 87/01661/C - approval granted for change of use to extend the use of shop to include class 2, rental of video cassettes & sale of tobacco.
3.2 Two applications were refused for development on the site:
PA 87/04291/A proposed approval in principle for the modification of car showrooms and services bays and erection of a retail store and ancillary parking and service areas and garden centre.
PA 89/00538/A proposed approval in principle for the erection of non-food retail stores, restaurant car showroom ancillary offices and parking.
Both applications were refused for reasons relating to the fact that they would introduce significant areas of retail outside of the town centre when there was land within the town centre available for such purposes and as such the proposals were considered to be contrary to the provisions of the Douglas Local Plan. Both applications extended far beyond the current application site and included all of the Milestone complex.
PLANNING POLICY 4.1 The site is zoned as light industrial in the Douglas Local Plan 1998.
4.2 The Isle of Man Strategic Plan 2007 contains a number of policies that are considered specifically material to the assessment of this current planning application.
Strategic Policy 1:
Development should make the best use of resources by:
(a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services.
Strategic Policy 2:
New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.
Strategic Policy 9:
==== PAGE 3 ====
20 June 2014 14/00561/B Page 3 of 8 All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) ... must be sited within the town and village centres on land zoned for these purposes in Area Plans...
Strategic Policy 10:
New development should be located and designed such as to promote a more integrated transport network with the aim to:
(a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement.
Spatial Policy 1:
The Douglas urban area will remain the main employment and services centre for the Island.
Spatial Policy 5: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.
General Policy 1: The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.
Although General Policy 2 does not strictly apply because the petrol filling station use is not light industrial, the principles contained in the policy are relevant: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
(a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption.
Business Policy 5:
==== PAGE 4 ====
20 June 2014 14/00561/B Page 4 of 8 On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either:
(a) the items to be sold could not reasonably 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 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.
Business Policy 9:
The Department will support 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. Major retail development proposals will require to be supported by a Retail Impact Assessment. (Major development is defined as those over 500 sq m measured externally).
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.
Transport Policy 7 of the Isle of Man Strategic Plan 2007 states: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
REPRESENTATIONS 5.1 Douglas Borough Council indicates that they do not oppose the application (18.6.14).
5.2 Highway Services indicate (30.10.14) that they have found this a difficult application to assess as the transport assessment does not seem to reflect actual behaviour and traffic patterns at the site and no survey of the existing site was available as a baseline comparison. Furthermore there is no information available to indicate how long people remain on site and whether there is any queuing and if so, to what extent and when: the information provided on dwell time relates to a Tesco Express Store of a larger size than that proposed here. The statistics provided seem contradictory.
5.3 Due to the conflicting information, Highway Services undertook their own surveys on the basis of two visits - Tuesday 1630hrs to 1700hrs and Saturday 1300 to 1400hrs. This information revealed lower numbers than were projected in the transport assessment but higher accumulation of vehicles. In both cases the dwell time per vehicle was around 5 minutes. If the dwell time is longer, it is likely that queues are more likely than predicted in the transport assessment. It was also observed that a high number of the vehicles visiting, particularly on a Saturday, were not using the fuel pumps and were visiting to use the car wash, jet wash and vacuum facilities.
5.4 The critical issue is not whether the vehicles visiting the site can be parked but whether queuing vehicles will be forced to back up to the footway and onto the highway, particularly of concern now that there is a dedicated cycleway running alongside the site. Site visits revealed that the pumps are not used uniformly.
5.5 If the dwell time is to increase through the increase of retail facilities, as predicted by the transport assessment, then this may increase the frequency of vehicles obstructing the footway but the actual traffic generation may increase.
==== PAGE 5 ====
20 June 2014 14/00561/B Page 5 of 8 5.6 They conclude by indicating that their recommendation is finely balanced and whilst the proposal is contrary to General Policy 2 h and i the increased likelihood has to be measured against the increased facilities being made available.
5.4 Arboricultural Officer, DEFA indicates that he has no objection and makes the following comments:
"I think this one looks ok although the tree nearest the main road should have some protective fencing erected during the course of works to prevent damage. I did meet with the owners quite a while ago and agreed to some tree work along the railway line. The only thing I would say is that the trees along the old railway line will be near the site compound. These should not be damaged (e.g. by vehicles, plant etc entering and leaving the compound or storing materials near the bases of trees) whilst building works are taking place." (12.6.14)
ASSESSMENT 6.1 There are three issues to be considered in this case: whether it is acceptable to increase the level of retail floor space in this location, the visual impact of the proposed alterations to the building and whether the site is suitable for the accommodation of additional floorspace in terms of the impact on highway safety.
6.2 The proposal involves a significant increase in the size of the existing retail area from 36.5 square metres to 163 square metres. The site is some distance from the town centre where new retail development is strictly controlled, having regard to the objective of safeguarding the vitality and viability of the town centre. This issue was raised by the planning officer during the pre-application discussions. However, in their submission, the applicant makes the following points:
The expected benefits are: investment in the property to improve the general appearance of the area, improved facilities for customers, creation of more jobs, and improved business to encourage expansion to other areas.
==== PAGE 6 ====
20 June 2014 14/00561/B Page 6 of 8 6.3 Whilst the site is outside the town centre, the surrounding area does already support a range of retail activities which are not considered the sort which can readily be accommodated in the town centre by virtue of the nature of the items sold or the manner in which they are sold. The applicant is also correct in noting that other garages have similar retail areas to what is being proposed - the Station Garage, Ballasalla and Bray Hill and Wessex Garages in Douglas are all outside the commercial part of their respective settlements but still offer relatively generous retail facilities in their garages. a strong argument in favour of the development is that it will serve the function of a convenience store but not one which would result in people doing their weekly shop but will top up their shopping perhaps on the way to or from work. On this basis it is possibly appropriate to impose a condition restricting goods to be convenience type goods.
The effect of the proposal upon the character and appearance of the area 6.4 The design of the extensions is in the most part quite functional, particularly when viewed from the front of the building next to the petrol pumps. This part of the extensions would appear quite "boxy" and bland, finished in white render. However, they would not be especially visibly, largely hidden by the petrol filling station canopy and pumps and set to the context of existing commercial buildings. The side of the building closest to Peel Road will be more attractive with the main glazed entrance moved to this location with an access ramp for disabled entry. The existing end gable will be rendered which will smarten up the appearance of the building from this view. The east roadside elevation will be an improvement over the existing. At the rear, facing towards McDonald's, the two storey element of the extension will be clad in Manx stone which will give this part of the building a good quality feel. The windows will be recessed to give the fenestration depth, articulation and interest.
6.5 The application is supported by photomontages which it is considered successfully demonstrate that the design of extensions the extensions would be appropriate and that it would not harm the character and appearance of the area.
Access and parking 6.6 it is judged that there will be sufficient parking spaces for those who will require such who visit the site. The issue is whether the additional floor space will result in an increased overflow of vehicles onto the footway and highway alongside, to the detriment of highway safety. In balancing this, it is also relevant that the increased floor area will also make provision for more tills which could have a positive impact on dwell time at the site if more than one till is manned at any one time. This is clearly a finely balanced issue with benefits on one side - increased range of items for sale, the provision of additional car parking facilities on site, increased serving provision potentially resulting in reduced waiting times and bringing the facility in line with many other similar operations on the Island, but needing to be balanced against the potential overspilling of vehicles from the site onto the highway. It is important to bear in mind that this potential overspilling will not happen all of the time and will only happen if the increased customer dwell time brought about by an increased range of items for sale within the shop is not counteracted by the increased tills and potential decrease in time taken to serve each customer.
6.7 On balance it is considered that the benefits of the scheme marginally outweigh the disadvantages and the application is recommended for approval.
6.8 Other matters The site contains a number of trees and it is proposed that four sycamores are removed in the north-east corner of the site, but that the remainder will be retained. It has already been agreed with DEFA that these are not good specimens. The proposed compound area is separated from the site by trees and given this it is appropriate for a statement to be provided to show how the compound area is to work whilst ensuring the protection of the trees. A condition is therefore proposed.
==== PAGE 7 ====
20 June 2014 14/00561/B Page 7 of 8 PARTY STATUS 7.1 The local authority is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.
7.3 Department of Environment, Food and Agriculture is a statutory authority which raises material planning considerations and as such should be afforded party status under Article 6(4)(c) of the Town and Country Planning (Development Procedure) (No 2) Order 2013
Recommendation
Recommended Decision:
Permitted
Date of Recommendation:
20.06.2014
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.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. Notwithstanding the details already submitted, further details showing the trees to be removed shall be submitted to and be approved in writing by the Department. Those trees to be retained, either within the site, or those that overhang the site, must be protected from damage during the course of construction by the erection of protective fencing to ensure that the root structures are not compressed or excavated, including temporary provisions for site compounds and/or temporary parking. Details of such protection, as well as the means of accessing the site from the compound, shall be submitted to and approved by the Department prior to the commencement of works and implemented in accordance with the approved scheme.
Reason: To protect trees which provide environmental amenity for the area and its wildlife.
C 3. The site may not be used for the sale of vehicles or for the display of vehicles for sale.
==== PAGE 8 ====
20 June 2014 14/00561/B Page 8 of 8
Reason: in order to ensure there is sufficient space for vehicular parking and manoeuvring within the site.
C 4. Goods to be sold from the premises must at all times be ancillary to the primary use of the premises as a petrol station and goods to be sold must be limited to convenience type goods (groceries, alcohol, tobacco, toiletries, newspapers, magazines, household cleaning products and vehicle related goods).
Reason: To preserve the vitality and viability of existing centres.
--
Drawing Numbers 1308A (survey) received on 29 April 2014; 1317-MS-101; 1317-MS-102 (survey); 1317-MS-002 (site location plan); 1316-MS-204 D; 1316-MS-205 B; 1317-MS-206 (proposed) and photomontages received on 14 May 2014.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date : 10th November 2014
Signed : Miss Corlett Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
NO
Copyright in submitted documents remains with their authors. Request removal
