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Government Mollge Elion Vaneer
Michelle Owen DPP Sophia House 28 Cathedral Road Cardiff CF11 9LJ
In pursuance of powers granted under the above Act and Order, the Department of Infrastructure determined to REFUSE planning application by, ref 13/00687/B, for the erection of temporary building in car park for seasonal retail sales between 01 April to 30 September on an annual basis at Tesco Store Lake Road Douglas Isle of Man IM1 5AF for the following reason:
Date of Issue: 18th September 2013
Director of Planning and Building Control
This decision was made by the Planning Committee in accordance with the authority delegated to it.
Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/
Please note that a copy of the Officer's report which led to the decision (copy enclosed), together with correspondence relative to the application, are available for inspection at the Department.
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.
Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.
Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SFTel (01624 685950) email; [email protected] 13 / 00687 / B
| Application No. : | 13 / 00687 / B | | :-- | :-- | | Applicant : | Tesco Stores Limited | | Proposal : | Erection of a seasonal extension to existing retail store between | | | 1st April and 30th September on an annual basis (retrospective) | | Site Address : | Tesco Store | | | Lake Road | | | Douglas | | | Isle Of Man | | | IM1 5AF |
Case Officer : Mr Edward Baker Photo Taken : Site Visit : 26.06.2013 Expected Decision Level : Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF A MEMBER OF THE COMMITTEE.
'Erection of temporary building in car park for seasonal retail sales between 01 April to 30 September on an annual basis'.
09/00301/B - application refused in 2010 by the Council of Ministers for the erection of a store extension including mezzanine and bulk store extension, temporary store, decked car park and alterations to highway. The proposed gross floor space was 4,777 square metres ( 2,788 square metres net).
04/02320/B - approval granted in 2005 for the construction of a home shopping area and canopy (amendment to 04/00937/B).
04/00937/B - approval granted in 1994 for the construction of a home shopping area, canopy, link walkway and turning head. The proposal altered the scheme refused under 03/01646/B.
03/01646/B - application refused for the construction of a home shopping area, canopy and link walkway in existing service yard.
97/00418/B - approval granted for retail development comprising food supermarket with associated warehouse, offices, coffee shop, petrol station and car parking.
(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; (1) 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.' 9. Business Policy 9 of the Isle of Man Strategic Plan 2007 states: '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(1).' 10. Business Policy 10 of the Isle of Man Strategic Plan 2007 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.'
The original approval for the store granted in 1997 for 'Retail development comprising food supermarket with associated warehouse, offices, coffee shop, petrol station and car parking.' There have been several applications since then that have sought to change the scale and nature of the store. These applications have been rightly turned down. The Inspector who dealt with the 2009 application stated: 'The Tesco Extra proposal is contrary to development plan retail policies dealing with the location of retail development and should be refused. The proposal conflicts with Strategic Policy 9, Business Policy 9 and Business Policies 9 and 10 from the strategic plan because these policies call for retail development to be located within the town and village centres. The Tesco application site is not within Douglas Town Centre. It is an out of centre site. Furthermore, to allow major additions of retail development on a site 900 m from the main shopping area would set a damaging precedent for future shopping policy and retail investment in the Island.'
Whilst the Chamber of Commerce appreciates that the scale of this application is different to the 2009 application, the same principles apply in that Tesco is seeking to extend retail comparison good sales outside of the existing Island centres. If approved, we are concerned that the application would have weight as a precedent in further and larger scale applications. Strategic Policy 9 and Business Policy 10 of the strategic plan support this position.
Restoring and protecting the vitality and viability of our existing centres has never been more critical or topical. The Chamber of Commerce believes that the impact of the proposal would be one less shop in the centre.
Whether this is a suitable location in principle for the proposal 18. It is considered that the acceptability of this application turns on whether this is a suitable location, in principle, for additional retail sales of the type and amount proposed. 19. The Inspector presiding over the appeal for the large store extension under application 09/00301/B took the view that the Tesco site is out-of-centre with its customer entrance being some 800 metres from the prime part of Douglas' shopping centre. The Douglas Local Plan 1998 does not specifically define the town centre. It shows an area where there is predominantly shopping (principally around Strand Street, Market Street, Duke Street and Market Hill), however, it is not entirely clear as to whether this would be the 'centre' referred to in Strategic Policy 9 and Business Policy 10. The applicant argues that the centre could be construed as including other uses within the central area, including predominantly office
areas, and also points out that the site is zoned for retail warehousing by the Douglas Local Plan. However, taking the previous Inspector's comments on board, the site would appear to be outside the retail 'centre'. 20. The proposal is therefore contrary to policies contained in the Strategic Plan that steer retail development to town and village centres only. The key question is whether there are any other material considerations that indicate that approval should be granted despite this contravention of policy. The proposal is for a relatively small amount of additional retail floor space, equating to 54 square metres. The applicant makes the point that this represents only 1.9 % of the net retail floor space applied for under the 09/00301/B application which was found to be unacceptable. The Inspector commented on that proposal as follows: '...[it] would probably divert up to about 14 % of trade on comparison goods from Douglas Town Centre. This trade would obviously not help to enhance the vitality and viability of Douglas. Inevitably a predicted loss of trade would reduce footfall in the centre and could deter future retail investment. Precise impacts were not predicted. The most that can be said is that the trade attracted to Tesco would be likely to damage existing stores in Douglas Town Centre and might hinder future chances for new retail investment. This outcome would be unwelcome. But on its own, this uncertain level of impact would not amount to a compelling reason for refusal.' (par. 408) 21. Having regard to the Inspector's findings on the actual impact of the proposed store extension, it seems extremely unlikely that the current proposal for 54 square metres would have a negative impact on the vitality and viability of Douglas Town Centre. Furthermore, retail sales are to be limited to seasonal goods. The existing supermarket store is established and sizeable and already attarcts an extremely high number of shoppers. It is considered highly unlikely that this small scale proposal will result in any actual planning harm to the town centre or public interest. There might be a concern about incremental creeping of additional retail floor space at the site, however, it should be remembered that each application should be judged on its own individual merits. Having regard to these factors, it is considered that the proposal, by reason of its small scale and limit on the types of goods that can be sold, is acceptable in principle.
The effect of the proposal on the character and appearance of the area 22. The building is quite utilitarian in appearance however it is viewed in the context of the existing store and its large car park. The proposed building is of a modest size and is considered in keeping with the functional character of the wider site. The character and appearance of the area would be preserved.
Parking and highway safety 23. The building is situated within the existing car park and when in place would result in the seasonal loss of four car park spaces. The impact of this loss is considered negligible in view of the large overall size of the car park and its central location with good access to public transport. There is no objection to the application from the Highways Division.
The Local Authority, Douglas Borough Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.
The Isle of Man Chamber of Commerce
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 06.09.2013
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 permitted shall commence before the expiration of four years from the date of this notice.
C 2.
The development hereby permitted shall not be carried out except in full accordance with the following plans: site location plans; Drawing Numbers AC108 100 (existing site layout); AC108 200 (proposed site layout); 1001 (details of ramp); and three dimensional drawings of building received on 14 June 2013.
C 3.
There shall be no retail sales from the building outside the months of April to September inclusive in any calendar year.
C 4.
The building shall not be used other than for the sale of the following items:
9 September 2013 13/00687/8 Page 6 of 7
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made: ______________________________ Signed: ______________________________ Presenting Officer: ______________________________
Committee Meeting Date: ______________________________ Signed: ______________________________
16/9/13
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO (see below)
The committee overturned the decision to reprint on grounds that the site is outside the town where there is a presumption against new retail development. Members were also concerned about the proposal setting an undesirable precedent. Please see draft minutes for reprint reason I agreed with.
Andrew Gawdy
Ed 17/9/12
Planning Case History for Tesco Store Lake Road Douglas Isle Of Man IM1 5AF
Case Number : 13/00687/B Proposal : Erection of a seasonal extension to existing retail store between 1st April and 30th September on an annual basis (retrospective) Status : Pending Decision
Case Number : 13/00095/B Proposal : Erection of a covered trolley shelter Status : Permitted
Initial Decision : Permitted 7th March 2013 Conditions :
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the location plan, site plan and drawing no.s L(0-)019, L(0-) )020 and 010819 - TROLLEY SHELTER - 5030 X 4145 date stamped the 29th January 2013.
Case Number : 12/00843/D Proposal : Installation of illuminated and non illuminated signage Status : Permitted
Initial Decision : Permitted 16th July 2012 Conditions :
The development hereby permitted shall be commenced before the expiration of **** years from the date of this notice.
This approval relates to the location plan, site plan and drawing no.s 01_2396_01, 02_2396_02, 02_2396_03, CD-A03311-01, CD-A03311-02 date stamped the 7th June 2012.
Case Number : 12/00839/B Proposal : Erection of a cage marshalling area within service yard and creation of five additional car parking spaces Status : Permitted
Initial Decision Permitted 16th July 2012
Page 1
Conditions :
| Case Number | : 12/00798/B | | --- | --- | | Proposal | : Installation of replacement trolley-shelters | | Status | : Permitted |
Initial Decision : Permitted 13th July 2012 Conditions :
| Case Number | : 09/01298/B | | --- | --- | | Proposal | : Alterations and erection of an enclosed lobby to existing | | | store entrance | | Status | : Permitted |
Initial Decision : Permitted 30th September 2009 Conditions :
| Case Number | : 09/00301/B | | --- | --- | | Proposal | : Erection of store extension including mezzanine and | | | bulk store extension, temporary store, decked car park | | | and alterations to existing highway network | | | (Amended plans and additional information received) | | Status | : Refused by Council of Ministers |
Appeal Reference : 09/00001/CI
| Appeal Decision | : Refused by Council of 6th July 2010 | | --- | --- | | Conditions | Ministers | | | : If in the planning database, as follows. |
Case Number : 05/01740/B Proposal : Installation of additional cooling units and extend face brickwork screen walling Status Permitted
Initial Decision : Permitted 4th November 2005 Conditions :
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the submitted documents, as shown in drawings SC927/P/10-01 and SC927/P/10-02 all received on 8th September 2005.
Case Number : 04/02320/B Proposal : Amendments to PA 04/00937/B to allow construction of home shopping area and canopy Status Permitted
Initial Decision : Permitted 17th January 2005 Conditions :
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval constitutes an amendment to that granted in respect of PA04/00937, and relates to drawings numbered 15 151/001, /003, /004, /051, /053, /054, and /055 date stamped 15th November 2004.
Case Number : 04/00937/B Proposal : Construction of a home shopping area, canopy, link walkway and turning head Status Permitted
Initial Decision : Permitted 30th June 2004 Conditions :
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to drawings which are numbered 15151/001, /003, /004, /014C, /020D, and /032D, and date-stamped 10th May 2004.
Case Number : 03/01646/B Proposal : Creation of a home shopping area, canopy and link walkway in existing service yard
Page 4
Status : Refused Initial Decision : Refused 20th February 2004 Conditions :
Case Number : 97/00418/B Proposal : Retail development comprising, food supermarket with associated warehouse, offices, coffee shop, petrol station and car parking, former Quiggins Yard, Lake Road, Douglas. Status : Permitted Initial Decision : Permitted 15th September 1997 Conditions :
Case Number : 98/01872/B Proposal : Amendments to approved superstore, Lake Road, Douglas. Status : Approved at Appeal Appeal Reference : 98/01872/B Appeal Decision : Approved at Appeal 16th November 1999 Conditions : If in the planning database, as follows.
Page 5
Case Number : 98/01871/D Proposal : Provision for advertising signage, approved superstore, Lake Road, Douglas. Status : Split decision at review
Initial Decision : Split Decision 22nd April 1999 Conditions :
Case Number : 99/01188/D Proposal : Erection of site development sign board, site of new store, Lake Road, Douglas. Status : Permitted
Initial Decision : Permitted 19th November 1999 No Conditions
Case Number : 96/00634/B Proposal : Approval in principle for erection of retail unit, Former Quiggin's Yard, Lake Road, Douglas Status : Permitted on Review
Initial Decision : Permitted 13th September 1996 Conditions :
Case Number : 96/00309/B Proposal : Approval in principle for erection of food retail supermarket with associated warehouse, offices, car parking and petrol station, former Quiggins Yard, Lake Road, Douglas. Status :
Case Number : 92/00969/B Proposal : Replacement of existing with construction of display, sales & office accommodation for building business, Lake Timber Yard, Douglas. Status : Permitted
Initial Decision : Permitted 1st January 1994 No Conditions
Case Number : 85/00493/A
Page 6
| Proposal | : Approval in principle to demolition, and construction of retail outlet with associated car park, Quiggin & Co. premises, Lake Timber Yard, Douglas | | --- | --- | | Status | : Permitted | | Initial Decision | : Permitted | | No Conditions | 1st January 1994 |
| Case Number | : 99/02248/D | | --- | --- | | Proposal | : Erection of totem pole advertising sign | | Status | : Permitted on Review | | Review Decision | : Permitted on Review | | Conditions | 20th July 2000 |
| Case Number | : 99/02247/D | | --- | --- | | Proposal | : Erection of signage to north elevation | | Status | : Permitted | | Initial Decision | : Permitted | | No Conditions | 27th April 2000 |
| Case Number | : 99/02246/B | | --- | --- | | Proposal | : Erection of covered storage area | | Status | : Permitted | | Initial Decision | : Permitted | | Conditions | 8th May 2000 |
PA13/00687/B Tesco Stores Limited
Erection of a seasonal extension to existing retail store between 1st April and 30th September on an annual basis (retrospective), Tesco Store Lake Road Douglas Isle Of Man IM1 5AF Planning Officer:
Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 17.06.2013, includes;
Dev Control Polygons:
Reference Number: 98/01872/B
Status: Split Decision
Proposal: Amendments to approved superstore, Lake Road, Douglas.
Reference Number: 98/01871/D
Status: Split decision at review
Proposal: Provision for advertising signage, approved superstore, Lake Road, Douglas.
Reference Number: 99/01188/D
Status: Permitted
Proposal: Erection of site development sign board, site of new store, Lake Road, Douglas.
Reference Number: 96/00634/B
Status: Permitted on Review
Proposal: Approval in principle for erection of retail unit, Former Quiggin's Yard, Lake Road, Douglas
Reference Number: 85/00493/A
Status: Permitted
Proposal: Approval in principle to demolition, and construction of retail outlet with associated car park, Quiggin & Co. premises, Lake Timber Yard, Douglas
Reference Number: 12/00839/B
Status: Permitted
Proposal: Erection of a cage marshalling area within service yard and creation of five additional car parking spaces
Reference Number: 12/00798/B
Status: Permitted
Proposal: Installation of replacement trolley shelters
Reference Number: 05/01740/B
Status: Permitted
Proposal: Installation of additional cooling units and extend face brickwork screen walling
Reference Number: 03/01646/B
Status: Refused
Proposal: Creation of a home shopping area, canopy and link walkway in existing service yard
Reference Number: 13/00095/B
Status: Permitted
Proposal: Erection of a covered trolley shelter
Reference Number: 99/02248/D
Status: Permitted on Review
Proposal: Erection of totem pole advertising sign
Reference Number: 99/02247/D
Status: Permitted
Proposal: Erection of signage to north elevation
Reference Number: 09/00301/B Status: Refused Proposal: Erection of store extension including mezzanine and bulk store extension, temporary store, decked car park and alterations to existing highway network (Amended plans and additional information received) Reference Number: 09/01298/B Status: Permitted Proposal: Alterations and erection of an enclosed lobby to existing store entrance Reference Number: 99/02246/B Status: Permitted Proposal: Erection of covered storage area Reference Number: 04/02320/B Status: Permitted Proposal: Amendments to PA 04/00937/B to allow construction of home shopping area and canopy Reference Number: 04/00937/B Status: Permitted Proposal: Construction of a home shopping area, canopy, link walkway and turning head Reference Number: 97/00418/B Status: Permitted Proposal: Retail development comprising, food supermarket with associated warehouse, offices, coffee shop, petrol station and car parking, former Quiggins Yard, Lake Road, Douglas. Reference Number: 96/00309/B Status: Proposal: Approval in principle for erection of food retail supermarket with associated warehouse, offices, car parking and petrol station, former Quiggins Yard, Lake Road, Douglas. Reference Number: 92/00969/B Status: Permitted Proposal: Replacement of existing with construction of display, sales & office accommodation for building business, Lake Timber Yard, Douglas. Reference Number: 12/00843/D Status: Permitted Proposal: Installation of illuminated and non illuminated signage PLanning Enforce: Reference: 13/00029/COMP Status: Case Closed Nature of Enforcement: Alleged use of parking areas for unloading and storage of goods vehicles Reference: 08/00159/COMP Status: Case Closed Nature of Enforcement: Erection of a marquee in car park Flood Zones: Flood Zone Location: Douglas Return Period: 100yr + CC Flood Zone Location: Douglas Return Period: Flood Zone Location: Douglas Return Period: 200 year
Notes
Ed 26/6/13
condition
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