Officer Report

Application No.: 15/01073/B Applicant: Mannin Retail Ltd Proposal: Erection of extension to rear of existing shop to provide additional store and shop floor area and alterations to the existing building Site Address: The Milestone Petrol Station Peel Road Douglas Isle Of Man IM1 5ED Case Officer : Miss Abigail Morgan 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

1.0 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.

2.0 THE PROPOSAL - 2.1 This proposal is a reduction in size to PA/14/00561/B. The agent has confirmed that as the applicants are tenants the size has been reduced to enable it to be viable and the cost of the extension to be recouped during the term of the lease. - 2.2 The application seeks planning approval for the erection of an extension to the building to the rear to provide a further 84 sq m of footprint to provide additional retail space, store and staff facilities. - 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 Under the previous application, the applicant had commissioned a transport assessment which focussed particularly on the car parking requirement. They estimated that 12 customer spaces will suffice for a shop floor area of 162 sq m with the inclusion of two further staff parking spaces.

2.5 The application also includes alterations to the existing building, including installation of a access ramp and railings to the front entrance, new shop front with relocation of main door to the middle, creation of parapet roof to tie in with proposed extension, rendering of existing building and painting white and new window in existing shop on western elevation and installation of 2 external chiller units on proposed extension.

3.0 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:

• o 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.
• o PA 89/00538/A proposed approval in principle for the erection of non-food retail stores, restaurant car showroom ancillary offices and parking.

3.3 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. - 3.4 PA14/00561/B - Alterations and extension to existing PFS premises. Approved at Committee 10.04.14.

4.0 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. - 4.3 Strategic Policy 1: Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused 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.

4.4 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. - 4.5 Strategic Policy 9: 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...

4.6 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.

4.7 Spatial Policy 1: The Douglas urban area will remain the main employment and services centre for the Island. - 4.8 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. - 4.9 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. - 4.10 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 considered to be 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.

4.11 Business Policy 5: 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.

4.12 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). - 4.13 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. - 4.14 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.

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council indicates that they do not oppose the application (20 and 21.10.15). - 5.2 DOI Highways do not oppose the application. (01.10.2015).

6.0 ASSESSMENT - 6.1 The principle of an extension has been established on this site. - 6.2 The proposal involves an increase in the size of the existing retail area from 36.5 square metres to 120 square metres, which is some 43 square metres smaller than that previously approved. 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 both the pre-application discussions and application of the 2014 consented scheme. It was considered that as 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, that an extension would be acceptable subject to a condition restricting goods to be convenience type goods. Nothing has changed since this initial assessment to give a reason as to why the proposal would no longer be acceptable. In fact the proposed floorspace is reduced which would limit the amount of stock available to that which was previously approved. - 6.3 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. It was previously accepted that 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. - 6.4 The design of the extensions remains predominantly as per the previously permitted scheme and is mostly functional in appearance. It is a flat roof extension finished in white render, which as part of this proposal the existing building is also to be rendered white so that they will match and appear as a single building. However as it is largely set within the existing petrol filling station canopy and pumps and set to the context of existing commercial buildings, it is considered to be discreet. The two storey extension to the rear has been removed from the proposal.

6.5 There is also the addition of a ramp to the front of the building for easier access to the front of the building, with the new shop front moving the door to the middle of the elevation. 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. - 6.6 The design of extensions the extensions would be appropriate and that it would not harm the character and appearance of the area. - 6.7 It was previously judged that there will be sufficient parking spaces for those who will require such who visit the site and as there is a reduction in floorspace but not parking spaces it is considered that there is no change to the original assessment. - 6.8 It has been previously assessed that the development proposed is acceptable without causing undue harm to the town centre or public amenity. No significant material circumstances have altered since the original approval in principle was issued. - 6.9 The site contains a number of trees and previously it was proposed that four sycamores be removed in the north-east corner of the site, but that the remainder will be retained. Due to the reduction in the foot print the agent has confirmed that their removal is no longer a necessary requirement due to the development. However it is noted from the previous application that some of the trees were not good specimens which may facilitate their removal in the future in any event. Notwithstanding this a condition is recommended removing the details from the details submitted, as the submitted plans still show they are to be removed as part of the proposal. The agent has confirmed he is happy with this approach. 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 requiring further information is therefore also proposed.

7.0 RECOMMENDATION - 7.1 Taking to account the above the application is recommended for approval, subject to conditions.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and

• (e) The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation:

17.11.2015

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 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.

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.

This approval relates to Drawing Numbers 1317-MS-002, 1316-MS-204-E, 1316-MS-205-E, 1317-MS102 and 1317-MS-101 and Planning and Design Statement v1 all date stamped received 23 September 2015.

Decision Made : …PER…… Committee Meeting Date:…30.11.2015

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.

Signed :…………J CHANCE………….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraphin the Officer’s report).

Signatoryto delete as appropriate YES/NO