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21/01025/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/01025/B Applicant : Tesco Stores Limited Proposal : Erection of extension to existing warehouse and remodelling of service yard and overflow car park (Alterations to PA 19/01130/B) Site Address : Tesco Store Lake Road Douglas Isle Of Man IM1 5AF
Planning Officer: Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 17.03.2022 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
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.
C 2. For the avoidance of doubt no approval is hereby given for the use of the new warehouse building hereby approved to be used for retail purposes, and shall only be used for storage purposes associated with the Tesco superstore.
Reason: The application has sought additional warehouse space and the application has been judged on this basis only.
C 3. Prior to the first use of the building hereby approved, details of cycle parking shall be provided to and approved in writing by the Department. The cycle parking shall be installed within 6 months of the cycle parking details being approved and retained as such thereafter.
Reason: To encourage sustainable transport in accordance with the active travel strategy.
C 4. The development hereby approved shall not be occupied or operated until the means of vehicular access and highway works have been constructed and carried out in full accordance with the approved plan drawing number P04 Rev #, and shall thereafter be retained for access purposes only.
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21/01025/B Page 2 of 7
Reason: In the interests of highway safety.
C 5. The visibility splays identified on drawing number SK02 Rev A shall be constructed in full accordance with the approved details and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level.
Reason: In the interests of highway safety.
This application has been recommended for approval for the following reason. Subject to suitably worded conditions relating to access layout and visibility splays, the need for details for cycle parking and that the extension can only be used as warehouse storage purposes and not as a retail space, the application is considered to comply with the relevant planning policies referenced in the report.
Plans/Drawings/Information;
The application relates to the following drawings and documents: Drawings and Details date received 31/08/2021: o Proposed Site Plan 6294/IOM P04 o Proposed Elevations 6294/IOM P05 o Proposed Elevations and floorplan 6294/OM P0 o P01_# Site Location Plan o P02_# Existing Site Plan o P03_# Existing Elevations o P04_# Proposed Site Plan o P05_# Proposed Warehouse Plan and Elevations o P06_# Proposed Elevations
Drawings and Details date stamped and received 10/10/2021: o Transport Statement
Drawings and Details date received 20/10/2021: o Flood Risk Assessment and Drainage Strategy Report
Drawings and Details date received 22/12/2021: o Flood Risk Assessment and Drainage Strategy Report o Drawing Number SK02 Rev A
Drawings and Details date received 09/02/2022: o Drawing number JCKT/1 Rev 0 o Letter from the agent dated 03rd February 2022.
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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 DOI Flood Risk Management __
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21/01025/B Page 3 of 7
Officer’s Report
1.0 THE APPLICATION SITE
1.1 The application site is the Tesco supermarket store, Douglas. The store is situated alongside Lake Road and adjacent the River Douglas. The application relates to the eastern part of the store within the rear delivery yard area.
1.2 The site has recently been approved under 19/01130/B for the erection of an extension to the existing warehouse and remodelling of the rear service yard and overflow car park which resulted in the loss of several car parking spaces. The application was approved subject to a number of conditions one ensuring no retail use of the extension, another seeking cycle parking and one requiring the altered access being finished in a bound and stable material.
1.3 A subsequent minor change application was submitted and approved under 21/00164/MCH for modifications to the warehouse extension which reduced its footprint by chamfering one of the buildings corners to facilitate better manoeuvring in the yard.
2.0 THE PROPOSAL 2.1 The current application now seeks approval for another number of alterations to the original 19/01130/B and 21/00164/MCH approvals.
2.2 The proposal now includes an alternative realignment of the yard wall to improve vehicle tracking within the site, changes to the external elevations based on accurate survey information (previously best guessed from photos) and an increase in height of the proposed extension by 500mm to result in a 3.7m eaves and 4.7m central ridge. The proposal also includes the creation of a single staff gate alongside the vehicle access to the yard.
3.0 PLANNING HISTORY 3.1 The site has an extensive planning history, although the two applications most relevant are those referred to in 1.2 and 1.3 above; 19/01130/B for the erection of extension to existing warehouse and remodelling of service yard and overflow car park, and 21/00164/MCH involving alterations to the service yard and overflow carpark. The former 2019 application was subject to the following conditions:
"C1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C2. Prior to the use of the proposed development the altered access shall be surfaced in bound and stable material across its entire width for a distance of at least 5.0m back from the highway boundary. Reason: to avoid loose material being deposited on the highway.
C3. Prior to the use of the proposed development the developer shall include details of proposals for cycle parking. The cycle parking shall be provided prior to occupation of the proposed development. Reason: to encourage sustainable transport in accordance with the active travel strategy.
C4. For the avoidance of doubt no approval is hereby given for the use of the new warehouse building hereby approved to be used for retail purposes and may only be used for storage purposes associated with the Tesco superstore. Reason: The application has sought additional warehouse space and the application has been judged on this basis only."
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3.2 Manx Utilities provided comments on the 2019 application which were summarised in the officer's report for 19/01130/B. These stating that MU were confident the applicant has understood the risk of flooding to the site. Especially from the existing culvert than runs under the car park. The comments made reference to the finished floor level of the main Tesco building, the car park and the Douglas tidal levels and that the proposed extension was unlikely to alter fluvial flood flow pathways. The development type was also classed as being less vulnerable and the development does was not considered to be inappropriate.
4.0 PLANNING POLICY 4.1 The Tesco store and its curtilage (including the car parking and yard) are zoned as Mixed Use - 8a Riverside Gateway. The site is not within a Conservation. The site is recognised as being at a high river and tidal flood risk. 4.2 The IOM Strategic Plan contains a number of policies considered relevant to the assessment of the application; o Strategic Policy 1 - development should be located to make best use of previously developed land, redundant and underused buildings, utilising existing infrastructure and taking into account landscaping and amenity standards; o Strategic Policy 2 - focus new development in existing settlements unless complies with GP3; o Strategic Policy 5 - development should be well designed to make positive contribution to the environment; o Strategic Policy 6 - major employment generated development should be on allocated land located in existing centres; o Strategic Policy 7: Land designated for industrial, office or retail should be protected for such uses, except where incompatible with adjoining uses; o Strategic Policy 9: new retail and office development must be on land designated for such use and in town/village centres with exception to neighbourhood shops and those instances referenced in Business Policy 5. o Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel; o Spatial Policy 1: Douglas will remain the main employment area; o Spatial Policy 5: New development will be in defined settlements only or in the countryside only in accordance with General Policy 3; o General Policy 2 - detailed 'development control' considerations; o Environment Policies 10 and 11 - flood risk; o Business Policy 1 - encourages growth of opportunities; o Business Policy 9: support for retail at appropriate scale and major retail development proposals will require to be supported by a Retail Impact Assessment o Business Policy 10: Retail only in established town and village centres, with exception of neighbourhood shops or in line with Business Policy 5. o Community Policy 7 - designed to prevent criminal and antisocial behaviour; o Community Policies 10 and 11 - implement best practice so as to reduce outbreak and spread of fire; o Transport Policy 1- best located close to existing transport links; o Transport Policy 2 - make provision for bus, pedestrian and cycle routes, including linking into existing systems; o Transport Policy 4 - safe and appropriate provision for journeys; o Transport Policy 6 - needs of pedestrians; o Transport Policy 7 - parking standards; o Infrastructure Policy 5 - methods for water conservation; o Energy Policy 5 - energy impact assessment;
4.4 In terms of area plan policy the Area Plan for the East 2020 (TAPE) contains the following paragraphs and policies for area 8(a):
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21/01025/B Page 5 of 7
4.5 Mixed Use Area 8 - Riverside Gateway "This area, adjacent to the town centre, presents an opportunity to accommodate changing and evolving leisure time pursuits. The continuation of existing uses would be supported in the short to medium term, with potential comprehensive development in the longer term for bulky retail, leisure activities, residential purposes and office uses where specified."
4.6 "Mixed Use Proposal 8a: There will be continued support for existing uses in the short-medium term. Consideration will be given to the comprehensive re-development of the area for leisure, retail warehouse (bulky goods), and residential uses. In respect of the area between Lake Road and the River Douglas (Site DM002g) a design scheme may include office development so long as it forms an integral part of a comprehensive scheme for the entire site which is properly master-planned. Proposals would be subject to a flood risk assessment and mitigation and a highway impact assessment which may require alternative access to the area including a bridge over the River Glass. Comparison goods retailing will not generally be supported."
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Douglas Borough Council - in support (18/10/2021).
5.2 Department of Infrastructure Highway Services - requested additional information for visibility splays, and surface water/run off details to prevent water accessing public road (10/09/2021), following the receipt of additional information DOI highlighted that this information still failed to contain visibility splays for the amended exit (22/10/2021). Additional details were later submitted and updated comments were received confirming they do not oppose subject to conditions ensuring the layout accords with the submitted drawings, visibility splays being provided and retained thereafter and provision of cycle parking. These comments can be summarised as follows: o access and egress arrangements to the service yard and car park for servicing the additional storage space are highway acceptable. o The closing off of the existing vehicle access to serve only as an emergency pedestrian route is acceptable. o The radii now proposed are suitable for large vehicle movements o The modified access would have adequate exit visibility splays for the location, flows and speeds passing the site. o The visibility envelop should not exceed 1.05m in height. The visibility splays should be retained for the lifetime of the development. o The alterations to the public road would require a separate permission under a s109(A) Highway Agreement, including a Stage 1/2 Road Safety Audit and/or potential need for highway licences. o Nine standard car parking spaces would be removed to facilitate a larger storage area and a gated delivery entrance / exit. o There would be 19 car parking spaces remaining with the north western car park and 345 spaces overall. o Parking for the on-line delivery service vehicle would be retained. o The proposed remaining car parking amount is considered adequate for the site given the observations made for PA19/01130/B at one space per 13.1sqm gfa. Whilst the site would be nearing full capacity for typical Saturday peak at 86% when drivers search times increase for available spaces, longer business hours, availability of a stock checking facility, more online shopping and home deliveries help to dampen parking demands. o Provision of extra stands and more practical arrangements for cyclists should be installed to meet Active Travel and climate change objectives as further mitigation for a reduction in parking spaces and to help travel mode choice.
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o Under current guidance nine long stay and 16 short stay spaces are needed based on a ratio of 1 pre 500sqm gfa long stay and 1 per 250sqm gfa short stay. The short stay should be installed near to the store entrance and convenient for use and access in the form of parking stands. Long stay should be provided for staff in a secure and enclosed storage area. All should be separate from the waste bin storage. o A programme to install up to 10% of available car parking spaces with electric vehicle charge points should be considered again for climate change reasons. o As drawn, the proposal does not raise significant road safety or network functionality issues. o There would be limited conflict with car park users from the revised servicing arrangements.
5.3 Department of Infrastructure Flood Risk Management - DEFER - information showing an assessment for displaced water is required (08/10/2021). Following the receipt and circulation of additional flood risk information from the applicant dated 22/12/2021 and 09/02/2022 DOI Flood Risk concluded on 17/03/2022 "that the footprint of the proposed structure causes no significant potential water displacement in a flood event."
5.4 No comments received from neighbouring properties.
6.0 ASSESSMENT 6.1 The current application follows from a previous approval in 2019 and a later 2020 minor change application for similar warehouse extension and access remodelling works. As neither of these previous approvals have been implemented it means that the current application must be considered a fresh and assessed against current policy. Since the original approvals there have been no policy changes which would result in any changes to the accepted principle of development and the physical works are considered to result in minor visual changes which on a whole would have no significant visual impacts nor harm the character of the area. The key changes since 2019 are the change in function from Manx Utilities to Department of Infrastructure Flood Risk Management team (DOI FRM) in relation to flooding and flood risk and those maps which designate this area as being at high river and tidal flood risk.
6.2 Flood risk is not a new issue at this site and is covered in the 2019 application however it is vital as part of this new application that there are no new or increased impacts which could lead to an unacceptable impact. The original application submission failed to include any detailed flood risk information particularly in regard to the potential for displaced water at the site. Following the receipt of further information DOI FRM confirmed that the footprint of the proposed structure causes no significant potential water displacement in the event of a flood, and in this respect minded of the unobjectionable comments received from DOI FRM the proposal is considered to be acceptable.
7.0 CONCLUSION 7.1 It is judged that the proposal would not be so far removed from previous 2019 and 2020 applications at the site, and that the proposal would continue to comply with the relevant planning policies listed in 4.0 of this report. In order to remain cohesive with those previous approvals and minded of the comments received from DOI Highway Services suitably worded conditions will be added to ensure the access layout and visibility splays are carried out in accordance with the submitted drawings, that details for cycle parking are provided and that the extension only be used as warehouse storage purposes and not as a retail space.
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;
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(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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 18.03.2022
Determining officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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