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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00032/B Applicant : J R Riley Limited Proposal : Additional use of site for sale of food (30sq.m), sale of outdoor activity and country clothing (75sq.m) and sale of conservatory furniture (50sq.m) Site Address : Rileys Garden Centre Ballapaddag Cooil Road Douglas Isle Of Man IM4 2AF
Head of Development Management: Mr S Butler Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Refused Date of Recommendation: 08.03.2021 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The sale of clothing and food as proposed in this application is a use in type and scale which could reasonably be carried out in the town centre. Having this type of retail use in an out of town location is contrary to the land use zoning (Area Plan for the East Employment Proposal 1) and Business Policies 5 and 10 and Strategic Policy 9 (Strategic Plan) and is considered detrimental to the viability and vitality of Douglas Town centre. __
Interested Person Status - Additional Persons
It is recommended that Douglas BC be afforded Interested Person Status as they have made comment on this application and are a neighbouring Local Authority. __
Officer’s Report
THIS APPLICATION IS BROUGHT BEFORE PLANNING COMMITTEE FOR DETERMINATION AT THE REQUEST OF THE PRINCIPLE PLANNER.
PREAMBLE Planning Committee considered four separate planning applications for the sale of additional items at this site in 2020. One was approved and three were refused. The three refusals are the subject of a current appeal which is being held in abeyance pending the outcome of this application. The current combined application seeks a reduced range of goods and, if
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approved, the applicant have stated they would withdraw the appeals. It should be noted that as this is now a combined application, it can only be approved or refused - it cannot be approved in part.
1.0 SITE 1.1 The site is the curtilage of Riley's Garden Centre at Eden Park located on the south western side of Cooil Road. The site is adjacent to the Robinson's fruit and vegetable packing and packaging plant and opposite the main Isle of Man Business Park.
1.2 The site is used for the retailing of a range of products including clothing, bicycles, garden machinery, a café and food products.
2.0 THE PROPOSAL 2.1 Approval for the sale of additional food items to include crisps, biscuits, snacks, chocolate, soft drinks, spreads, and cereals, within an area for all food sales including items already approved of up to 30sq.m. Approval for sale of outdoor activity and country clothing to include coats and waterproofs, activity trousers and shorts, walking shoes/boots and ancillary items such as hats, scarves and gloves up to 75 sq.m. Approval for the sale of conservatory furniture up to an area of 50 sq.m
2.2 The application cover letter acknowledges that the proposal conflicts with the Development Plan policies in the Strategic Plan and the Area Plan for the East. However, it notes that: Riley's Garden Centre has a lawful use component for retail and café permitted well before either policy document came into force and has evolved to become a leisure destination as have many sites in the UK.
2.3 The additional items now being sought have been reduced from the previous applications. In relation to food they state, "The area proposed for food items is in essence the area that is already in use for food. It is a very small area and very much an ancillary use. The additional range of food goods is now very much aligned to what is already permitted, and fits in to the 'lunchtime' and 'gift' type offer that is already permitted. It is also arguable that most chocolate would already be permitted under sweets".
2.4 In relation to clothing they state, "The only additional items now requested are outdoor activity and country clothing wear. This is proposed to cover coats and waterproofs, waterproof and activity trousers and shorts, walking shoes and boots and ancillary items such as hats, scarves and gloves but for the avoidance of doubt no general fashion clothing or footwear (either indoor or outdoor). The total sales space for these items is proposed to be limited to 75 sq.m. The area proposed for clothing items is substantially smaller than the area applied for in the 2020 refusal for clothing items and now excludes all general fashion clothing/footwear. It is limited to outdoor wear associated with walking and countryside activities. This aligns closely to the outdoor leisure market theme of the centre as a whole".
2.5 In relation to furniture they state, "The only additional furniture items now requested are conservatory furniture with a total sales space for this item limited to 50 sq.m. No other home interior good ranges are now sought. The above is a substantially reduced area and goods range request from the items covered in the 2020 refusals and will for the most part be bulky goods items".
2.6 They argue that: o The scale and context is wholly different to that considered in 2020 o The additional goods are complimentary to the existing garden centre, shop and café use o The additional food items are ancillary goods o The areas involved have been reduced
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o The bulky goods exception for Business Policy 5 applies to conservatory furniture but not clothing/food but that the main purpose of that policy is to prevent detraction from the viability and vitality of town centres and what is proposed is so closely aligned to existing core use that there would be no material effect due to limited range and restricted area.
3.0 PLANNING HISTORY AND BACKGROUND 3.1 The planning history for the wider site is substantive. Much of it is concerned with the erection of extensions to the property and works ancillary to the main building. The following represents a summation of the planning and enforcement history for the garden centre.
3.2 Planning approval was first granted as an approval in principle under 01/02360/A, for creation of storage, retail and repair centre for farm and garden machinery and equipment". This application was approved subject to a number of conditions one being:-
"This approval relates of the principle of the use of the site and the erection of buildings thereon for the purposes of the sale, repair and demonstration of garden and/or agricultural equipment and machinery and the sale of plants and seeds. No general retailing is hereby approved nor the sale of other items not associated with the above."
3.3 In 2003, 03/00344/B followed on from the 2001 approval and sought and received approval for "Erection of garden and machinery centre to include retail area, offices, restaurant, ancillary services and parking".
3.4 The application was considered by Planning Committee who expressed some concerns over the range of goods to be sold from the site which were not associated with garden machinery or equipment. Following this a list of items was subsequently put forward by the applicant's agent. Following negotiation the approved list was submitted by Mr M F Riley on 22 July 2003. This list was agreed by the Planning Committee and attached to the approval and is cross- referenced in condition 3 of the approval 03/00344/B.
3.5 Following on from this there have been a number applications relating to design (04/0266), drainage and access arrangements, (04/02547), extension. In 2012, there was an application for an extension to provide a storage facility, garden machine workshop and weather protection to an existing canopied display area (12/00243/B and 13/00201/B ) which were approved. This was then amended via 13/00201/B which was approved. Most recently, illuminated signage at the site was approved (14/00093/D).
3.6 Four concurrent planning applications were submitted for the use of the application site for various retailing purposes. The purpose of the applications is to allow additional items to be sold above that allowed in the original application and a Section 13 Agreement which was entered into as a result of enforcement action. The Section 13 Agreement was drawn up to regulate and clarify the sales items from the garden centre and to assist both the appellant and the Department in an appeal in respect of an enforcement notice. This agreement sets down a number of types of goods and products outside the conditions list on the following basis, subject to limitations and conditions; o those which would be appropriate at a garden centre, such as wildlife products; o those that have been sold for in excess of 10 years on a consistent year round basis, such as cards, picture frames and sweets; o those that have been sold for in excess of 10 years on a seasonal basis, such as Christmas decorations; and o those sold at such levels they are not considered to be expedient or at such a level to pursue enforcement action, such as ornaments, picnic ware and fireworks;
3.7 Planning Application 17/01319/B for Approval to use 125 square metres of garden centre for sale of home interior goods (retrospective) was refused on 10.09.2020 for the following reason, "The sale of home interior and related goods in an out of town location is contrary to
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the land use zoning in the Braddan Local Plan 1991, Business Policies 5&10 and Strategic Policy 9 of the Isle of Man Strategic Plan in relation to where retail uses such as this should be located, and is considered detrimental to the viability and vitality of Douglas Town centre as it could contribute to reduced footfall in the town centre".
3.8 17/01318/B for Approval to use 30 square metres of garden centre for sale of dairy products, health and wholefood, grocery and delicatessen products (retrospective) was refused on 10.09.2020 for the following reason, "The sale of packaged food and groceries in an out of town location is contrary to the land use zoning in the Braddan Local Plan 1991, Business Policies 5&10 and Strategic Policy 9 of the Isle of Man Strategic Plan in relation to where retail uses such as this should be located, and is considered detrimental to the viability and vitality of Douglas Town centre as it could contribute to reduced footfall in the town centre".
3.9 17/01317/B for Approval to use 125 square metres of garden centre for sale of Ladies, Mens and Childrens clothing (retrospective) was refused on 10.09.20 for the following reason, "The sale of clothing in an out of town location is contrary to the land use zoning in the Braddan Local Plan 1991, Business Policies 5&10 and Strategic Policy 9 of the Isle of Man Strategic Plan in relation to where retail uses such as this should be located, and is considered detrimental to the viability and vitality of Douglas Town centre as it could contribute to reduced footfall in the town centre".
3.10 Applications 17/001317/B, 17/001318/B and 17/001319/B are the subject of a current appeal which have been deferred pending the outcome of the current application.
3.11 17/01316 for Approval to use 80 square metres of garden centre for sale of bulky goods including electric bicycles and petrol utility vehicles (retrospective) was approved on 10.09.20 for the following reason, "This decision has been made for the following reasons(s) The variation of the permitted goods for sale in the garden centre would by reason of the scale, type of products and location within the store, not materially affect the viability of local retail stores nor the vitality of the Douglas Town Centre. As such the proposal accords with Strategic Policy 9 and Business Policy 5 of the Strategic Plan". It is subject to the conditions set out below.
This approval relates only to the additional sales consisting of and limited to electric bicycles and petrol utility vehicles (including quad bikes and small motorcycles) and any other goods which are ancillary and related to the main goods hereby permitted, (in addition to those listed in Condition 5). All of the above items can only be sold in conjunction with the occupation of the garden centre by a single retailer. Reason: In accordance with the terms of the application and to ensure that the retail aspect proposed remains secondary to the main garden centre use of the site and to retain control over the goods sold in order to minimise the impact of the development on the vitality of the town centre.
The retailing or display for sale of same and ancillary goods (referred to in condition 1) shall not be undertaken within the site over an area exceeding 80 square metres of floor space at any time. Reason: In accordance with the terms of the application and to ensure that the retail aspect proposed remains secondary to the main garden centre use of the site and to retain control over the goods sold in order to minimise the impact of the development on the vitality of the town centre.
If the retailing or display area is currently larger than as required by condition 2, it shall be reduced to that area within one month of the planning approval becoming valid. Reason: In accordance with the terms of the application and to ensure that the retail aspect proposed remains secondary to the main garden centre use of the site and to retain control over the goods sold in order to minimise the impact of the development on the vitality of the town centre.
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4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order) the premises shall only be used as a garden centre plus the purposes specified in the Conditions 1 and 5 and for no other purpose (including any other purpose in Class 1 on the Schedule to the Town and Country Planning (General Permitted Development) Order 2012 or any provision equivalent to that Class in any Statutory Instrument revoking and/or reenacting that Order). Reason: The original approval was for a garden centre this application seeks to increase the range of goods and only those goods specified are approved and other uses, either within the same Use Class, or permitted by the Town and Country Planning (GPD) Order 2012 (or any Order revoking and/or re-enacting that Order) may not acceptable to the Department in this location without further consideration.
4.0 PLANNING POLICY 4.1 The four previous applications were determined prior to the formal adoption of the Area Plan for the East. The policy commentary stated, "The site lies within an area designated on the Braddan Parish Plan of 1991 as Open Space / Agricultural use. The site, however, is within an area that has an established use as a garden centre. Given the substantial level of development which has taken place in recent times, it is considered reasonable to acknowledge that the application site's use goes beyond the current designation. The emerging Area Plan for the East is also relevant. The draft Area Plan for the East was published on 25.05.18 and, following examination, the inspector's report was published 25.11.19 and the plan is currently being taken through the formal stages leading to final consideration by Tynwald. Within the plan the site is designated as industrial use and within the new Douglas existing settlement boundary. This was not challenged through consultation or at the inquiry. This allocation is not considered to weigh in the application's favour".
4.2 The site is now covered by the Area Plan for the East (2020) which came into force on 01.12.20. The site is zoned within Employment Proposal 1, within the Douglas settlement boundary and outside the town centre boundary. Employment Proposal 1 states, "The development of existing industrial land, including the following sites, will be supported for the following uses only: manufacturing; warehousing and distribution; office accommodation (subject to compliance with Strategic Plan Business Policy 7); or retail outlets (subject to compliance with Strategic Plan Business Policy 5)".
4.3 The following policies of the Isle of Man Strategic Plan are considered to be material relevance given the land use zoning and the proposal.
4.3.1 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.
4.3.2 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;
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(b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement
4.3.3 Spatial Policy 5: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.
4.3.4 Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.
4.3.5 Business Policy 5: On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either: (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area.
4.3.6 Paragraph 9.2.5 of the Strategic Plan is also particularly relevant to this assessment: "There has been pressure on Government to permit retailing within industrial areas, particularly those on the outskirts of Douglas. Following the development of the large-span "do it yourself" retail facility by B & Q in the Spring valley industrial estate in the mid-1980s, Tynwald took an immediate stance against out of town retailing by a resolution in 1987 which stated that "Positive steps should now be taken to revitalise existing town and village centres for the benefit of the whole community...and no further major out of town retailing developments should be permitted". The Braddan Local Plan adopted by Tynwald in 1991 reiterated this policy, and successive local and Area Plans have been formulated to concentrate retailing on existing centres in defined settlements."
4.3.7 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.
4.3.8 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.
4.3.9 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
5.0 REPRESENTATIONS 5.1 Braddan Commissioners have no objection to the application (19.02.21).
5.2 Douglas Borough Council (neighbouring LA) objected (16.02.21), making the following points
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5.3 DOI (Highways) comment on 16.02.21 that they do not oppose - After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking.
6.0 ASSESSMENT 6.1 The previous applications were considered at a time when the land was not zoned for development and so regard was had to policies that allowed for exceptions to that and consideration was given to the existing authorised use and wider context. The adoption of the Area Plan for the East simplifies this situation, as the site is clearly zoned for development with a clear stance on what type of development that should be.
6.2 The proposal relates to the use of an existing building and given the existing use (garden centre) and the proposed use (additional retail sales) it is not considered that there are any wider environmental or amenity considerations (other than noting that out-of-town locations may be more likely to be visited by car and so contribute to emissions/climate change concerns). The key question is therefore whether or not the proposal complies with Business Policy 5 and, if it does not, whether there are other material considerations which would justify an approval.
6.3 The key considerations in the assessment of this application are therefore: o The principle of the retail use in question being operated from this site; o The impact on Douglas Town Centre; and o The parking and highways impact.
6.4 The principle of the use 6.4.1 Business Policy 5 sets out two exceptions for retailing outside town centres - that it cannot be sold from a town centre due to size/nature or that it could not be reasonably severed from the overall business. In either case it must also be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area.
6.4.2 Food and clothing items can clearly be sold from town centres and as the items are not manufactured on the site it is not considered that they could not be severed from the other business. The applicant has accepted in their statement that the proposal does not comply in this regard. In relation to "Conservatory Furniture" it is noted that there are examples of large bulky furniture being sold outside of the main retail cores on the Island. If this could be limited to such items it may be that this element of the proposal could comply with Business Policy 5.
6.4.3 The second part of the policy requires it to be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area. With the exception of furniture, the sale of these goods is something which is prevalent in Douglas Town centre around the main Strand Street shopping area especially and which contributes to the overall vibrancy of the town centre as discussed later in this report.
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6.4.4 As noted previously in this report, there is a wider Government desire to restrict the level of out-of-town retail development in general, and this is backed up by the Business and Strategic policies outlined above.
6.5 Impact on Town Centres 6.5.1 The sale of food items from existing outlets in Douglas town centre and along existing shopping streets contributes to its footfall and has a knock-on benefit to other town centre uses such as other retail outlets and café's. Whilst there may be an argument for small food shops within industrial/employment sites to serve those working in the area (and there are examples of food trailers being approved for this) no evidence has been provided to demonstrate that this is the target market, and indeed the nature of the products sold suggest that this is not the case. It is considered therefore that this element of the retail use in question is unacceptable in terms of its impact or potential impact on the town centre of Douglas.
6.5.2 The Strand Street area of Douglas features the bulk of clothing outlets in Douglas and is the primary clothes retail area on the Island. The sale of clothing from the Strand Street area contributes to its footfall and has a knock-on benefit to other town centre uses such as other retail outlets and café's. The sale of clothing from the site, where it could otherwise be sold from the town centre, is likely to contribute to a reduced footfall in the town centre and therefore to a reduction in the vitality and viability of the town centre. It is considered therefore that this element of the retail use in question is unacceptable in terms of its impact or potential impact on the town centre of Douglas.
6.5.3 Whilst it is noted that there are several homeware shops within the town centre, the sale of furniture can, in-principle, be acceptable outside of town centres if the range of goods to be sold can be suitably controlled by condition.
6.6 Parking and Highways 6.6.1 As there is no increase in floor space proposed, and the general garden centre use may be classed as retail, it is considered that there is no specific intensification of the use resulting from the sale of the items outlined in the proposal description. Therefore, the impact on parking demand on the site, and on highway safety and access onto the main Cooil Road, is unlikely to be significantly altered with or without the use being undertaken. It is noted that there are no objections from DOI Highways. The proposal is therefore considered acceptable from a parking and highway safety perspective.
7.0 CONCLUSION 7.1 In summary, the sale of clothing and food as proposed in this application is a use in type and scale which could reasonably be carried out in the town centre. Having this type of retail use in an out of town location is contrary to the land use zoning (Area Plan for the East Employment Proposal 1) and Business Policies 5 and 10 and Strategic Policy 9 (Strategic Plan) and is considered detrimental to the viability and vitality of Douglas Town centre.
7.2 In the event that the Committee are minded to overturn the application and grant approval, potential conditions are appended to this report.
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;
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(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
APPENDIX - Potential Conditions in the event of Committee Overturn
All of the above items can only be sold in conjunction with the occupation of the garden centre by a single retailer.
Reason: In accordance with the terms of the application and to ensure that the retail aspect proposed remains secondary to the main garden centre use of the site and to retain control over the goods sold in order to minimise the impact of the development on the vitality of the town centre.
Reason: In accordance with the terms of the application and to ensure that the retail aspect proposed remains secondary to the main garden centre use of the site and to retain control over the goods sold in order to minimise the impact of the development on the vitality of the town centre.
Reason: In accordance with the terms of the application and to ensure that the retail aspect proposed remains secondary to the main garden centre use of the site and to retain control over the goods sold in order to minimise the impact of the development on the vitality of the town centre.
Reason: The original approval was for a garden centre this application seeks to increase the range of goods and only those goods specified are approved and other uses, either within the same Use Class, or permitted by the Town and Country Planning (Changes of Use) (No 2)
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Order 2019 (or any Order revoking and/or re-enacting that Order) may not acceptable to the Department in this location without further consideration.
Reason: For the avoidance of doubt and in the interests of clarity in relation to the previous and current applications and the content of the S13 Legal Agreement dated 21st November 2017. In order to comply with Business Policies 5 and 10 and Strategic Policy 9 and the land use zoning of the Area Plan for the East 2020.
THE FIRST SCHEDULE
THE SECOND SCHEDULE
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4) Winter motorcare products, Fire Companion Sets, Picnic ware and Fireworks limited to 10 [ten] sq m in total 5) bulky goods including electric bicycles and petrol utility vehicles limited to 80 [eighty] sq m in total
THE THIRD SCHEDULE (Non-exhaustive list of goods and products not to be sold)
Reason: For the avoidance of doubt and in the interests of clarity in relation to the previous and current applications and the content of the S13 Legal Agreement dated 21st November 2017. In order to comply with Business Policies 5 and 10 and Strategic Policy 9 and the land use zoning of the Area Plan for East (2020). __
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.
Decision Made : Refused Committee Meeting Date: 15.03.2021
Signed : S BUTLER
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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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