66451

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                                      21/01446/C                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 21/01446/C Applicant : Mr Kulwarn Dhadwal Proposal : Change of use to allow the sale of motor vehicles. Site Address : Unit 2 Kirby Farm Industrial Estate Vicarage Road Douglas Isle Of Man IM4 4LA

Principal Planner: Mr Chris Balmer Photo Taken : Site Visit :

Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 24.12.2021 __

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. Prior to the operation of the care sales business hereby approved the nine parking spaces as shown on the "Proposed Site Plan" shall be fully set out and retained as such thereafter.

Reason: To ensure adequate parking is provided within the site.

This application has been recommended for approval for the following reason. As it has been demonstrated, there are many examples of car sales garages located in industrial areas and as such it is considered that what is proposed, whilst not in full accordance with the Development Plan, would not impact on the wider character and appearance of the area, nor would it conflict with adjacent uses or not detract from the vitality and viability of the appropriate town centre shopping area.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 29.11.2021.

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Interested Person Status - Additional Persons

None __

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE BECAUSE THE PROPOSED USE IS CONTRARY TO THE LAND USE ZONING FOR THE SITE.

1.0 THE APPLICATION SITE 1.1 The site is Unit 2 within Kirby Farm Industrial Estate which lies to the north west of the Saddle/Vicarage Road roundabout and to the south west of Kirk Braddan car park and the open land to the west which accommodates a settlement site of archaeological interest. An overgrown road runs between the church grounds and the estate and onward to the agricultural fields.

1.2 The estate is made up of a group of agricultural buildings which lie closest to Vicarage Road with new industrial units which are further into the site with a separate internal access. The units are all similar in appearance, with a variety of sizes with parking spaces in and around them. The units are used for a range of activities - car repair, storage, light industry and planning approval has been granted for use of one of the units as a gym (PA 12/00964/C). The newest units in the south western corner of the site were approved under PA 10/01336/B and more recently approval for a industrial building to the northeast corner of the site (16/00139/B).

1.3 The estate began life as a farm with some of the agricultural units being approved for conversion to industrial under 06/01170/C and five further units (10-14) being approved under PA 08/02311/B. The units are generally screened from public view by existing trees and the topography of the site.

2.0 THE PROPOSAL 2.1 The application seeks planning approval for change of use to allow the sale of motor vehicles. No physical alterations are proposed and the existing small admin office toilet and kitchen/waiting room shall remain as they are. There would be two staff (including the applicant) and the garage shall be open Monday to Friday between 0900hrs and 1730hrs, Saturday 0900hrs and 1600hrs and Sundays/bank holiday by appointment only. The closing time on occasion may be slightly longer if the sales person is in the middle of negotiations with a customer.

2.2 The Town and Country Planning (Use Classes) Order (2019) indicates that the sale, display or washing of motor vehicles is not included within any specific use class, in other words it is Sui Generis. 3.0 PLANNING HISTORY 3.1 There are no planning applications associated with this site which are considered relevant in the determination of this application.

4.0 PLANNING POLICY 4.1 The site is within an area designated as 'Industrial Use' under the Area Plan for the East 2020. The site is not within a Conservation Area.

4.2 Business Policy 5 states: "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

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(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 It is worth noting that other car retail garages on the Island are situated within areas designated for "industrial" and a number can be found at Cooil Road, Balthane, Snugbrough etc. Most industrial estates throughout the Island accommodate such car sales garages.

5.0 REPRESENTATIONS 5.1 Highway Services comment (13.12.2021); "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking subject to acceptance on policy grounds. The Applicant is advised to consider cycle parking and electric vehicle charging points for sustainability reasons on landlord's agreement"

5.2 Braddan Commissioners do not object (06.12.2021).

6.0 ASSESSMENT 6.1 Whilst the site is not designated for car sale, the proposed use does not fit into an established Use Class and indeed the existing and approved car sales on the Island are found in a variety of areas including industrial.

6.2 The Strategic Plan indicates that retail development within industrial sites/out of town can only be acceptable when the goods being sold are bulky. It is accepted car sales would fit with this definition and therefore the development would comply with Business Policy 5.

6.3 In terms of parking there would be nine space set out (current they are not) plus the space within the industrial building itself which measure a total of 512sqm in floor area (including toilets/office etc). For a light industrial use the building would require 17 spaces and general industry require 10 spaces. There is no parking standard for car sales within the IOM Strategic Plan. However, nine external spaces as well as the parking available within the garage would likely be sufficient for the development. Highway Service have considered the application and have raise no objection.

7.0 CONCLUSION 7.1 As it has been demonstrated, there are many examples of car sales garages located in industrial areas and as such it is considered that what is proposed, whilst not in full accordance with the Development Plan, would not impact on the wider character and appearance of the area, nor would it conflict with adjacent uses or not detract from the vitality and viability of the appropriate town centre shopping area. It is recommended that the planning application be approved.

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; (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

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(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. __

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 : ...Permitted... Committee Meeting Date:...04.01.2022

Signed :...S BUTLER... 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.