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Application No.: 20/01497/B Applicant: Mrs Kate Maddrell Proposal: Erection of craft workshop pods, shed and additional use of site for sale of art Site Address: Grenaby Art Studios Ballamaddrell Grenaby Road Ballabeg Castletown Isle Of Man IM9 4HD Principal Planner: Miss S E Corlett Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 12.04.2021 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: the site is not designated for retail use nor in a town or village centre and uncontrolled retail here would be contrary to Business Policies 8 and 9 and Strategic Policy 9 of the Strategic Plan.
Reason: to control the impact of the proposed use on highway safety and the amenities of the surrounding area.
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Reason: to control the impact of the proposed use on the surrounding highway network and the amenities of the surrounding area.
The development represents a unique form of promoting locally produced items and the benefits to the local economy together with the reuse of existing buildings of architectural and historical interest (the older buildings in the existing group) without any adverse environmental impact and these benefits are considered to outweigh the policy presumption against retail use in such areas. Given the nature of the proposed retail it is not considered that the same form of the sale of these goods could be as successfully achieved if offered individually from a town or village centre.
Plans/Drawings/Information; This decision relates to plans reference 1817A:01 and 1817A/02 received on 4th December, 2020 and 1817A/02A received on 22.02.21. _______________________________________________________________
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)
Ballacubbon Farm is 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. _____________________________________________________________________________
THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL
1.1 The site is the curtilage of Grenaby Studios, a complex of buildings, some new, some older which accommodate a range of craftspeople who make pottery, wood and metal art. The complex is historically associated with the house to the south west, Ballamaddrell, and is currently still in the same ownership. - 1.2 The site is accessible to the public and some of the units are open for customers at certain times of the week (Element Isle (jewellery - although they are moving or have recently moved to other premises), Jo Lewy (ceramics), Graham Rider (woodwork), Isle Be Creative (glass items), Out of the Woods (wooden items) and is open on Fridays and Saturdays 1000-1600hrs. Some of the occupants run workshops relating to their craft. Most of the operators offer online shopping and postage/delivery facilities. - 1.3 Whilst the site is not generally open as a retail facility, there are pop up events throughout the year for the incumbent and visiting local artists and craftspeople. These are particularly popular in November and December leading up to Christmas and during 2020 the events were particularly well subscribed, so much so that a one way system through part of the site was introduced so that customers could flow safely and effectively through the building. - 1.4 During these events, car parking can be problematical. There are 12-15 parking spaces within the complex and an overflow car park to the south west of Ballamaddrell House which
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can accommodate a further 6 vehicles or so. This is not identified on the submitted plans but is within the ownership and control of the applicant. Often vehicles are parked on the side of the
2.1 Proposed is retrospective permission for the erection of two pods and a summer house type structure within the complex for purposes of display and sale of artwork. The pods were erected in 2017 and the summerhouse in 2019. Permission is also sought for the use of what was approved as a workshop, as a retail unit (currently Element Isle) and for the complex to include the sale of artists' work. - 2.2 Following concerns raised by third parties about highway safety, principally arising from the traffic issues arising from the pop up events held at the site, the applicant submitted a revised plan, reference 1817A/02A which shows the planning evolution of the site along with the proposed parking within it, 1817A/02 showing the proposed layout without this information. In addition, the applicant provided additional information clarifying that they acknowledge the difficulties and inconvenience caused by the pop up events and agree not to hold any further such events, with any such activity being directed to other sites such as Castletown Civic Hall and if the situation were to change at any time in the future, the parking issue will need to be addressed and an event management plan would need to be devised to overcome highway safety issues. - 2.3 They clarify that the pods were erected 4 years ago and one is used as an artist's studio and the other as a pop up facility by the same artist. The shed was erected 2 years ago and is used as a quiet space for one of the artists using another existing unit. Currently the site is open for sales and for people to meet the artists between 1000hrs and 1600hrs on Fridays and Saturdays. They did not realise that such low key retailing of good produced on the site required planning approval. There are 10 permanent artists' studios/workshops and the site only has a few visitors over the two days that the studios are open to the public, on average between 7 to 10 vehicles which can easily be accommodated on the site. There are 15 spaces on the site. - 2.4 The applicant has added to this on 08.04.21, explaining that whilst the existing provision for public opening (1000 - 1600hrs on Fridays and Saturdays) suits the current occupants, additional flexibility would allow artists to have appointments with customers during the week and to adapt to future requirements and demands and will allow a spread of custom throughout the week. They suggest opening hours of 0900 - 1700hrs Monday to Saturday but they wish to stress that the principle is to create a peaceful and stressless working environment for the artists. If these proposed hours are not acceptable then they are prepared to revisit them. They confirm that there is no intention to sell art from artists who are not based at the site and are happy that the provisions of the Temporary Uses Permitted Development Order are suspended as they do not intend to have any further pop up events. If they ever intend to do so they understand that they will have to apply for the relevant permission and supply an event management plan with appropriate provision for traffic management.
PLANNING POLICY Area Plan for the South 3.1 The application site is shown on the Area Plan for the South as being within an area designated as not for a particular purpose. On the draft Landscape Character Appraisal the site lies within an area of Incised Inland Slopes where the following advice is available;
Ballamodha, Earystane and St Marks (D14) The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities.
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Key Views Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons. Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views.
Implications are:
3.2 Retail uses are generally encouraged to be provided within town and village centres to protect the vitality and viability of these centres and to promote sustainability:
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.
3.4. There is also clarification within the Strategic Plan for other forms of retailing and where these may be acceptable outwith a settlement:
Environment Policy 18: Retailing from farms, market gardens and nurseries (excepting ancillary sales of produce grown thereon) will be subject to the Department's general retail policies.
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:
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.
(1) Retail Impact Assessment is defined in Appendix1.
3.3 Environment Policy 16 makes provision for other uses including commercial of existing historic, architecturally or socially interesting buildings:
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The use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use may be permitted where:
3.4 The site is within an area where there is a risk of surface water flooding from natural water flow through the site from the higher land to the north, as shown on the national flood risk mapping although there is no objection or comment from the Department for Infrastructure's Flood Risk Management Team. None of the buildings on the site is Registered and the site is not within a Conservation Area. Environment Policies 10 and 13 presume against development which would be at risk from or increase the risk of flooding. PLANNING HISTORY - 4.1 The use of the site for craft studios was approved under 04/01741/B, 05/92309/B and 07/00282/B and a completely new building approved for craft unit purposes under 10/00420/B. There were no conditions imposed which prevented public access to the buildings nor the sale of any products made on the premises. The application 07/00282/B contained a condition which read: "This permission relates to the use of the existing sheep shed for a printing workshop as shown in the plans reference 01, 02, 03, 04, 03B and 04B all received on 14th February, 2007. The printing press may be used only as a facility ancillary to the artists' facilities presently on and/or approved on the site under the provisions of PAs 04/0471 and 05/92309.
For clarification, this does not grant permission for the creation of a commercial printing facility available to the public."
4.2 Planning approval is currently sought for the erection of signage at the entrance to the site (20/01415/D). REPRESENTATIONS - 5.1 Highway Service consider that the proposal has no significant negative impact upon highway safety, network efficiency and/or parking (08.01.21). Following concerns raised by others, Highway Services revisited this and expressed concern about the impact of the proposed use on highway safety (10.02.21). Finally on 26.02.21 Highway Services conclude that:
"The additional information and revisions uploaded on 22 February 2021 are acceptable to Highway Services. The information clarifies the position on the amount and position of car parking spaces indicating some 15 spaces are available day to day which is adequate for most operations at the site.
For events, the Applicant has indicated that no open days are to take place which will assist in managing adverse issues surrounding on-street parking and traffic management. Should events occur in future and to better cater for seasonal activities, like Christmas, we recommend that
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conditions to cap the floor space and restrict the number and / or to provide an event management plan with events co-ordinated with Highway Services and the Police. This would allow expectations and amenity to be better managed and would give more certainty to road users, the Local Authority and neighbours. Temporary signing could be put out in advance and cones put around accesses to prevent obstruction. No events should occur when the S100 race is on as Grenaby Road forms the diversion route."
5.2 Arbory Parish Commissioners initially shared the other concerns about highway safety (21.01.21) and finally strongly support the comments made by Highway Services, whilst supporting the application (22.03.21). - 5.3 The owner of Ballacubbon Farm which sits around 330m to the south west of the site, objects to the application. They suggest that no further consideration should be given until the applicant has justified the retention of the existing structures and explains the development of the site over the last ten years together with confirmation of the use of all of the existing buildings and people given the opportunity to comment further. They are aware of the land use designation of the site and that Highway Services have no objection but have observed increasing levels of traffic and parking along a highway which is in terrible condition and where they have had dozens of incidents of water main bursts which they believe is due to the condition of the highway. They consider the Highway Services position to be "absurd" and the application to be deficient. In the absence of any further information to support the application, they recommend the application is refused (14.01.2021). ASSESSMENT
6.1 The introduction of retail uses outwith a town or village centre is generally contrary to the Strategic Policies which protect the vitality and viability of such areas. There are clearly exceptions to this, for example where agricultural or horticultural produce is sold from the site on which it is grown and where items manufactured on site are sold from the same premises although this is qualified for where the sale cannot reasonably be severed from the overall business. It could not be said that any of the items being manufactured on this site could not be sold elsewhere than from the site. Environment Policy 16 would be applicable to two of the existing buildings at the western end of the site and could allow retail therefrom in accordance with policy if it is accepted that the retail use is not detrimental to settlement centres. - 6.2 The craft studios have been operational for some time now and craftspeople have established their premises here, all creating items which reflect the Island in their form, their materials or their subject matter. Most of the operations are relatively small scale and are single person ventures where the person selling the item is also the person making it, in many cases with the manufacturing process clearly on display to the potential purchaser and as noted above, some of the operators offer workshops. In such cases, a town centre location may not be the most appropriate location in terms of premises where the items can be made and sold at the same time. - 6.3 It is also the case here that the character of the site is made from the unique nature of the occupants and their activities and the fact the purchaser can meet the person who made their item and see it, or something similar being made. This is quite a different experience from high street retail. There is also an additional quality of this character from similar operators being grouped together. It is also notable that the individual units are very modest in area - the pods being 2.7m by 4.1m and the summer house 4m by 4m and the existing buildings no greater than 67 sq m and where each of the buildings is internally arranged to accommodate two or three different occupants. These floor areas are significantly less than the 100 sq m which constitutes a usual neighbourhood shop or where a Retail Impact Assessment would be required (over 500 sq m (measured externally) of floorspace). In this case, the buildings are all separate from each other and cumulatively, even with the proposed pods and summer house, would amount to 308 sq m of gross floorspace
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6.4 For these reasons it is considered that retailing out of an established settlement is acceptable in this case. It is appropriate to ensure that this does not become an out of town retail facility as has Tynwald Mills which started out as a woollen mill selling produce made on site, and conditions are recommended to require that the only items sold on the premises are those made on the site. The applicant's offer to have the Temporary PD Order suspended will assist in having events outwith the approved hours of operation and spreading the times for people to call throughout the week will help traffic management. At least some of the traffic issues related to the pop up events related to the fact that visiting artists who are not based here were offering items for sale, significantly increasing the amount of items for sale and thus the attractiveness of the site for customers. - 6.5 In terms of flooding, the proposed use will increase the amount of people on the site but will not increase the risk of flooding to other areas. When there is high levels of water passing through the site, it is unlikely that significant numbers of people will visit the site and the risk is that the ground will be wet underfoot rather than there being a risk to life, limb or property. There is nothing currently preventing the staff and artists being on site at any time nor is there anything preventing people coming to the site. It is not considered that this is a reason why the application should be refused. CONCLUSION
7.1 The development represents a unique form of promoting locally produced items and the benefits to the local economy together with the reuse of existing buildings of architectural and historical interest (the older buildings in the existing group) without any adverse environmental impact and these benefits are considered to outweigh the policy presumption against retail use in such areas. Given the nature of the proposed retail it is not considered that the same form of the sale of these goods could be as successfully achieved if offered individually from a town or village centre. The application is considered acceptable subject to conditions which restrict the hours of sales to 0900-1700hrs Monday to Saturday inclusive and which suspend the provisions of the TPDO in respect of fairs, fetes and other public events. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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.
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Decision Made : Permitted Committee Meeting Date: 26.04.2021
Signed : S CORLETT 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
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