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The application site forms a previously approved development of industrial buildings at Phase 5 of the Industrial units adjacent to Manx Telecom Engineering Depot & Ballacottier School, Isle of Man Business Park, Cooil Road, Braddan.
The site is within an area identified in Planning Circular 6/91, the Braddan Plan, as Business Park with a mix of uses including industrial development and residential.
Planning permission was granted in December 2005 (PA 05/1686 refers) for Residential development comprising 41 dwellings and Commercial development comprising 2 Office Buildings and 7 Light Industrial/Storage and Distribution Units, assoc roads, sewers and public open space.
The Department of Transport advises that the parking provision on site is inadequate to accommodate customers visiting the units.
Braddan Commissioners recommend that the application be approved and the Chief Fire Officer requests consultation.
The application proposes alterations to two of the approved units to create carpet/flooring warehouse in Units 1 & 2. 7No. dedicated car parking spaces would be available.
The applicant has submitted a supporting statement in connection with the application, in which it is stated that the proposed occupier currently operates a showroom/shop within Douglas and also has a separate warehouse which is used for storage and distribution, although customers also visited the building for sales purposes. It is proposed that the units the subject of this application would replace the current warehouse, with sales possibly occurring from time to time. It is stated that the sales aspect would remain strictly ancillary to the storage and distribution use.
In considering an application to change the use of the approved industrial building, consideration must be given to the impact of the use on the surrounding area, whether a precedent would be set by the use of the building in this way and if the use is acceptable, whether a suitable condition may be drafted to control the level of sales if any which would be permitted.
The application site is located in an area of mixed development, containing residential and light industrial units. The application proposes the change of use of two of these units to create a carpet/flooring warehouse as opposed to strictly storage and distribution. The use as a carpet/flooring warehouse would not, in itself impact adversely on the surrounding area, or interfere with the use of other buildings within this small development for light industrial uses. However, it is considered that the occasional retail sales indicated by the applicant would have a detrimental effect on the use of the area in terms of parking demand and provision. Seven car parking spaces are indicated as being available to the units; however, these would also be occupied by staff. The 'occasional' sales would be difficult to quantify or control by condition, and therefore additional demand for parking may occur, which may in all likelihood impact on the adjacent occupiers of the building.
If approval were to be granted for the use of this building with ancillary retail sales, it is considered that a precedent would be set within this development that would result in further applications for changes of use to include retail sales being difficult to resist. The application site is located in a new development of 7 units described as 'Light Industrial/Storage Units' in PA 05/01686. Recent application submitted by the applicant indicate that there is significant demand for industrial units in the east of the Island and it is considered pertinent to have regard to PA 06/00558, which is currently being considered by the Department.
Planning Application 06/00558/B seeks approval for the erection of four buildings containing twenty industrial starter units on land adjacent to the Energy from Waste Plant in the Richmond Hill area of Braddan. The units proposed by this planning application are very similar, if not identical, to the units found within the Business Park. It is considered the applicant's supporting statement, submitted in association with this planning application, has some relevance in terms of the assessment of this planning application.
Paragraph 3 of the supporting statement that was submitted as part of the planning application states:
'The proposed development of part of the site with light industrial units is driven by the continued need for such facilities in the east of the Island and a lack of suitable land for the development of such. The development of the final sites within the Isle of Man Business Park which are suitable for starter units will be completed shortly, with potential customers having been placed on a waiting list due to demand. Other industrial sites at Spring Valley, Middle River and the White Hoe are either completed or close to completion. Officers of the Department of Trade and Industry have been consulted over this proposal and have confirmed that the need for such facilities in the east of the Island is not being satisfied'.
It is therefore submitted that whilst there would appear to be continuing demand for light industrial units, permission should not be granted for uses that would result in the loss of a light industrial unit and also introduce retail sales into areas nor specifically zoned for such uses.
With regard to the conditioning of the use, the applicant has been approached to discuss the restriction of the use by condition to storage and distribution only, with no retail sales from the unit; however, the applicant advised that the potential occupier wishes to be able to offer retail sales from the unit and would not accept such a condition. The test for applying conditions requires that, inter alia, conditions must be precise and enforceable. In this instance, it is considered that it would be difficult to frame a condition that related to the level of sales that would be permitted from the units to an ancillary level so that such a condition was precise and enforceable.
With regard to parking on the site, whilst it is acknowledged that given the nature of the proposed use, potential purchasers who visit the site are unlikely to take the goods with them, such activity nonetheless can be carried out on any high street and indeed the applicant submits is carried out at the potential occupiers Douglas store. Potential purchasers would therefore make a specific journey to the site, most likely in a private vehicle, as opposed to on foot or public transport. As such, the application falls to be determined as a retail unit in terms of parking demand.
PARTY STATUS Braddan Commissioners and the Department of Transport Highways Division as statutory consultants should be afforded party status.
Recommended Decision: Refused
Date of Recommendation: 06.07.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The introduction of retail use would:
Decision Made : ... Committee Meeting Date : ...
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