**Document:** Officer Planning Report Recommendation
**Application:** 08/01624/R — Change of use of site for the sale and storage of vehicles
**Decision:** Permitted
**Decision Date:** 2008-10-27
**Parish:** Patrick
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/86082-patrick-old-brickworks-vehicle-sale-storage/documents/1236298

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# Officer Planning Report Recommendation

**Application No.:** 08/01624/R
**Applicant:** Bettridge Motors
**Proposal:** Change of use of site for the sale and storage of vehicles
**Site Address:** Land Adjacent To The Old Brickworks Mines Road Foxdale Isle Of Man ### Considerations Case Officer : Mr Steve Stanley
**Expected Decision Level:** Delegated Decision Senior DC Officer ### Written Representations Seacliffe Old Castletown Road Ballaveare Braddan Interest expressed Not zoned ### Consultations Consultee : Highways Division Notes : Consultee : Patrick Commissioners Notes: No Objections, but made below observations Consultee : Drainage Division Notes: No Objection, subject to below conditions

### Officer's Report

### The Site

The application site represents a parcel of land situated adjacent to the Old Brickworks, Mines Road, Foxdale. The site is situated on the corner of the A24 which runs through Foxdale Village. To the north of the site is Foxdale Primary School, the site is bounded to the east by a grassed bank with mature tree and shrub planting screening the view beyond. The land to the immediate west of the site is used for storage purposes.

### Planning Status

The application site is located within an area identified as being Industrial/Retail by the Foxdale Local Plan. Paragraph 4.6 of the Foxdale Local Plan makes specific reference to the site stating:

"The former brickworks site on the corner of the A24 opposite the school and Marguerite Place is being used for industrial purposes. This is a prime site in the heart of the village and presently much of it does little to contribute to the appearance or life of the village. It is suggested, therefore that in order to improve the prospects of both maximising the use of the site and improving its appearance that it may be appropriate to introduce flexibility into the permitted use of the site, perhaps re-zoning it to mixed use - light industrial, retail, small-scale commercial use."

Policy F/PRET/2 of the Foxdale Plan states:

"Areas which may be developed for shopping facilities include the former brickworks."

Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered relevant in the assessment and determination of this application:

**General Policy 2, which states:**

"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:

- (a) is in accordance with the design brief in the Area Plan where there is such a brief;

- (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (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; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."

**Business Policy 1, which states:**

"The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."

**Business Policy 10, which states:**

"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."

**Transport Policy 7, which states:**

The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.

23 October 2008

08/01624/R

## Planning History

The following previous planning applications are considered relevant in the assessment and determination of this application:

PA94/01253/A sought approval in principle for extension to the building to form a new industrial unit. This was approved.

PA97/00462/B sought approval to extend the existing industrial unit. This was approved. PA00/01478/A sought approval in principle for the erection of an industrial building. This was refused. PA08/00618/R sought approval for vehicle storage in yard of Brookfield House, Foxdale. This was refused and is the subject of an ongoing appeal.

### Representations

The Department of Transport Drainage Division does not object to this application subject to conditions relating to the discharge of surface water.

Patrick Parish Commissioners have indicated that they support this application stating that the proposed use would represent an improvement over the existing use of the site in terms of visual impact. They also state that the use of this site for the storage of vehicles is preferred over the use of another site in Foxdale (PA 08/00618/R refers).

The owner/occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan has commented on this application stating that the principle of this proposed use is not contrary to policy and the proposal may enhance the appearance of the surrounding area.

The Department of Transport Highways Division does not object to this application.

### The Proposal

This application seeks approval for the change of use of the site for the sale and storage of vehicles on land adjacent to the Old Brickworks. The application is retrospective and accordingly the operation of storing and selling vehicles from the site is taking place. Photographs taken by the Enforcement Officer show that the site accommodates a number of vehicles with manoeuvring spaces within the site.

### Assessment

The main issues to be considered in the assessment and determination of this application are the Local Plan policy contact and whether this application is in accordance with this, other relevant polices set out within the Isle of Man Strategic Plan 2007, specifically Business Policy 1 and 10 and General Policy. It also necessary to consider the highways impact of the use of the site as proposed.

In terms of the Foxdale Local Plan, the site is identified as being Industrial/Retail use. It is therefore judged that the principle of using the site for car sales is acceptable. The Local Plan goes on to set out that an alternative use of the site could be of benefit to the wider area. Patrick Parish Commissioners consider that the proposed use would bring about an improvement to the site appearance over the previous use.

Business Policy 1 sets out that the growth of employment opportunities will be encouraged provided that such development is in accordance with other policies within the Isle of Man Strategic Plan 2007.

Business Policy 10 sets out that retail development will only be permitted in designated areas within town and village centres. The site is designated as retail use and the Foxdale Plan advocates a use which would result in an improvement to the site and locality. It is therefore judged that the proposed use is in accordance with Business Policy 10.

In terms of visual impact, the site is well screened to the east and as such views of the site are gained mainly from the north when travelling along the A24. It is judged that the use of the site for storing and selling vehicles would not adversely affect the surrounding area, particularly given the visual impact which resulted from its previous use. It is judged that the use of the site would not adversely affect the amenity of surrounding residents and subject to conditions the application is in accordance with General Policy 2.

The Department of Transport Highways Division does not object to the proposed use of the site however in discussions with Mr Almond, Network Traffic \& Transportation Manager at the Department of Transport Highways Division, it was considered that the provision of visitor parking spaces within the site should be required to ensure that parking on the highway is not encouraged. It is considered appropriate to require a plan to be submitted which identifies dedicated parking spaces for visitors in order to prevent adverse impacts upon the highway network. There is no set parking standard for retail uses, although Appendix 7 of the Strategic Plan does set out that for neighbourhood shops, "space for staff, customers and service vehicles will be required". As such it considered reasonable to require such provision in this case.

## Recommendation

It is recommended that the application be approved subject to conditions.

### Party Status

It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

The Department of Transport Highways Division
The Department of Transport Drainage Division
Patrick Parish Commissioners
Accordingly the following parties are not granted Interested Party Status:
The owner/occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan

### Recommendation

Recommended Decision: Permitted

Date of Recommendation: 23.10.2008

### Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : Notes attached to refusals

C 1. This approval relates to the sale and storage of vehicles on land adjacent to the Old Brickworks, Mines Road, Foxdale as shown by the plans and information 1624/1, 1624/2 and Enforcement Photographs submitted and date stamped 20th August 2008.

Within 28 days of the decision notice becoming final, a plan must be submitted and approved by the Planning Authority showing 5 dedicated visitor parking spaces. These must be clearly marked as being reserved for customers visiting the site and retained for this use only. It is recommended that the applicant consults with The Department of Transport Highways Division in relation to this issue.

C 3. There must be NO discharge of surface water (including that from roofs and paved areas) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.

N 1. It should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses. Appropriate measures must be taken by the developer / occupier of the premises to ensure compliance with the legislation.

I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)

Decision Made : Permitted Date :
Signed :
Senior Planning Officer

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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/86082-patrick-old-brickworks-vehicle-sale-storage/documents/1236298*