**Document:** Officer Planning Report **Application:** 07/02245/C — Change of use for Bay 2 to a permanent retail shop **Decision:** Refused **Decision Date:** 2008-06-23 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/84537-braddan-tt-grandstand-change-of-use/documents/1520100 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] ### Officer's Report #### Site The application site forms Bay 2 of a recently renovated unit below the TT Grandstand. The site is zoned as an area of buildings for civic, cultural and other special use, particular in relation to TT Grandstand, in the Douglas Local Plan. #### Proposed Development The application is seeking permission to change the use of the bay from a multi-purpose unit to a permanent retail. ## Planning Policies Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: Strategic Policy 9, General Policy 2, Business Policy 10 Strategic Policy 9 states that "All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for business park location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8." Business Policy 10 states that "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential area and those identified in Business Policy 5." ## Planning History The following previous application is considered relevant in the consideration of this application: PA 06/1678/B – Enclosure of open bays below existing grandstand to form multi-purpose units, for use associated with events – granted on 22nd December 2006 Condition 3 of the planning permission states that "The units shall only be used as temporary retail/café and refreshments/hospitality suites/office accommodation/storage facilities and workshops in association with events held at the TT Grandstand." ## Representations Douglas Corporation and the Highways Division of the Department of Transport do not oppose the application. Mr Skinner of 6 Berkeley Street has objected to the application on the grounds that the proposal is contrary to Business Policy 10 of the Isle of Man Strategic Plan. He also contends that if the proposal is approved it inevitably give rise to an increase in traffic within the area which is still predominantly recreational and therefore increase the potential for accidents occurring between vehicles entering the area and pedestrians. Furthermore, he states that organisers vary the direction of traffic in certain areas of the Grandstand complex during their events and if approved it would give rise to complications for customers to the area leading to a possible conflict between retailers, the Department of Tourism and event organisers. The Society for the Preservation of the Manx Countryside and Environment questions the need for the facility, whether it will be viable and whether it will effect the viability of other established neighbourhood shopping centres or the Town Centre. They also question whether there are traffic considerations. The Society is concerned but accepts that there may be a case for encouraging such development. Standard comments have been received from the Isle of Man Fire and Rescue Service. ## Assessment In 2006, an application was submitted to enclose the open bays below the grandstand to form multi-purpose units, which was granted planning permission on 22nd December 2006. A condition was attached stipulating the type of uses which could be operated from the units for events held at the TT Grandstand. The uses were restricted to a temporary basis so as to ensure they are not used on a permanent basis. This was to ensure that non conforming uses, i.e. retail shops, are not located outside the main retail centres on a permanent basis. A temporary retail use was allowed under the previous planning permission. This current application is proposing to change the use of this bay into a permanent retail unit. It is important to understand what Strategic Policy 9 and Business 10 of the Isle of Man Strategic Plan entails so as to assess the application. Strategic Policy 9 states that “All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for business park location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8.” Business Policy 10 states that “Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential area and those identified in Business Policy 5.” The applicants states “We feel that the Grandstand area would benefit the leaseholder and the general public in having retail facilities open on a year round basis and not just for grandstand based events [sic].” Furthermore, the applicants have stated that “I have re-read your last few paragraphs [of your letter] referring to the Strategic Policy 9 of the Isle of Man Strategic Plan 2007, the zoning of the land and also your references to Business Policy 10 and I can say that it is because of this reason that the Department submitted the planning application for permanent usage.” The application site is zoned as an area of buildings for civic, cultural and other special use within the Douglas Local Plan 1998. The site is not within town centre and nor is it within neighbourhood shopping centre. The site is not zoned for retail purposes and therefore approving this application would be contrary to the policies of the development plan. Permanent retail uses should be located within Douglas Town Centre where there are vacant units. If permanent retail uses are to be established outside the town centre, the vitality and viability of the Douglas Town Centre and other retail areas would be affected as it would draw uses away from these locations, which in turn would result in the general public being drawn away from the established retail areas. It is considered that a permanent retail use in this location would be wholly inappropriate and contrary to the policies of the Strategic Plan. In respect of the pedestrian safety concern during events, it is considered unlikely that the proposed use would give rise to complication for customers conflicting with traffic movements within the locality during events as the area is marshalled during such times. Furthermore, the Highways Division of the Department of Transport have not objected to the application. ### Recommendation It is recommended that the application be refused for the above reasons. ### Party Status The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. Whilst the Isle of Man Fire and Rescue Service represents a statutory authority, the points raised in correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance. Mr Skinner, 6 Berkeley Street, given his distance from the application site is not granted Interested Party Status under the provisions of Planning Circular 1/06. The Society for the Preservation of the Manx Countryside and Environment do not have sufficient interest in the application to be afforded party status In summary, 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: - Douglas Corporation - Highways Division of the Department of Transport Accordingly the following parties are not afforded interested party status: - Isle of Man Fire and Rescue Service - Mr Skinner, 6 Berkeley Street, Douglas - Society for the Preservation of the Manx Countryside and Environment ### Recommendation **Recommended Decision:** Refused **Date of Recommendation:** 02.06.2008 ### Conditions and Notes for Approval / Reasons and Notes for Refusal - **C : Conditions for approval** - **N : Notes attached to conditions** - **R : Reasons for refusal** - **O : Notes attached to refusals** ## **R 1.** The proposed change of use would be contrary to Strategic Policy 9 and Business Policy 10 of the Isle of Man Strategic Plan 2007 in that it would establish a permanent retail use in a location not zoned for retail purposes within the Douglas Local Plan 1998 and furthermore it would impact on the vitality and viability of Douglas Town Centre and other established retail areas within Douglas. **Decision Made :** Refused **Committee Meeting Date :** 20th June 2009 --- *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/84537-braddan-tt-grandstand-change-of-use/documents/1520100*