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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 20/01374/C Applicant : Armoury Properties Ltd Proposal : Additional use of site as retail showroom Site Address : Wool Control Peel Road Douglas Isle Of Man IM1 4LX

Principal Planner: Mr Chris Balmer Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 27.01.2021 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. No customers shall be served or remain in the building outside the following hours:

Monday 0900hrs to 1700hr Tuesday 0900hrs to 1700hrs Wednesday 0900hrs to 1700hrs Thursday 0900hrs to 1700hrs Friday 0900hrs to 1600hrs Saturday 0900hrs to 1600hrs Sunday Closed

Reason: The application has included these times in their submission and the application have been considered on this basis .

C 2. Notwithstanding the provisions of article 5 of the Town and Country Planning (Permitted Development) Order 2019, or any order revoking and re-enacting that Order with or without modifications, the goods to be sold within the unit (known as Wool Control) shall consist primarily of indoor and outdoor stoves, electric fires, fireplaces, surrounds, hearths, goods associated with stoves/fireplaces, specialist solid fuel/wood/coal/firelighters etc and associated fireplace equipment (fire guards, coal buckets/hods, fire place mirrors, companion sets and hearth tidys and maintenance products unless otherwise agreed with the Department.

Reason: Permission is granted for retail on the grounds of the products lists above (i.e. in association with Village Fireplace business) and consideration has been made on this basis. Further, other goods (i.e. retail) sold form the site could potentially increase customer's number at any one time which could result in a great requirement for parking and cause potential conflict with the adjacent petrol station.

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This application has been recommended for approval for the following reason. It is considered the development proposed would have no adverse impacts upon public or private amenities while the use of the site for the proposed retail would accord with the land use designation of the site. Accordingly, the proposal would comply with Comprehensive Treatment Area Proposal 3, Mixed Use Proposal 8a, Urban Environment Proposal 4 of the Area Plan for the East 2020 and Strategic Policy 1, 2, 9 and 10, Spatial Policy 1, General Policy 2, Business Policy 1, 9, 10 and Transport Policy 4 & 7 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 19th November 2020. __

Interested Person Status - Additional Persons

It is recommended that the following persons 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 4(2):

Athol Garage, Balthane Industrial Estate, Balthane, Ballasalla as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). __

Officer’s Report

1.0 THE SITE 1.1 The site is the Wool Control which is a two storey detached building (including basement level) which is constructed in Manx stone along the southern side of Peel Road and east of the petrol station known as the "Brown Bobby" within Douglas. Fronting the building are four off road parking spaces. The applicants also appear to have a "right of passage" over land (shared with petrol station), albeit not to park etc.

2.0 THE PROPOSAL 2.1 The planning application seeks approval for the additional use of site as retail showroom. The building is currently occupied and operated by Village Fireplaces. Currently the front section of the building is used as a showroom for wood burners and fire surrounds and fire place tools/equipment. The applicants advise that suppliers demand that there is a showroom for their products as part of their contract with the installer but the burners are not sold directly from the showroom. The applicants has a separate unit at Hills Meadow (Industrial Park) to which orders for fire surrounds, stoves and burners are delivered form the UK. They indicated that there is only a very limited range of small scale storage and sale of bulky goods i.e. small burners and some specialist logs for the burners from the application site.

2.2 While public can visit the premises the nature of the operation is such that there are at a maximum only two or three at any one time. The premises are open Monday to Thursday 9am - 5pm, Friday & Saturday 9am - 4pm and closed on Sundays. The operator is not on the premises all the time. The rear of the building is used for storage of items associated with the fitting of stoves and burners, although the applicants explain that the majority of storage association with the business is stored at their Hills Meadow site.

2.3 The application only seeks approval for additional retail use in association with the business of Village Fireplaces - in this case small stoves for indoor or outdoor use and associated, generally bagged, specialist fuels. A condition which limits retail to these goods or

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to goods supplied by Village Fireplaces along with showroom (Class 1f) is acceptable to the applicants.

3.0 PLANNING HISTORY 3.1 There is no previous planning applications are considered relevant in the determination of this applications.

4.0 PLANNING POLICY 4.1 The application site under the Area Plan for the East 2020 is within an area designated as a "Mixed Use Proposals Area - 4. St Georges" and also within a "Comprehensive Treatment Area Proposal 3 - Riverside & Peel Road (east)".

Area Plan for the East 2020 4.2.1 Comprehensive Treatment Area Proposal 3 states: "CTA Proposal 3 - Riverside and Peel Road (Treatment Plan) Development of this area could include leisure, retail warehouse (bulky goods) and residential uses. The acceptability of the range of uses and their precise location shall be assessed as part of a development brief taking into account accessibility, highway impact, design, visual impact and flood mitigation. The presence of buried river channels and 19th century water management channels such as mill leats may require carefully engineered groundworks. Provision for a cycle route that links to existing and future cycle networks including the Heritage Trail shall be included."

4.2.2 Mixed Use Area 8 states: "Mixed Use Area 8 - Riverside Gateway This area, adjacent to the town centre, presents an opportunity to accommodate changing and evolving leisure time pursuits. The continuation of existing uses would be supported in the short to medium term, with potential comprehensive development in the longer term for bulky retail, leisure activities, residential purposes and office uses where specified.

Mixed Use Proposal 8a There will be continued support for existing uses in the short-medium term. Consideration will be given to the comprehensive re-development of the area for leisure, retail warehouse (bulky goods), and residential uses. In respect of the area between Lake Road and the River Douglas (Site DM002g) a design scheme may include office development so long as it forms an integral part of a comprehensive scheme for the entire site which is properly master-planned. Proposals would be subject to a flood risk assessment and mitigation and a highway impact assessment which may require alternative access to the area including a bridge over the River Glass. Comparison goods retailing will not generally be supported."

4.2.3 Mixed Use Area 4 states: "Mixed Use Area 4 - St George's This is the business district of Douglas and is characterised by offices, many serving financial institutions. Athol Street is notably the core of this area and is representative of the economic well-being of the Island. There is a smattering of food and drink uses supporting the area. The primary office frontage along Athol Street is notated by the hatched line on Map 5.

Town Centre - Mixed Use Proposal 4 There will be a presumption in favour of offices and financial and professional services along Athol Street. Within the area, but outside of Athol Street, offices, financial and professional services, food and drink and some residential uses will also be acceptable. Uses which conflict with these will generally not be supported. As this area lies partly within a Conservation Area, development plans should pay regard to the Conservation Area Character Appraisal for Athol Street and Victoria Street."

4.2.4 Urban Environment Proposal 4 states:

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"Proposals which help to secure a future for built heritage assets, especially those identified as being at the greatest risk of loss or decay, will be supported."

4.3 Isle of Man Strategic Plan (adopted 2016) 4.3.1 In light of the above, it is considered the policies from the Isle of Man Strategic Plan (adopted 2016) set out below are relevant in the determination of this application.

4.3.2 The Strategic Plan takes its lead from the Government aims which include the pursuit of manageable and sustainable growth based on a diversified economy which is intended to raise the standard of living of the people of the Island and to provide the resources to sustain and develop public services. It also includes the protection and improvement of the quality of the environment such that it continues to be an asset for future generations.

4.3.3 The Strategic Aim is: "To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage."

4.3.4 The Strategic Aim is noted but not considered directly further, as the relevant aspects are unpacked by the relevant detailed policies which are identified below.

4.3.5 Strategic Policy 1 states: "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 reusing scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."

4.3.6 Strategic Policy 2 states: "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."

4.3.7 Strategic Policy 9 states: "All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park(1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8."

4.3.8 Strategic Policy 10 states: "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"

4.3.9 Spatial Policy 1 states: "The Douglas urban area will remain the main employment and services centre for the Island."

4.3.10 General Policy 2 states: "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;

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(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."

4.3.11 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."

4.3.12 Business Policy 9 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)."

4.3.13 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."

4.3.14 Transport Policy 4 states; "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

4.3.15 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7."

5.0 REPRESENTATIONS 5.1 Douglas Borough Council has no objection to the application (11.12.2020).

5.2 Highway Services do not oppose (11.12.2020). Following from the neighbouring property/owner (see below 5.3) the Department sought additional comments from Highway Services in relation to the concerns raised. Highway Services made the following additional comments (12.02.2021):

"My understanding following correspondence with DBC on this site before responding, such knock on effects have been going on for years with previous uses as can be seen from the Google streetview which dates from 2010. There's an oddity over the lease / sale of the land. Deliveries to the pfs are known in advance, and it is not unusual that there is some disturbance to the highway or adjoining sites were space is constrained as here. It's a shared access and

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there is be need to use the forecourt to manoeuvre into the parking spaces as well as for collections and deliveries.

From experience, a fireplace showroom does not generate many trips in comparison to previous uses or as a standalone function to be considered significant. There will be deliveries and collections. There could be a restriction placed for these to take place at certain times, but I cannot see that it would be enforceable. Amenity is an issue, but again I would not be able easily to defend an objection given the historic land uses and operation of the site. Good neighbourliness between users to co-ordinate better at times of collection and delivery."

5.3 The owners of the adjacent Brown Bobby petrol station (Athol Garage, Balthane Industrial Estate, Balthane, Ballasalla) have objected to the application which can be summarised as (22.12.2020 & 23.12.2020); The applicant does not provide specific information in the application on the type of "Retail Use" proposed, which, if approved in the present form provides retail use of any sorts that is too broad by definition and may be detrimental to the area; The potential number of parking spaces available to the applicant and applied for are inadequate for their present needs let alone any wider proposals to make use of the premises as a Showroom to visitors; The Applicant's Business (Village Fireplaces) employ Administration/office Staff, Sales Staff who park their vehicles outside the Wool Control Premises. In addition, the company employ a number of Fireplace Fitters who currently operate at least three Light Commercial Vehicles with ladder racks; The four spaces that they seek to apply for, would only suffice to forfill their present employee needs without consideration to Visitor Parking seeking to their proposed Showroom; The land acquired by Quayles Garage has an "unrestricted access" Covenant for the benefit of the Old Drill Hall which means the area must remain clear at all times and is to be unrestricted. There is certainly no provision within the Covernant that permits or consents to parking on the forecourt; Contary to the Applicants Supporting Information, the property currently receives regular weekly deliveries of inward goods on wooden pallets off large tail-lift curtain sided lorries which block access of the Eastern entrance to the Brown Bobby Fuel Station for up to 20 minutes; Lorries delivering pallets to the Village Fireplace premises are incapable of unloading in the area without entering & causing an obstruction by parking up on the Brown Bobby Forecourt land which is detrimental to the Fuel Station; Lorries are unable to manoeuvre to exit onto Peel Road without entering the neighbouring land across the Brown Bobby Fuel Forecourt as a thoroughfare. This should not be their only way of exit / entrance and is unacceptable; Lorries are unable to stop, park or unload on the main Peel Road outside the premises due to the traffic lights and busy Circular Road Junction; Vehicular access to the Brown Bobby Fuel Station from the Eastern entrance during these delivery times is completely obstructed and impassable; Vehicles and Pedestrians accessing the Wool Control Centre make use of use the Brown Bobby Forecourt as a thoroughfare from all directions which is a hazardous to the traffic flow on the fuel forecourt; Highways Division memo dated 14th December 2020 which does not oppose the application, does so on the basis of the Public Highway interest, and makes this opinion without prior knowledge of the legal boundaries and restriction of the private land (owned by Quayles Garage Ltd) abutting the entrance to the Wool Control; Signage erected within the area to prevent parking has generally been ineffective. Village Fireplaces have erected very small Customer Parking Signs for areas that are generally unavailable to visitors; There is no splay to permit drivers exiting the Eastern entrance of the fuel forecourt; The IOM Government DEFA used of the Wool Control Centre was only seasonal and for use as warehousing/storage1; and the presence of the Village Fireplace premises has given rise to increased activity about the area which is incompatible with the neighbouring fuel station. Further copies of letters and photographs are included on the Planning Website (23.12.2020).

5.3.1 In response to the objectors comments the applicants made the following summarised comments (25.01.2021): The application makes it quite clear that the only retail use sought is that associated with the business of Village Fireplaces - in this case small stoves for indoor or outdoor use and associated, generally bagged, specialist fuels. A condition which limits retail to these goods or to goods supplied by Village Fireplaces along with showroom (Class 1f) as

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proposed in the application would be acceptable to my clients; Village Fireplaces do not have employees vehicles at the premises. The information from Quayles is misleading and out of date. As indicated in the application Village Fireplaces have a completely separate lease on premises in Hills Meadow for employees /operatives / fitters to work from. Deliveries of large bulky goods are to the latter premises, not to the Drill Hall / Wool Control centre; The four parking spaces immediately in front of the Drill Hall are wholly in the ownership of Armoury Properties and therefore for use of Village Fireplaces staff (only one or two on the premises at any one time) and their customers. Ownership of land by Armoury Properties extends upto the drainage channel visible on site west of their; The forecourt referred to in the application statement is that belonging as above to Armoury Properties, not the garage forecourt; It is a matter of note that Quayles Garage have permanently moved their air / water supply machine onto land possibly forming part of the area which is meant to be free from obstruction at all time. During current lock down a car associated with the garage was seen and photographed seemingly 'permanently' parked on part of this both obstructing access to Village Fireplaces site and seemingly to the above air and water supply equipment. In the recent past they have also had their Athol Car Hire vehicles parked on it; In practice there has never been any conflict between Village Fireplaces and staff operating the Filling Station on behalf of Ellan Vannin Fuels site with amicable arrangements being agreed when large deliveries were, but no longer are, made; In the past similar such arrangements were regularly made with the then DAFF staff operating the Wool Control Centre - see attached photo - when deliveries by wagon and collection by large open sided 'pantechnicon' were made. The current tenant has in the past similarly continued to use the same informal arrangement; As is clear from the ownership, Village Fireplaces can only erect signs and direct traffic on land that they own. How Quayles choose to set up their entrances and exits from the filling station is their own concern; Isle of Man Government when owning the Drill Hall / Wool Control Centre operated a commercial premises. Whilst from Armoury Properties and Village Fireplaces point of view it is extremely regrettable that the Government sold off part of its ownership to the garage for access purposes, the sale and agreement was not set up to preclude future commercial use of the premises nor related traffic use. For such a notable property to have a future it is clear that commercial use of some nature should not be ruled out by an access agreement. Having sold the land to Quayles in 1982, as above, IOM Government (DAFF) continued to operate their premises for a further 30 years with commercial vehicles utilising the common access area; Village Fireplaces have signs up indicating which is their own land; and on an application the applicant is required to show all land which is both owned by them and over which they have a right of access. This is what the application shows. The application also included a full copy of the deed including the access agreement so the Department of Infrastructure had full knowledge of the access arrangements when making their considered comments; and with regard to Conditions, my client would have no problem with a condition relating to opening hours to the public for the showroom / retail element being restricted to between 9 and 5, the latter only being applicable to my client's business but would not wish to restrict the tenant / staff entering the premises outside of these hours eg for delivery of showroom goods. It is respectfully pointed out that EV fuels maintain far longer opening hours.

6.0 ASSESSMENT 6.1 Key Issues 6.1.1 Issues relating to the principle of the proposal are as follows:

o Principle of Development; o Traffic Impacts / parking provision / Impact on Neighbouring Properties

6.2 Principle of Development

6.2.1 In terms of the additional use of the building for retail use, namely bulky retail goods the Department has no concerns. The land use designations of Mixed Use and Comprehensive Treatment Area Proposal 3 & Mixed Use Proposal 8a of the Area Plan for the East all clearly supports this view.

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6.2.2 It is clear when visiting the site the retail element in the main is "bulky Items" in fact the majority is a showroom where person can view potential wood burners/fire surrounds etc and then make an order, rather than walking out with a item there and then. There are small amounts of ancillary items (specialist wood/coals and associated fireplace items - fire pokers, coal buckets etc); albeit again these items would in the main be considered as "bulky goods". Accordingly, for these reasons, the principle of the additional use for the retail elements proposed are considered acceptable on this site.

6.2.3 Further, the building in question has historical and architectural interest and therefore its continued use is important. It should be noted that the building was considered to be Registered a few years ago, albeit it was decided not to do so; albeit is still regarded a building of some importance and therefore meet Urban Environment Proposal 4.

6.3 Traffic Impacts / parking provision / Impact on Neighbouring Properties

6.3.1 Arguably, these aspects appear to be the most contentious issues and how the additional use of the retail element would impact upon the operation of the adjacent petrol station.

6.3.2 Firstly, it needs to be acknowledged that traffic is generated by the existing uses (storage and distribution); albeit, from the applicants comments the majority of storage, distribution and operations of fitting (i.e. inc staff members/staff vans etc) is from the applicants Hill Meadow site. Further, given the size of the building and possible uses, there is always going to be a level of traffic generated by the site. The site position with the highway, site constraints and proximity with the petrol station is also not ideal; however, that is the situation which consideration must be had.

6.3.3 The site has provision of four off road parking spaces for visitors/staff at the site. The site being a showroom for fireplaces etc is unlikely to generate significant of customers at any one time and it is considered the applicants comments that they generally have between "one and two customers at any one time" is reasonable. Further, the issues raised by the neighbours appear to be centres more around larger vehicles parking on the "right of way" section of land fronting the parking spaces, rather than customers of the site parking in this area. In terms of deliveries of both the application site and the petrol station, it is not considered unreasonable to expect the relevant parties to discuss and arrange deliveries to each party without conflict each other. It is not considered the Department's role to arrange this. Arguably, this would likely overcome a number of concerns raised.

6.3.4 Highway Services have consider the comments made by the neighbours and still have no objection to the proposal (see par 5.2). Overall, it is not considered the amount of customers generated by the retail elements would be so great, that it would cause significant impact upon neighbouring properties or have a adverse impact upon highway safety.

6.3.5 Conditions should be added which restricts the hours of operation and the retail element can only apply to the applicants business.

7.0 CONCLUSION 7.1.1 Overall, it is considered the development proposed would have no adverse impacts upon public or private amenities while the use of the site for the proposed retail would accord with the land use designation of the site. Accordingly, the proposal would comply with Comprehensive Treatment Area Proposal 3, Mixed Use Proposal 8a, Urban Environment Proposal 4 of the Area Plan for the East 2020 and Strategic Policy 1, 2, 9 and 10, Spatial Policy 1, General Policy 2, Business Policy 1, 9, 10 and Transport Policy 4 & 7 of the Isle of Man Strategic Plan 2016 and therefore the application is recommended for an approval.

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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. __

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 27.01.2021

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

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.