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23/01468/C
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 23/01468/C Applicant : Mr Charles Simpson Proposal : Additional use of the premises for pharmaceutical retail (Class 1.1) and associated health services (Class 4.1) Site Address : BMS House Port Way Balthane Industrial Estate Ballasalla Isle Of Man IM9 2AJ
Photo Taken : Site Visit : 01.02.2024 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 02.02.2024
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 proposed change of use hereby approved shall be limited to the selling of pharmaceutical and medicinal products only.
REASON: To restrict the sale of goods within an industrial estate
C 3. The use of the premises hereby approved shall be carried out in accordance with the internal layout drawing referenced "BMS House floor plan" and retained in perpetuity, unless otherwise approved in writing by the Department.
REASON : To avoid any increase in medical retail on the site.
This decision relates to drawings and information submitted on 20 December 2023.
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Interested Person Status - Additional Persons
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It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
o 37 Ballahane Close, Port Erin o 45 Knock Rushen, Castletown o Bay View, Santon o Sherwater,Port St Mary o 4 Castlemere, Douglas o 26 Close Famman, Port Erin o 73 Silverburn Crescent,Ballasalla o 1 Oatfield Rise, Ballasalla o 2 Fuchsia Close, Ballasalla o 15 New Road Laxey o Ivy Bank, Foxdale o 25 Empress Apartments, Douglas o 10 Ballabridson Park, Ballasalla o 14 Croit Ny Glionney, Colby
as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.
It is recommended the following Government Departments should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4): o IoM Police o DHSC
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSED USE IS CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR APPROVAL.
1.0 THE SITE 1.1 The application site is curtilage of BMS house, Port Way, Balthane Industrial Estate. The units sits to the central part of the industrial estate and is relatively new in its design and built form with office accommodation at the first floor and ground floor area and approx. 15 car parking to the front of the building. The front elevation is characterised with Upvc windows to the ground and first floor and finished with painted masonry to the ground floor and vertical grey cladding panels to the first floor with blue accents around the window frames.
1.2 The property sits gable facing onto the inner roadway and having a more office appearance than industrial. To the east (side) of the building a roadway giving access to the rear proportions and access into the rear of the building with a garage type loading bay / doorway. The building is part two storey at the front and single storey to the rear.
2.0 THE PROPOSAL
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2.1 Proposed is the additional use of the premises for pharmaceutical retail (Class 1.1) and associated health services (Class 4.1). There are no physical alterations to the external fabric of the property.
2.2 The applicant notes; "This will allow the site to be used for a pharmacy dispensing site and pick up place for medicines for ManxCare prescriptions and Private Prescriptions. A healthcare service for practicing professionals to deliver care to patients...Kingsley Muti is an island based pharmaceutical company. It has invested in the unit at Balthane and had recently been inspected and approved for a wholesale licence by the Department of Health and Social Care (DHSC). We have been added onto the Isle of Man Pharmaceutical List by ManxCare citing our need and desirability, however the DHSC need to complete a site inspection for granting our Licence Number".
2.3 The proposal does not involve any material alterations to the external fabric of the building.
3.0 PLANNING POLICY 3.1 The application site is designated as; Industrial/Business Park on the Area Plan for the South Map 4, Ballasalla. There is a development brief contained with the Area Plan for the South Written Statement which states the following:
3.2. Paragraph 6.8.2: "The Balthane Industrial Estate is located just south of Ballasalla village. The Estate is used by a mix of businesses but incremental development, poor maintenance of buildings, roads and footways, has over the years, resulted in the Estate appearing neglected and unattractive in many parts giving a poor impression to the public, customers and businesses alike. It is recognised that the Estate is home to some uses which are essential to support the Island and also that there is scope for the general appearance and access to the Estate to be improved. There is considerable land available at Balthane which was first identified on the 1982 Development Order. It has been deemed appropriate to carry forward this designation into the Area Plan but there is a need to secure improvement works on the estate."
3.3 Employment Recommendation 1: "It is recommended that the Department of Infrastructure, the Department of Economic Development and Malew Parish Commissioners work collaboratively to produce a strategy for improvements at Balthane Industrial Estate. This will include general environmental improvements, and also improvements in respect of access, lighting and infrastructure in an effort to ensure that the Estate is an attractive place for both users and customers."
3.4 There are no policies which comment specifically on the use of industrial areas or sites for non-industrial purposes. This is dealt with in the Strategic Plan.
3.5 The site is not within a Conservation Area, there are no registered trees on site nor is it within an area of flood risk. It is appropriate to consider the following planning policies from the Isle of Man Strategic Plan 2016;
Business Policy 1 - Creation of employment opportunities 5 - Limitations on retail and only storage and distribution on industrial sites
General Policy 2 - (b,c,g) - General development considerations
Transport Policy 4 - Highway Safety 7 - Parking Provisions
4.0 PLANNING HISTORY
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4.1 07/01208/B - Construction of a workshop/factory building with associated office and ancillary accommodation including car parking. APPROVED.
4.2 Other applications within Balthane of relevance are as follows, all approved:
23/01342/C - Change of use from as storage unit to a personal training studio 22/00231/C - Additional use of site for the storage of classic cars and for car hire 21/01285/C - Change of use of existing warehouse into a leisure facility 20/00671/B - Conversion ground floor storage and first floor fitness studio 20/00304/C - conversion from general industrial to leisure 18/00799/B - conversion of unit to dog day care facility 18/00127/B - conversion of unit to dog grooming facility 16/01177/B - conversion of unit to motorcycle repairs and sales 15/00665/C - use of premises as plumber's merchants and bathroom sales 15/00156/C - use of office as hair salon 14/01382/B - use of premises as dog grooming facility 12/01610/C - conversion of unit to cafe 11/00870/C - use of premises for the repair and sale of motorcycles 10/01179/C - use of unit as a fitness centre.
5.0 REPRESENTATIONS (in brief - full reps can be read online) Statutory Consultations 5.1 Malew Parish Commissioners - do not object (10/01/24) 5.2 Highways Services - do not object (22/12/23) 5.3 Police (Architectural Liaison Officer) - do not object (22/01/24) 5.4 DHSC (registrations and inspections) - had not commented at the time of writing.
Public Representations 5.5 The following representations have been received as noted below whom amongst them raise the following thematic issues; In Objection; o Competition for existing pharmacies and small businesses o Location should be in a town community o Increase in traffic congestion and parking o Access through an industrial estate for pedestrians not favourable o Threat to job security o Not suitable for an industrial estate o Increase of traffic flows
In Support; o Support the growth of medical companies on island o Positive economic impact o Relieve pressure on GP's o Positive for drug security on island
Those above issues raised have been received from 14 addresses, namely; .37 Ballahane Close, Port Erin .45 Knock Rushen, Castletown .Bay View, Santon .Sherwater,Port St Mary .4 Castlemere, Douglas .26 Close Famman, Port Erin .73 Silverburn Crescent,Ballasalla .1 Oatfield Rise, Ballasalla .2 Fuchsia Close, Ballasalla .15 New Road Laxey
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.Ivy Bank, Foxdale .25 Empress Apartments, Douglas .10 Ballabridson Park, Ballasalla .14 Croit Ny Glionney, Colby
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) Principle (Gp2 Bp1,5) (ii) Retail use (Bp5) (iii) Visual Impact on the character of the area (Gp2b,c,g) (iv) Highway Safety (GP2 h&i)
(i) Principle 6.2 Whilst the site is not designated for these specific purposes, the proposed use does not easily fit into existing allocations within an industrial site designation. On the Island, a change in trends has occurred and a variety of industrial estates now see more public uses of the premises where there is no statutory nuisance from the activity indoors arising from noise, vibration, smell, fumes, smoke or heavy machinery operations. This has been further demonstrated and noted in para. 4.2 of this report, which outlines many examples of alternative business uses on land / buildings located in industrial areas particularly those noted on this same industrial estate within Ballasalla.
6.3 In terms of the proposed use, the site is zoned as industrial which covers a multitude of uses, whilst there is a degree of permitted development for uses on industrial sites for those specific use classes (2.1-office; 2.2 light industry and research and development; 2.3 General Industrial and 2.4 Storage and distribution) a small degree of retail can be anticipated but is very much dependant on the level and scale of the operational activity.
6.4 It is understood the proposed use of the internals of the building would be limited to the storage of bulk pharmaceutical medicine and the sorting aspect would be carried out through automated equipment, packed up and then processed for collection by courier for delivery or customer collection. There is no manufacturing of pharmaceutical products being proposed at the site. The retail aspect that is being sought will align with Manx Care's licensing legislation to allow the premises to become a 'retail pharmacy', but not necessarily a retail shop, nor has the application be assessed as such. The applicant notes; "as this application has come at the request of DHSC, insisting we have retail planning permission. It was our belief this was not required, as we had no plans to act as a retail site selling toiletries, nappies etc. As Kingsley Muti is now in this process, it is right that no restrictions are applied." As such because there is no retail as a conventional shop, Strategic Policy 9 and Business Policy 10 which both seek retail only to towns and villages are not applicable in this instance. It is noted that an application on Balthane Ind. Estate ref; 22/00403/C - To part use industrial unit as a retail outlet (Retrospective) - was refused as this was seeking to sell clothes and antiques and was deemed contrary to Business Policy 5, Strategic Policy 9 and Business Policy 10 of the Isle of Man Strategic Plan 2016.
6.5 The applicant notes they have been; "approved inclusion into the Pharmaceutical List by ManxCare, our contractual duties will include dispensing of ManxCare prescriptions direct to patient. As well as the ability to offer private prescription services to other patients. Our professional clinicians will always be on site to offer clinical interventions and advice to patients in our Consultation and Treatment Rooms...We will buy medicines then supply to the Pharmacies, and hospitals".
6.6 The proposed use here would be contained within the building and the use (storage and distribution) would not be out of keeping within the Industrial estate where there are a variety of business uses and would be of a small enough scale to not be detrimental to the overall land use designation or to those surrounding business uses. The additional services that are offered would be small scale in terms of the overall commercial scale of the business. The introduction of a new
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business here and use of an empty premises would be supported through BP1 and would be seen to generate employment possibilities.
(ii) Retail use 6.7 The use as a retail pharmacy with associated health services, essentially at the front end of the building, would be of a small scale in relation to the overall floor plan and business use, essentially being ancillary. The remainder of the internal area would retain the existing offices on the first floor (only part of the building has a first floor) and the remainder of the ground floor for storage and sorting to allow for further distribution. BP5 allows for exception for elements of retail on industrial sites where they are directly linked to the main use of the business and could not easily be severed. The retail aspect that is being sought will align with Manx Care's licensing scheme to allow the premises to become a 'retail pharmacy', but not necessarily a retail shop.
6.8 It is understood this property has been inspected by another government department (DHSC / Manx Care) and a commercial pharmacy license for the premises has been issued for the rear proportion of the building. In planning terms could be seen as storage and distribution for which PDO applies. The additional use for the "retail pharmacy" from a planning perspective, (which would correlate with DHSC/ Manx Care requirements for licensing) or the customer facing / interaction counter and dispensing (Class 1.1 - 'shop' in the Use class order) would allow for the additional use of the premises to operate as a retail use. The use part as a "shop" or retail in this case could be limited by a planning condition to pharmaceutical / medicinal products and no display of good to purchase. The associated medical treatments or procedures, consulting etc. that could be available at the premises would likely fall into Use Class 4.1 for 'Clinics or health services' and would be within the ground floor areas. Essentially if a member of the public seeks to collect their prescription from the premises rather than it being delivered, this would technically be seen as "retail".
6.9 In terms of whether this would compete with town centre pharmacies and referencing BP 5, this proposal is more of a commercial entity where medicines are purchased in bulk and goes through a degree of robotic sorting, packaging and dispensing as per the prescription/ order and sent out for collection or delivery. The vast majority of retail town centre pharmacies have a degree of other goods that are sold from their premises that would sit outside of medicinal products. As such this proposal is not seen to undermine the vitality and viability of town centre retail areas and the retail aspect here is almost an ancillary use to the premises and not its sole function as a "shop" as noted above.
6.10 Correspondence (para5.3) from the police architect liaison officer had commented in detail and is mainly concerned with physical security at the premises with reference to windows, doors and roller shutters with internal and external CCTV; "It goes without saying that this building will carry risk so procedures and the internal policies with regards to security need to be water tight". As such it is noted the police do not object to the proposal.
6.11 DHSC with responsibility for licensing and inspecting premises/ business were consulted on the application and chased for comment on 19/02/24 & 02/02/24. At the time of writing, no comments have been forthcoming. As such if they have concerns regarding the proposals they can act under their own licensing legislation for which the business requires to operate.
6.12 In response to the comments received form the consultation period, essentially regarding the retail aspect, the applicants notes in their reply to these dated 02/02/24; "Agreements and pricing structure has been set out with the Isle of Man Post Office to offer home deliveries of some medications. We feel this is great for a vital Island business, giving them (IOMPO) an additional form of income. We feel this also serves the most vulnerable in our community... Kingsley Muti is largely focused on the bulk storage and distribution of medicines, both locally and abroad. Hence the reason for our WDA Licence. The consultation rooms allows for patient privacy if intervention or discussion is needed. This is good practice in any pharmacy and should be welcomed...In conclusion, it is important to state the commissioning body behind license approval, Manx Care, supported our application and added us to the "Pharmaceutical List". Manx Care have deemed us
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desirable and necessary for medicine reliance and reliability. This is due to the unpredictable and unreliable pharmacy network currently on the island".
6.13 In terms of the representations received, there has been a number letters of support and letters of concern/ objection. In terms of this, it has been noted above the nature of operation of the proposals and the different markets they would operate in and the nature of the business would not be seen to contribute to a decline of pharmaceutical retail business in a town centre. As such this aspect with the additional of conditions to ensure only medical and pharmaceutical products are retailed would comply with Business Policy 5.
(iii) Visual Impact 6.14 Whilst not in full accordance with the Development Plan and noting there are no physical alterations to the property, when assessed again the broader principles of General Policy 2 a change of use would not impact on the wider character and appearance of the area, nor would it conflict with adjacent uses of the Balthane Industrial Estate. It is further noted existing appearance of the building, essentially the front elevation appears as offices and not as industrial.
(iv) Highway Safety 6.15 This site is close to a bus network and within walking distance of a concentration of population. The estate generates a variety of different users to the business in the estate and this traffic is generally day time and week day traffic and as such there is likely to be capacity on the roadways and adjacent parking areas to accommodate any vehicles which cannot be accommodated on the site such that there will not be an adverse impact on the highway network in the vicinity of the site.
6.16 Highway Services have considered the merits of the proposal, access to and from the site from the highway, as well as parking and highway safety. As the transport professionals their comments are heavily relied upon and as they do not object, the proposal would be aligned with the principles of GP2 (h&i) and Transport Policy 4 and 7.
RECOMMENDATION 7.1 Whilst the land is not designated for the proposed use, the change of use is not considered to be unacceptable with limiting condition for retail and would be in accordance with Business Policy 1 and 5 nor is it considered to adversely impact on the general amenity of the area and is in compliance with General Policy 2.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
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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 : Refused
Committee Meeting Date: 12.02.2024
Signed : J SINGLETON Presenting Officer
Further to the decision of the Committee an additional report/condition reason 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 12.02.2024
Application No. :
23/01468/C Applicant : Mr Charles Simpson Proposal : Additional use of the premises for pharmaceutical retail (Class 1.1) and associated health services (Class 4.1) Site Address : BMS House Port Way Balthane Industrial Estate Ballasalla Isle Of Man IM9 2AJ
Senior Planning Officer Mr Jason Singleton Reporting Officer As above
Addendum to the Officer’s Report
At the meeting of the 12th February 2024, the Planning Committee overturned the case officer's recommendation, and the application was refused for the following reason -
R.1 The area is zoned for industrial use and as such the retail element of the proposal has failed to demonstrate why the proposed use and floorspace could not be located in a town centre location or local centre. As such, the proposal would fail to maintain and enhance the viability and vitality of town centres by controlling the location and nature of new retail and commercial development as outlined at page 11) para 3.4 (d) of the Isle of Man Strategic Plan 2016; and, is therefore, contrary to the provisions of General Policy 2k) and Business Policies 5, 9 and 10 of the Strategic Plan.
Following discussion the Planning Committee determined that the following parties were not accorded Interested Person Status as they were not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
o Ballachrink Farm, Colby o 32 Birch Hill Grove, Onchan o Unit 4D Balderton Court, Balthane o 4 Africa Court, Douglas
as they had not clearly identified the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; were not within 20m of the application site and the development was not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they did not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they had not explained how the development would impact the lawful use of land owned or
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occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.
Reason for Refusal
R 1. The area is zoned for industrial use and as such the retail element of the proposal has failed to demonstrate why the proposed use and floorspace could not be located in a town centre location or local centre. As such, the proposal would fail to maintain and enhance the viability and vitality of town centres by controlling the location and nature of new retail and commercial development as outlined at page 11) para 3.4 (d) of the Isle of Man Strategic Plan 2016; and, is therefore, contrary to the provisions of General Policy 2k) and Business Policies 5, 9 and 10 of the Strategic Plan.
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