**Document:** Officer Report
**Application:** 16/01079/B — Erection of temporary car showroom.
**Decision:** Permitted
**Decision Date:** 2016-11-15
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/20684-braddan-garage-showroom-workshop-premises-temporary-car/documents/1005968

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# Officer Report

**Application No.:** 16/01079/B
**Applicant:** Eurocars Ltd
**Proposal:** Erection of temporary car showroom.
**Site Address:** Garage Showroom Workshop & Premises Peel Road Douglas Isle Of Man IM1 5ED Case Officer : Mr Edmond Riley
**Photo Taken:** 11.10.2016
**Site Visit:** 11.10.2016
**Expected Decision Level:** Planning Committee

## Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE OWING TO THE SCALE AND NATURE OF THE PROPOSAL.

1.0 THE APPLICATION SITE - 1.1 The application site is an almost rectangular parcel of land, situated to the west of Peel Road in Douglas, within which are a pair of car showrooms and a pair of workshop buildings, along with the parking associated with all the above. Much of the car parking is given over to vehicles displayed for sale, with a small area set aside for visitor parking. All the buildings are in active use. - 1.2 Three mature trees sit on the site, adjacent to the highway, and behind a stone wall that bounds the pavement. The land falls away surprisingly steeply behind the wall such that there is a height differential between the pavement and application site of roughly 1m. Two of the trees sit either side of the highway access, with the other situated in the far northeastern corner.

2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the erection of a temporary showroom along the highway side of the application site. This would measure roughly 300sqm (30m long by 10m wide) in footprint. The eaves are 4.0m above ground level and the ridgeline of the pitched roof 6.2m above ground level. - 2.2 The building would be constructed of a mixture of powder-coated panels and glazed panels, and is described as being similar in form / appearance to the TT hospitality suite located at Nobles Park. - 2.3 The agent to the application explains that his client is looking to trial some new vehicle brands on the Island before deciding which ones to proceed with in the longer term; the current display buildings are at capacity and the temporary building will provide a covered display area. In an email received 31st October 2016, the applicant advised that Eurocars had recently been publicly stated as having been purchased by Jacksons, the company intending to operate a large car retail facility on Cooil Road, and that the new marques are, in fact, forerunners to those that may eventually come to be sold on the Cooil Road site. The agent writes as follows:

"As back ground information to the current application, Jacksons have had to agree to many conditions including the specification of the new showrooms, the number of cars to be displayed, etc., to secure the commitment of the various car manufacturers. They have also ben under pressure from certain manufacturers to provide a presence on the Island before the new showrooms are open. The temporary building, which is the subject of the application, is the only

way this can be achieved, given the lack of any alternatives. The manufacturers are aware that temporary buildings are commonly used in similar circumstances, when showroom sites are redeveloped, to maintain sales. Refusal by Jacksons to provide this early presence wasn't really politically viable given the efforts they had made to attract the brands to the Island, and the risk of losing them at this late stage. The only date the temporary show room can be erected by the specialist company, is late this week. The next available slot is towards the end of Q1 2017. The manufacturers are also aware of this and therefore while Jacksons would like to wait until planning approval is clarified, they are not in a position to do so given the pressure from manufacturers.

"Unfortunately, the temporary building will be in place before the application is determined, which the applicant accepts is totally within his own control. The applicant understands that whilst he is able to erect a temporary building for a limited period of time without planning permission, he is concerned that the building being in place before his application is determined, may be viewed negatively. In mitigation, the applicant has asked us to advise that he risks upsetting manufacturers which would threaten their support for their investment in the Isle of Man if he was to wait until end Q1 2017 to open, which is not a viable choice. The applicant has had to commit to the November slot, to secure/maintain the car manufacturer's commitment to his development on Cooil Road as well as attract others.

"Coupled with the proposed temporary showroom, we are also aware Jacksons are investing in significant upgrade works to the Eurocars' showrooms and hopes to be able to generate even more business, employment and opportunities in the meantime. In fact, Jacksons have already advertised and taken on more staff to service the temporary showroom.

"The applicant hopes that the quality of the building, its temporary nature (controllably by condition) and the established use of the site, are all taken into consideration."

2.4 The building would be erected directly onto the hardstanding and so no earthworks or drainage connections are required; it is noted that the rainwater from the roof would equate to the same area of hardstanding that currently exists. - 2.5 The application explicitly states that a period of 18 months only is sought; the building would be removed within 4-5 days of that period expiring.

3.0 PLANNING HISTORY - 3.1 The existing buildings on the site have been the subject of applications for their construction and extension but none of these is considered specifically material to the assessment of this current application.

4.0 THE DEVELOPMENT PLAN - 4.1 The site lies within a much wider area zoned as Light Industrial on the Douglas Local Plan, although it has clearly not been in this particular use - and nor do all the uses nearby readily fall into this use - for some time. With that in mind, it is considered that it is most appropriate to assess the application against the criteria set out in General Policy 2:

"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

- (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
- (c) does not affect adversely the character of the surrounding landscape or townscape;

- (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
- (g) does not affect adversely the amenity of local residents or the character of the locality;

- (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
- (i) does not have an unacceptable effect on road safety or traffic flows on the local highways."

4.2 Although it is noted that Business Policies 9 and 10 generally presume against new retail development on land not zoned for it, to give too much weigh to these policies would - again - be to ignore the existing and long-term use of the site. It is also true that car sales are not especially well-suited to town centre sites such that their sale would likely fall within the definition of 'bulky goods' that are, in principle, acceptable to be retailed from outside of town centres.

5.0 REPRESENTATIONS - 5.1 Highway Services of the Department of Infrastructure commented as follows on 13th October 2016:

"The proposal is to use an area of hardstanding used to display vehicles for sale within a development where multiple car dealerships exist for a covered sales area for a period of 18months.

"The hardstanding is currently used to display vehicles for sale and not for customer car parking; there is no loss of customer car parking and any increase in vehicle generation will be accommodated within the existing site.

"Highway Services does not oppose this application."

5.2 The Arboricultural Officer within the Department enquires (on 30th September 2016) as to whether or not a condition could prevent there being a change to site levels or disturbance to the existing hardstanding. Other than this he has no concern with the proposal. - 5.3 Douglas Borough Council offered no objection to the application in comments dated 19th October 2016.

6.0 ASSESSMENT - 6.1 The character and appearance of the site, such as it can be seen from the highway, is one of car sales; the buildings are very much of their type without being especially attractive or interesting but, equally, clearly reflecting their use. - 6.2 The building proposed for the site is not altogether different from those already present and in this sense there is no particular concern in terms of the alteration to the character of the area. - 6.3 It is also noted, though, that the new building would sit near the road and would obscure that existing character to some degree, and by sitting forward of the otherwise fairly wellestablished building line along Peel Road could be said to represent overdevelopment in a manner that fails to respect the site and wider in area in which it sits. - 6.4 However, the existing stone wall and height change between the proposed building's floor level and the adjacent road level, in addition to the robust and handsome trees that provide not just some screening but also a positive draw on the eye, all come together to mean that the resulting visual impact will not be unacceptable. It is also to be remembered that the building is temporary: there might be more concern, or perhaps more attention might be given to softening its appearance were it to be permanent. Indeed, the use of such temporary buildings as permanent tends to have a deleterious effect on the character of an area they can become somewhat tired in appearance, which in a prominent position such as this is clearly to be avoided. Taking all these points into account, and giving fairly strong material weight to the temporary nature of the showroom, no objection is raised on visual impact grounds. - 6.5 The application proposes a car showroom. This particular retailing is considered acceptable in this location for the reasons outlined earlier in the report. No condition restricting its use to this

- form of retail is therefore considered necessary. (It is noted that no such condition was attached by the Committee to the approval notice relating to the multi-franchise car dealership - to be run by, as mentioned, the company that recently purchased the applicant's business - currently at the early stages of construction adjacent Cooil Road.)
- 6.6 The concern noted by the Arboricultural Officer is noted, but the application is clear that the building will be sited on the existing hardstanding such that there will be no impact on the existing root structure of the trees. A condition requiring the retention of all the trees on the site, and not just the two that have been identified on the submitted proposed site plan, would be appropriate, however.
- 6.7 The comments made by Highway Services reflect what is understood to be the reality of the parking situation, and accordingly no objection is raised on highway safety grounds.

7.0 RECOMMENDATION - 7.1 Subject to the aforementioned condition, and another requiring the removal of the building within 18 months, the application is recommended for approval.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

- o The applicant, or if there is one, the applicant's agent;
- o The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, which in this case includes Highways Services of the Department of Infrastructure, and
- o The local authority in whose district the land the subject of the application is situated.

- 8.2.1 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
- 8.2.2 In this instance, it is considered that the following persons do not have sufficient interest and therefore should not be awarded the status of an Interested Person:

- The Arboricultural Officer, who sits within the same Department as the Planning & Building Control Directorate. Recommendation Recommended Decision: Permitted Date of Recommendation: 31.10.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

- C 1. The car showroom hereby approved shall be removed from the site and the land returned to its previous appearance within 18 months of the date of this notice.

- Reason: The building has been sought for a temporary basis and has been assessed and approved as such; retaining the building for any longer than that would require fresh consideration by the Department.
- C 2. No trees on the site shall be removed without the prior written approval of the Department. Reason: In the interest of protecting the attractive site frontage.

The development hereby approved relates to Drawings 01 and 02, date-stamped as having been received 19th September 2016.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Permitted Committee Meeting Date: 14.11.2016

Signed : E RILEY 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.

### Planning Committee Decision 14.11.2016

Application No. : 16/01079/B Applicant : Eurocars Ltd Proposal : Erection of temporary car showroom. Site Address : Garage Showroom Workshop & Premises

Peel Road Douglas Isle Of Man IM1 5ED

### Presenting Officer : Mr Edmond Riley

### Addendum to the Officer’s Report

The Planning Committee noted that the building for which temporary approval was sought had already been erected on the site. They therefore suggested that the recommended Condition 1, suggested prior to the building's installation, be excised from the decision notice. It was agreed that this was reasonable.

### Reason for Refusal/Conditions of Approval Delete as appropriate

- C 1. The car showroom hereby approved shall be removed from the site and the land returned to its previous appearance within 18 months of the date of this notice.

Reason: The building has been sought for a temporary basis and has been assessed and approved as such; retaining the building for any longer than that would require fresh consideration by the Department.

- C 2. No trees on the site shall be removed without the prior written approval of the Department. Reason: In the interest of protecting the attractive site frontage.

The development hereby approved relates to Drawings 01 and 02, date-stamped as having been received 19th September 2016.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/20684-braddan-garage-showroom-workshop-premises-temporary-car/documents/1005968*
