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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 20/01446/A Applicant : Isle Of Man Enterprises Plc Proposal Approval in principle for the conversion to a retail unit addressing matters of siting Site Address Former Whitestone Car Showroom And Garage Douglas Road Ballasalla Isle Of Man IM9 2LB
Case Officer :
Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 06.07.2021
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. Application for approval of all of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice or the expiration of two years from the date of approval of the last of the reserved matters, whichever is later.
Reason: to comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019.
C 2. Notwithstanding the submitted illustrative drawings, details of the internal layout, drainage, design, means of access, landscaping and external appearance (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Department before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved. These details shall include but are not limited to:
(a) the provision of access junction arrangements and visibility splays (b) parking spaces (car/bike/bicycle/disabled) in accordance with standards and turning areas for vehicles within the site including loading and unloading areas (c) swept path analysis (d) surface treatment of any parking areas and other parts of the site which will not be covered by buildings; (e) all external materials to be used in the development; (f) existing and proposed ground, floor and ridge levels; (g) details of all boundary treatments; (h) hard and soft landscaping;
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(i) tree planting and tree protection measures (j) surface water discharge details (k) details of pedestrian crossings, pavements, bus stops (l) details of any public art (m) measures in reducing energy demand
Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019, and this is an approval in principle and these matters require detailed consideration by the Department in accordance with Development Plan.
C 3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the site shall not be used other than for Class 1.1 (a) the retail sale of goods other than hot food; and/or (d) for the sale of hot drinks, sandwiches or other cold food for consumption off the premises, and/or (h) for the displaying of goods for sale. The site shall not be used for no other purpose in Class 1.1 of Article 5 of the Order at any time.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.
C 4. No customers shall be served or remain in the building outside of the hours; 0800 to 2100 Monday to Saturday, and 0900 to 1800 Sunday.
Reason: In the interests of neighbouring amenity.
C 5. There shall be no deliveries to the site between: 0800 to 2100 Monday to Saturday, and 0900 to 1800 Sunday
Reason: In the interests of neighbouring amenity.
C 6. The retail sales area of the use hereby approved shall be no greater than 460sq m as outlined in orange on Proposed Site Plan drawing number 1845.01.P-02.
Reason: The Department has assessed the impact of the proposal on the basis of this retail sales area and any alternative size would require further consideration
N 1. The land owner/applicant/agent is reminded to speak with Department for Infrastructure regarding the separate Highway Agreements under s4 for adoption and S109(A) for works in the highway, Highways Act 1986.
This application has been recommended for approval for the following reason. On balance, the proposed development would contribute to those policy principles underpin sustainable development providing a community gain to Ballasalla in making use of an underused site which is served by existing infrastructure within a growing settlement, with no new flood risk concerns and conditions safeguarding the amenity of the area and surrounding neighbours.
Plans/Drawings/Information;
This approval relates to drawing numbers 1845.01.P-01, 1845.01.P-02 and 1845.01.P-03, and Planning Statement all received 14/12/2020 and Retail Planning Statement received 11/03/2021. __
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Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations: o Department of Infrastructure Flood Risk Management
It is recommended that the owners/occupiers of the following properties 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): The owners of: o Monaltrie, Ballasalla o Nane Darragh, Ballasalla o 19 Oatfield Rise, Ballasalla as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2020).
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 4(2):
The owners of: o Ballajimoara, Grenaby o Birch Grove, 105 Silverburn Crescent, Ballasalla o Abbeydale, Ballasalla o 16 Clagh Vane, Ballasalla o Mannin Retail, Kewaigue, Douglas As they 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. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL IS CONTRARY TO THE LAND USE ZONING IN THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL.
THE SITE 1.1 The site is the curtilage of the sui generis Whitestone car garage and vehicle showroom located on the northern side of Douglas Road, Ballasalla and just east of the entrance in to the Clagh Vane residential estate. The site measures approximately 3817sq m (0.94acres).
1.2 Existing on the site is a large 'L' shaped flat roof building wrapping the north-west corner of the site. The building footprint measures approximately 806sqm and comprises two parts; a single storey glass fronted showroom building along the rear boundary and a slightly taller garage building with large roller shutter doors running the western side boundary. A large forecourt sits central to the site. Banking and vegetation including some trees defines the eastern boundary from two neighbouring dwellings. Access into the site is directly from the A5 main road running through the village.
1.3 Immediately along the rear northern edge the site bounds with the rears of a number of single storey dwellings in Oatfield Rise cul-de-sac. The application site sits at a level lower than these dwellings and their rear gardens.
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1.4 Running along the western boundary between the site and the neighbouring Cooyrt Drine apartment buildings is a small water course which then appears to culvert under the road. Flood maps indicate that this water course runs along the rear, down the western side crossing the road and continuing south through fields and towards Balthane Industrial Estate.
THE PROPOSAL 2.1 The application is seeking an approval in principle for the removal of the garage, part of the existing building and the conversion and extension of the remaining showroom building to provide a 645sqm retail unit. Information submitted within the application indicates that this retail use shall be a neighbourhood food store/supermarket.
2.2 The application is seeking only to establish the principle for the new retail use and for the siting of its extension; all other matters in respect of design, external appearance, drainage, internal layout, means of access and landscaping are to be reserved subject to a future application for their detail (the reserved matters).
2.3 In addition to site and location plan and the proposed building footprint, the application bundle also includes a level of information to help demonstrate how some of the 'reserved matters' issues could be resolved or addressed at a later date. In this specific case drawing 1845.01.P-02 shows indicative detail as to how the internal layout could be provided and how some functions such as deliveries and bin storage could be dealt with, the same plan also marks out how access and parking could be achieved showing a two way entrance/exit with a one way system around a forecourt providing 27 car parking spaces, 2 disabled spaces and motorbike and bicycle parking. Splays of 70m visibility in both directions is shown from the indicative access arrangement and a potential new footpath is shown running along the road edge and into the site.
2.4 Following a request from the Department a Retail Impact Assessment was provided for the application which looks at the need and deficiencies of retail uses in Ballasalla and its surrounding catchment area (which stretches northwards towards Ballamodha and St. Marks); impact on nearby shopping areas of Douglas, Castletown and Port Erin; impacts of the proposal in terms of noise, traffic, parking, visual impact and energy consumption; an assessment against Development Plan policies and a response to those concerns raised by local residents and consultees.
PLANNING HISTORY 3.1 Records from 1984 show that a number of applications have been submitted at the site over the years including for the construction and installation of car washes, the relocation of a jet wash and a petrol interceptor tank, extensions to the rear of the garage store and the creation of office and toilet facilities. The applications since 2006 have related only to changes to advertisement signage at the site both illuminated and non-illuminated. The most recent being in 2017 approved for signage under 17/01253/B relating to the motor vehicle businesses occupying the showrooms, garages and forecourt at the site.
3.2 There are two applications considered relevant to the assessment of the current application both approved for new residential development within Ballasalla PA 19/00137/B for 282 new houses currently under construction at 'Reayrt Mie' (phases 1 and 2 only) and an earlier application from 2015 under PA 15/01148/B for an increase in houses from 41 to 51 at Clagh Vane.
3.3 Consideration throughout the application shall also be given to the land use designations outlined for Ballasalla on Map 4 of the Area Plan for the South 2013 (APS) which in addition to the 'Reayrt Mie' site also designates a large area (site 2 in the APS) for proposed residential between the A5 and Crossag Road and a Strategic Reserve south of Ronaldsway Business Park. The written statement for the APS implies a potential for more than 100 houses on this site, with planning history showing 257 houses being applied for in 2006 under PA 06/02245/B,
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although considered to accord with the residential land use designation the application was refused at appeal due to it being premature to the preparation of the Area Plan which would include commitments of primary education and highway infrastructure proposals in Ballasalla.
DEVELOPMENT PLAN AND PLANNING POLICY CONTEXT 4.1 The site is designated on the Area Plan for the South as 'predominantly residential' and is not within a Conservation Area. The Landscape Character Appraisal recognises the site as 'urban'. On recent DOI flood risk maps the site is recognised as being at high flood risk for both river and tidal and surface water.
4.2 The Development Plan recognises the Island's hierarchy of service provisions, the main centre is identified as Douglas being the seat of Government and headquarters for most of the Islands principal businesses and retails stores, outside of this are smaller 'service centres' such as Castletown and Port Erin in the South which seek to provide service provision for their respective hinterlands, and secondary 'service villages' such as Ballasalla and Port St Mary providing limited services. It also identifies that there are a number of smaller settlements that have little or no service provision and which rely on other centres for their services (such as Ballabeg, Ballafesson and Colby in the South).
4.3 Ballasalla sits within the parish of Malew which is one of the largest on the Island, it comprises small residential groups (such as St Marks), Ballasalla village and employment areas of Balthane, Freeport, Ronaldsway and the Airport. The APS 2013 indicates that Ballasalla has a resident population of around 1400. The older part of Ballasalla is clustered around the ford and Rushen Abbey, although over years there has been renewal and regeneration of surrounding areas including Clagh Vane, the Whitestone public house and the new Commissioner's office. Longer term plans for Ballasalla are clearly set out in the APS 2013 and these include plans for a new school, areas of new residential development, a new bypass and also recognising the growth potential around the airport gateways, Balthane and the Freeport.
4.4 The overall thrust of the Isle of Man Strategic Plan (Strategic Aim) is to encourage the development of sustainable communities. This approach strives to create places where people want to live and work and which integrate well with existing communities, available infrastructure and landscape character. They should be served by public transport and other local services, offer a range and mix of housing types and tenures and reduce or mitigate the impact on the local environment as much as possible.
4.5 Section 6.13 of the APS2013 covers 'Retail' in the South. The Island Spatial Strategy promotes a 'Sustainable Vision' for the Island and sets out the role each of the settlements should play in meeting the needs of its residents. In terms of the South; Port Erin and Castletown (as 'Service Centres'), should provide a range of employment opportunities and will be the main focus for retailing and both offer some comparison and convenience shopping. Port St Mary and Ballasalla (as 'Service Villages') should meet more local needs and requirements in terms of retailing.
4.6 Current retail provision in Ballasalla (a Service Village) comprises a small number of small shops serving local needs and through traffic including a petrol filling station south of the village, a neighbourhood shop in Clagh Vane and a small convenience shop, a takeaway and a florist along the two roundabouts, the Whitestone Public House sits central to the village and all are within the designated 'mixed use' area on Proposal Map 3 of the APS2013. In these 'mixed use' areas there is a degree of flexibility for various facilities and services to encourage vitality and viability and section 6.23.1 of the APS2013 indicates a presumption against any new retail development outside of these designated 'Mixed Use' areas other than the provision of neighbourhood shops such as those at Ballabeg, Colby and Clagh Vane. Corresponding Strategic Plan policies (Strategic Policy 9 and Business Policy 9) also seek to protect and enhance existing retail areas and state that any new retail development will only be permitted in established town and village centres and that any new development should be at an
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appropriate scale that does not have an adverse effect on the adjacent retail areas. The IOM Retail Sector Strategy 2013 states that "Retailing is the central activity in the Isle of Man's town centres and a key component of the economy. The clear majority recommendation from the Retail Committee was for continuation of a town centre focussed approach. Future reviews of the Isle of Man Strategic Plan, Area Plans and other documentation should consider how to address this aspiration. Developing high quality town centre retail and leisure environments, making sure suitable sites and premises are available in them and that they are served by good transport and parking facilities will be the physical platform for a re-energised retail sector. While Douglas is the Island's main centre, Ramsey, Peel, Port Erin, Castletown, Onchan and other centres all play important and complementary roles which should be encouraged."
4.7 The applicants Retail Impact Assessment indicates Ballasalla and its hinterlands as having a population of 2,117 in 2016 with an anticipated growth to 2,963 in 2024. The current 2016 census provides population figures for Castletown = 3,216, Port Erin = 3,484, and Port St Mary = 1,916. Section 4.5 of the APS2013 sets out an 'Urban Capacity Assessment' which identifies Ballasalla as one of the four largest settlements where appropriate housing development would strengthen vitality and would be preferred to vacant or underused land and greenfield sites. The updated Residential Land Availability Study (RLAS) contains figures for new housing approved in the south between 2001-2020, Ballasalla is included within figures for Malew (392 dwellings) which are comparative to those of Castletown (426 dwellings) and Port Erin (355 dwellings). The size of sites designated for residential development for each of the settlements in the Area Plan for the South 2013 should be noted, Ballasalla is by far the biggest: o Castletown = 5.84 ha o Port Erin = 17 ha o Ballasalla = 32.4 ha
4.8 The notable land designation sizes at Ballasalla and Colby were recognised in the Inspectors Report for the APS2013 where it was concluded that "both villages would be able to accept such allocations without significant harm to the environment and it is quite likely that with an increase in population in the two large villages, services and facilities may also improve", and "in the case of Ballasalla...by releasing both Crossag Farm (Site 2) and the Strategic Reserve land now, the provision of a By-Pass would be required and that could then provide an immense environmental improvement to the village. That may well encourage better services and facilities. Bearing in mind that Ballasalla is close to Ronaldsway Airport which is one of the identified "Gateways" into the Island for visitors, a new road that improves communications and the appearance of an area should be encouraged. Ballasalla is shown in the Strategic Plan as a Service Village able to accept additional housing and employment". Transport Proposal 1 (included below) states that provision shall be made for a By-pass to the east of Ballasalla and anything which prejudices its future development or construction will not be supported. A by-pass forms part of PA 19/00137/B at 'Reayrt Mie' and its development was conditioned as part of that approval.
4.9 The current proposal is an application for Approval in Principle for new retail service on a site not designated for retail use, in considering the proposal regard shall be given to the context as outlined above (sections 4.1 - 4.8) along with a number of policies within the Strategic Plan to first determining the acceptability of the principle and whether it would be of an appropriate scale to the area or whether it would result in any harm to adjacent retail areas. Secondly consideration shall be given to number of policies in assessing amenity impacts of the development on neighbouring properties, highways, watercourses and flood risk given the sites location clustered amongst existing residential properties and on an arterial route into and out of the Village.
AREA PLAN FOR THE SOUTH 2013 POLICIES RELEVANT TO PRINCIPLE 4.10 Transport Proposal 1: "Provision shall be made for the construction of the Ballasalla By-pass to the east of Ballasalla and as part of the development of Site 3 as shown on the
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Ballasalla Inset Map (Map 4). Any applications which will prejudice the future development or construction of the By-pass will not be supported."
4.11 Paragraph 7.4.9: "As the Proposal Sites in the Area Plan are developed, the centre of Ballasalla is likely to be affected by changes in the volume of traffic passing through the Village. As and when the Ballasalla by-pass is constructed, opportunities should be taken to improve the environmental quality of the centre of the Village by excluding unnecessary vehicles and undertaking physical improvements to footways and the carriageway. Such works would fall within the public highway and would be the responsibility of the Highway's Division (DoI). Accordingly, the Department supports Transport Proposal 2:"
4.12 Transport Proposal 2: "Following the completion of the Ballasalla by-pass the Department will implement a traffic management and environmental improvement scheme for the Village centre to remove unnecessary vehicle movements and improve the quality of the Village centre for residents and pedestrians."
STRATEGIC PLAN POLICIES RELEVANT TO PRINCIPLE 4.13 Strategic Aim: 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
4.14 Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under- used land and buildings, and reusing 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.
4.15 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.
4.16 Strategic Policy 4: Proposals for development must: (c) not cause or lead to unacceptable environmental pollution or disturbance.
4.17 Strategic Policy 5: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies."
4.18 Strategic Policy 9: "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."
4.19 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".
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4.20 Spatial Policy 3: The following villages are identified as Service Villages o Laxey o Jurby o Andreas o Kirk Michael o St Johns o Foxdale o Port St Mary o Ballasalla o Union Mills Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing.
4.21 Spatial Policy 6: The strategic roles of Ronaldsway Airport and Douglas Harbour as principal gateways to the Island will be protected and enhanced.
4.22 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(1).
4.23 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."
4.24 Paragraphs 9.4.4 "For the purposes of Business Policy 9 major retail development will be classed as any new or increase in existing retail development of more than 500 sq. metres of floor space measured externally. For the purposes of Business Policy 10 new neighbourhood shops within new residential developments will not normally comprise more than 100sq metres of floor space measured externally."
4.25 Community Policy 1: Where relevant and appropriate, there should be provided by the developer of new or expanded residential areas, community benefits in the form of neighbourhood centres.
4.26 Community Policy 2: New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings.
4.27 Community Policy 3: Development (including the change of use of existing premises) which results in the loss of a local community facility (other than shops and public houses) will only be permitted if it can be demonstrated that it is no longer practical or desirable to use the facility for its existing use or another use likely to benefit the local community.
STRATEGIC PLAN POLICIES RELEVANT TO IMPACT OF DEVELOPMENT 4.28 General Policy 2: "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 watercourses; 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;
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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."
4.29 Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria: (a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; (b) details of pollution and alleviation measures must be submitted; (c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and (d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species."
4.30 Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted.
4.31 Environment Policy 22: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i. pollution of sea, surface water or groundwater; ii. emissions of airborne pollutants; and iii. vibration, odour, noise or light pollution."
4.32 Environment Policy 23: When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours.
4.33 Environment Policy 43: The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition.
4.34 Transport Policy 1: New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes
4.35 Transport Policy 2: "The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems."
4.36 Transport Policy 4: 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.
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4.37 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
4.38 Infrastructure Policy 4: Development will not be permitted where it would have an unacceptable impact on surface water and groundwater quality in the public water supply protection areas defined in the 1982 Development Plan Order and subsequent Local and Area Plans.
4.39 Infrastructure Policy 5: Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources.
4.40 Energy Policy 5: The Department will prepare a Planning Policy Statement on Energy Efficiency. Pending the preparation and adoption of that PPS the Department will require proposals for more than 5 dwellings or 100 square metres of other development to be accompanied by an Energy Impact Assessment.
4.41 Appendix 7: Provides standards for parking to be provided for certain types of development: Neighbourhood shops. Spaces for staff, customers, and service vehicles will be required.
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Malew Commissioners - concerns (20/01/2021) - The Commissioners question how this application fits with Transport Proposal 1 of the Area Plan for the South given that the Ballasalla by-pass has now been approved and construction commencing and that Paragraph 7.4.9 states "when the Ballasalla By-pass is constructed, opportunities should be taken to improve the environmental quality of the centre of the Village by excluding unnecessary vehicles and undertaking physical improvements to footways and the carriageway."
5.2 Castletown Commissioners - concerns (03/02/2021) - the potential impact of out of town retail and the expansion of Ballasalla as a service village would be against the Service Town of Castletown in the context of the spatial policy hierarchy.
5.3 Department of Infrastructure Highway Services - Do not oppose subject to conditions (11/01/2021 and 22/03/2021):
5.3.1 Proposal is acceptable in principle, providing opportunity for pedestrian enhancements on provision of a new footway, altering the streetscape and reducing the number and type of movements to and from the site.
5.3.2 With respect to the indicative layout this should conform to the Design Manual for Roads and Bridge, Manual for Manx Roads and Making a Planning Application-Supplementary Guide on Highway Issues given the access is of a primary route, the A5 and which would need to be subject to a separate S4 and S109 agreements post planning.
5.3.3 The new footway is welcomed for staff and customers travel, another pedestrian entry point at east by the existing trees may be practical along with a bus stop or shelter to benefit sustainable travel in the area (this would need to be outside of sightlines). There is adequate space to provide a single access arrangement for entry and exit at 7.3m but radii should be checked by vehicle tracking of the largest vehicle likely to use the site on a regular bases (either a 12m rigid, small artic or the waste collection vehicle). It would be prudent to provide a tight layout to keep speeds low. The proposed visibility splays at 2.4 x 70m are compliant for a village and a 30mph speed limit. The proposed 29 car parking spaces 2 which are for disabled
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use is adequate based on a ratio of 1:15sqm which is in keeping with ratios typically used for retail units of between 250 and 800 sqm gfa which often have ratios varying between 1:12sqm for food and 1:25sqm gfa for non-food. Two Sheffield style stands would be sufficient to allow the parking of three / four bicycles as close as possible to the entrance / exit to / from the building for security reasons. Two motorcycle parking are indicated which is sufficient and again close proximity to the store entrance / exit is prudent for security reasons.
5.3.4 Internally, the indicative layout is acceptable, showing a loading dock, a one-way clockwise circulation for cars and parking spaces. The reversing movement to the loading dock would require checking by a swept path analysis to allow entry and exit in a forward gear avoiding reversing from the highway. The largest vehicle likely to use the site should be used as for the junction access. Car parking spaces can be cordoned off if necessary as delivery and collection times would be known about. A ramp to the building entrance and exit may be necessary and door widths and internal aisles will need to be able to cater for wheelchair users. Space is identified for waste bin storage and likely to be suitably positioned for collection. The amount of collections and deliveries are expected to be similar to the garage with a regular, at least daily use, by a rigid vehicle. The number of customer visits are expected, however, to much lower reducing from 500-700 to 380 customers per day with many drawn from the local area. Up to 36 staff could be employed in shifts and some part-time with many expected to be drawn from the local area reducing car based travel.
5.3.5 No significant road safety or network efficiency issues are foreseen based on the indicative layout and accordingly Highway Services raise no opposition subject to a condition for the submission of full details in the form of scaled plan and / or written specifications to illustrate the following: i. Access junction arrangements, including visibility splays ii. Closure and reinstatement of any existing site access iii. Internal layout of vehicle and pedestrian areas, including parking spaces, loading and unloading iv. Car parking provision in accordance with adopted standards or applicable guidance. v. Bicycle parking in accordance with criteria within Local Transport Note 1/20 or Active Travel Wales vi. Motorcycle parking in accordance with applicable guidance drawn from sites elsewhere on Island or from the UK. vii. A swept path analysis of the proposed access junction using the largest vehicle likely to use the site to demonstrate suitability of the corner radii at the proposed access junction and use of the loading dock viii. Stage 1 Road Safety Audit ix. Off-site works for a new footway across the frontage and connecting path at east and sustainable travel matters considered in respect of bus stops or shelters.
5.3.6 Additionally, an advisory note is sought to remind the application to apply for Highway Agreements under s4 for adoption and S109(A) for works in the highway, Highways Act 1986.
5.4 Department of Infrastructure Flood Risk Management - initial comments indicated no interest in the application, however following concerns of the flood risk zoning on recent maps further comments were sought. It was later confirmed DO NOT OPPOSE (22/04/2021) clarifying that there is no change in terms of vulnerability of the site.
Comments from neighbouring properties: 5.5 The owners of 105 Birch Grove (26/01/2021) - IN SUPPORT - essential to offer residents a bigger retail outlet. Castletown is also expanding and so those houses will support shops in Castletown.
5.6 The owners of Molatrie 22/01/2021 - COMMENTS - No objection in principle, however raise concerns in respect of overlooking and whether fencing has been considered between the
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site and their boundary. They also raise concern in the increase of traffic at busy times and congested times. 5.7 Ballajimoara, Grenaby (04/02/2021) - COMMENTS - Disappointed that the commissioners have not taking into consideration the demographics of the community and that the site may provide a better care home.
5.8 The owners of the following properties all wrote in OBJECTION, their comments had shared views and have been summarised below (full reps can be viewed online): Abbeydale, Douglas Road, Ballasalla (30/01/2021), Nane Darragh, Douglas Road, Ballasalla (25/01/2021), 19 Oatfield Rise (02/02/2021) and 16 Clagh Vane (21/01/2021 & 12/04/2021) o Proposal is excessive in size and proportion to its local environment and would not be in keeping. o Lack of need given the existing facilities in the village, and would harm the viability and vitality of the existing facilities. o Will increase traffic and congestion in the village o Limited safety for pedestrians as there are no pavements on this side of the road. Local residents will also likely drive given the distance of the site from some dwellings. o Hours of trading will be longer than previous business and will generate noise, lighting and smell disturbance. o Ample parking will only encourage traffic into the village and away from using the by- pass. o Any physical alterations to the building would cause loss of light and overlooking and any development works could cause vibration, noise and dust issues. o The site could be better used as an alternative facility.
5.9 A representative of Mannin Retail, Kewaigue, Douglas (21/01/2021) - OBJECTION - Proposal is beyond the size of a neighbourhood store and sized closer to a supermarket, and should be provided with a Retail Impact Assessment. Ballasalla already has three neighbourhood stores accommodating a local chemist, post office and petrol station, the impact of another food retailer will undermine the viability of these businesses.
ASSESSMENT 6.0 The current proposal is an application for Approval in Principle for a new retail development on a site not designated for retail use. The only details to be considered now are the principle and siting, with all other matters (internal layout, drainage, design, means of access, landscaping and external appearance) being reserved. Along with principle and siting assessment regard shall also be given to amenity impacts on neighbouring properties, highways, watercourses and flood risk given the sites specific location clustered amongst existing dwellings, being in a current arterial route and having a small culvert running alongside.
Principle 6.1 A proposal for retail development here would be contrary to the residential land use designation of the site and could be considered to go against the key aims of Strategic Plan policies and the IOM Retail Sector Strategy which first seek to direct retail to key town centres and service centres in line with the Island Spatial Strategy hierarchy, unless the proposal were for a neighbourhood shop. However, taking into consideration the ongoing evolution, regeneration and growth of Ballasalla through the upgrading of existing residential areas such as 'Clagh Vane' and its expansion across recently approved 'Reayrt Mie' it would be unreasonable to ignore the current and ensuing population increases and the need to provide suitable facilities to support its community needs in an efficient and sustainable manner which is encouraged by the Strategic Aim of the Island's Strategic Plan.
6.2 Ballasalla has potential to be one of largest populations in the South akin to those population figures for Castletown and Port Erin, yet is serviced only by few small shops some of which have limited practicability given their positioning on roundabout junctions and with little
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or no available parking. The proposed development is to occupy a key site along the main road in the centre of Ballasalla which has previously operated as a vehicle garage and showroom with a large forecourt but which has been left vacant or underused for quite some time. Strategic Policies 1, 2, 9 and 10 of the Strategic Plan along with Community Policy 2 offer support the use of existing and underused sites within existing towns and villages that make best use of existing infrastructure, encourage pedestrian movement and which optimise previously developed land. Spatial Policy 3 and Business Policy 10 support increased employment and retail opportunities in service villages and Community Policy 3 outlines that such development should have benefit to the local community. The IOM Retail Sector Strategy 2013 also encourages retail sites to be served by good transport and parking facilities. The current proposal by its very nature in terms of its location, size, scale and positioning central to Ballasalla, along a main road, provided with a large forecourt parking area and with potential for increased employment would be a reasonable fit with each of the tests of the aforementioned policies.
6.3 Business Policy 9 states that support will be offered to new retail provision which will not have an adverse effect on adjacent retail areas. Castletown Commissioners raise concerns in how the expansion of Ballasalla as an 'out of town' centre would have adverse effect on Castletown town as a service centre. Tynwald's stance is to revitalise existing towns and villages for community benefit (Strategic Plan Paragraph 9.2.5) and to avoid 'out of town' retail development such as those on isolated countryside sites or on the outskirts of those town centres. It is accepted that Balllasalla is a service village and technically falls below Castletown in the hierarchy list as set out in the Development Plan, but for the very reason of its growth proposal for new retail development here is not considered unacceptable.
6.4 The Retail Impact Assessment provided with the application sets out a comparison of the proposed development on the key retail areas that Ballasalla and its catchment area currently relies upon; Castletown, Port Erin and Douglas. It's a matter of fact that by providing new retail development in Ballasalla will likely reduce demand for residents needing to travel to either of the neighbouring retail areas, but given the specific context and growth of Ballasalla the proposal is expected to result in an overall community gain and work towards an improved sustainability for the immediate residents and one which would outweigh any potential harm anticipated on those comparison retail services in Castletown, Port Erin or Douglas.
6.5 Malew Commissioners are not convinced that the proposal fits with Transport Proposal 1 and paragraph 7.4.9 of the Area Plan for the South 2013 particularly as construction for the by- pass has commenced and therefore opportunities should now be taken to improve the centre of the village by reducing unnecessary vehicle movements. This view is also shared by a number of objectors.
6.6 There are a number of matters which have been considered in the assessment in terms of traffic flow and management, for example, should the by-pass not have come to fruition the level of traffic passing through the centre of the village would remain unchanged. In this scenario the proposal would offer a retail facility to passing trade and would offer a walking distance retail shop to the local community. Thus the overall impact on traffic through Ballasalla would likely remain unchanged. In a situation of the by-pass coming into use however this would offer an alternative route to the south including the Airport and its surrounding industrial, Freeport and business parks areas. Some traffic will still choose to travel through the village perhaps if heading to the surrounding hinterlands (Ballabeg, Colby or Port Erin) but a retail facility here may offer this already passing traffic a service which could reduce their need to make further travel later in their journey. The by-pass would offer a more direct and potentially less disrupted (quicker) route to the airport and south which will be preferable to some (particularly larger industrial type vehicles who would no longer need to navigate the narrower winding roads in the centre of Ballasalla to get to the industrial areas). It is accepted that there is still potential for the proposal to divert some traffic into Ballasalla by providing a facility 'en- route', thereby undermining the effectiveness of the by-pass, but it would also provide benefits
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of potentially reducing the number of journeys needed to get provisions as well as providing a shop within walking distance of a number of properties.
6.7 In terms of Transport Proposal 1 it is interpreted that this policy is to protect the physical development of the by-pass by ensuring it is not compromised by another development being approved and consequently sterilising the land, for example a new agricultural building situated on the proposed by-pass route which could jeopardise its future development. For this reasons it is not considered that the proposal would adversely affect the bypass and therefore complies with Transport Proposal 1.
Siting 6.8 The physical siting of the proposal is to utilise existing structures on the site, albeit reducing it in part by removing the garages and extending it across the main frontage but the overall siting and its distances from the neighbours remains largely unchanged. The removal of the garages takes its siting further from the main road and plans submitted indicate that this would help to facilitate an alternative access, turning and parking arrangement within the site which could support the proposed retail unit. Overall the siting of the proposal is not considered to be unacceptable nor is it expected to result in any new harm or adverse issues on the surrounding environment beyond the existing building.
Other matters (impacts on neighbours/highways/watercourses/flood risk) 6.9 The current use of the site is a vehicle showroom and car garage where there would be an expected level of activity and noise associated with such a use (in the coming and goings of workers and customer and any mechanical fixing of vehicles) with the proposal being no worse than the existing arrangement by having a comparative level of activity and noise (albeit potentially more comings and goings of customers but on balance less noise from fixing vehicles) and not expected to result in any significant adverse harm on the surrounding neighbours.
6.10 Highway matters are to be reserved for future consideration although the application has been provided with a certain level of information to demonstrate how safe and suitable access and parking can be provided for the proposal and DOI Highway Services have indicated this would be acceptable in principle. They also highlight the need for further detail be provided as part of full details for the scheme including additional turning and swept path analysis.
6.11 DOI Flood Risk commented on the application confirming that they do not oppose as there are no changes to the site in respect of its vulnerability beyond the existing situation. For the same reasons the principle of the proposal is also not expected to create any new or adverse impacts on the watercourse beyond the existing arrangement. It may be in the applicant's best interest for their own sake to consider ways in which to best protect themselves from any potential flood risk (for example this could be by having electrical equipment fitted at higher levels above the ground).
CONCLUSION 7.1 Ballasalla's recent and continued growth shows potential in it becoming one of biggest populations in the south but with limited retail services for its community. The size, scale and nature of the proposed retail facility in this location is considered to be acceptable and expected to provide a community gain to Ballasalla and those nearby smaller settlements that have fewer or no service provisions and potentially offering an improved sustainability by reducing the need and demand for private vehicle use both in the immediate vicinity and further afield. The addition of a number of conditions relating to operation hours, timing of deliveries, fencing and landscaping details, size of unit and use class will also help towards safeguarding the amenities of the neighbours.
INTERESTED PERSON STATUS
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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
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 12.07.2021
Signed : L KINRADE 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 12.07.2021
Application No. : 20/01446/A Applicant : Isle Of Man Enterprises Plc Proposal : Approval in principle for the conversion to a retail unit addressing matters of siting Site Address : Former Whitestone Car Showroom And Garage Douglas Road Ballasalla Isle Of Man IM9 2LB
Planning Officer : Miss Lucy Kinrade
Presenting Officer As above
Addendum to the Officer’s Report
A member of the Committee raised question as to the restriction of delivery hours set out in Condition 5. It was noted by the officer that the wording 'outside of the following hours' had been missed from the condition which would have fulfilled the intention to avoid deliveries at unreasonable hours. It was therefore recommended and agreed that Condition 5 be amended to include this.
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