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Application No.: 18/00113/B Applicant: Campbell Moore Limited Proposal: Alterations, erection of front extension to provide entrance porch and change of use from retail of electrical goods (Class 1) and warehouse to retail of wine and liquor (Class 1), warehouse and deli / cafe (Class 3) Site Address: Former Digital World The Milestone Peel Road Douglas Isle Of Man IM1 5ED Case Officer : Mr S Butler Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 29.03.2018
C : Conditions for approval N : Notes attached to conditions
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.
Reason: To prevent the level of use for office, meeting room, retail and cafe to change from that submitted as this may materially alter the nature of the use and the proposal has been accepted on the basis that the office and meeting room is ancillary, and the retail does not exceed 193 square metres and the cafe does not exceed 109 square metres.
There shall be no public access to the areas marked as office, meeting room, warehouse storage or mezzanine storage on drawing number 913/013Rev A date stamped as having been received 5th February 2018.
Reason: To ensure that the amount of the site used for retail or cafe does not change as this may materially alter the nature of the use and the proposal has been accepted on the basis that the office and meeting room is ancillary, and the retail does not exceed 193 square metres and the cafe does not exceed 109 square metres.
N . The site is identified as being within a High Flood Risk (River) area on the 2017 MUA Flood Maps. The applicant is advised they may wish to consider resiliance measures in relation to potential flooding, so long as such measures do not require seperate approval or breach any condition attached to this approval.
Plans/Drawings/Information;
This approval relates to the following plans, drawings and information:
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:
Although discussios have taken place with the Cabinet Office (Planning Policy), as they have not made formal written representations they cannot be considered for Interested Person Status.
0.0 PREAMBLE - 0.1 The original Case Officer for the application aksed for it to be reallocated once they idnetified that they currently reside near the existing premises the applicant is moving from, and did not wish there to be an impression of a conflict of interest. The current Case Officer is unable to attend Planning Committee on the 9th April, and it is noted that Planning Committee prefer the Case Officer to present their own applications. However, it is understood that there is some urgency to determie the application (see Section 2 below) and therefore it is presented to Planning Committee in the absence of the Case Officer.
1.0 THE SITE - 1.1 The application site is the former Walton's Digitial World, forming part of larger building which also contains a gym and plumbing. The building is of relatively modern construction, similar to those situated to the immediate south east of the site. - 1.2 Existing parking is to the front of the site facing onto Peel Road. To the rear is the former railway line. - 1.3 To the North of the site the following preimses front onto Peel Road - a filling station (includng shop), a fast-food drive through and resteraunt, and the Fire Station.
2.0 THE PROPOSAL - 2.1 The applicant wishes to relocate to the former Walton's site. - 2.2 The applicant currently operates a business from a site on Tennis Road, suplying resteraunts, businesses and individual retail customers. They indicate that ther lease is due to expire and the landlord does not wish to renew, and so they have spent approximately 12 months trying to find alternative premises. The current preimses occupy 246 sq.m. with 8 parking spaces and is open 9:30 - 19:30 (peak 17:00 - 19:30). - 2.3 At the new site they propose:
2.4 The floor area would be as folows:
2.5 The purpose of the Deli Café is given as, "to compliment the retailing and wholesaling of alcohol and related products and is an integral part of the business and overall offering. The facility will be used by those purchasing wine, users of the adjacent gym & health centre, local businesses andpassing trade given itslocation on a primar route to/from Douglas town centre. The area will allow educational wine courses and tutorials to both trade and private customers, wine tastings and winde and dinner appreciation evenings". - 2.6 The applicant has noted that the food sold on the preimses and to take away will heavily focus on local produce, health focused drinks/food and both fresh and cooked food. Also, that there is prsessue on independent specialiost retailrs by both online convenience and major chains and so they need to offer a bespoke service and a reason to shop local. - 2.7 To demonstrate that the café is not a stand-alone operation, the applicant's agent has made the following statements:
2.8 Ancitipated opening hours are:
Wine Retail: 09:30 to 19:30 Deli Café: Mon / Tues / Wed: 7:30 to 19:30
Thurs / Fri / Sat: 07:30 to 23:00 Sun: 09:30 to 17:00
2.9 The appliant's aget indicates that the terms of their lease includes the shared use of a total of 53 established car parking spaces, 27 of wich are within the lease/site boundary. It is also noted that the site is close to a bus route. - 2.10 The applicant's agent argues that,
"The building and its location are not well suited for an industrial function particualry whe cosnidering the adjoining uses andits prominence as a site on the main route into Douglas. With the availability of other industrial sites & vacant industrial buildings, combined with the dilution of this area as purely industrial, it could be considred that the Douglas Local Plan may be outdated for this immediate area".
2.11 They also note:
2.12 The supporting information states, "There is no intention to materially alter the rear access lane to the building". The appliant's agent has provided furthr information which states,
3.0 PLANNING POLICY - 3.1 The site is within the area covered by the Douglas Local Plan (1998) as Light Industrial. It is within High Flood Risk (River) on the 2017 MUA Flood Maps. It is not within a Conservation Area. - 3.2 The note at the front of the Douglas Local Plan written statement notes that it was not formlly approved and published, but is capable of carrying some weight. However, detailed policies are included in the more recent (and formally approved) Strategic Plan (2016) including those set out below. - 3.3 In light of the above it is considered appropriate to consider the followng Strategic Plan Policies.
"New development should be located and designed such as to promote a more integrated transport network with the aim to:
"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: …
..
"Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4".
"Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted".
"The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan".
"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:
"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".
"…Existing public rights of way should be retained and any development which affects these will be permitted only if it provides diversions which are no less direct or attractive than existing routes".
"New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes".
"New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes".
"The Department will require that in all new development, parking provision must be in accordance with the Department's current standards". The parking standards in Appendix 7 do not include out-of-town shops or cafes, but do include out of town offices (1 space for every 50 square metres of nett floor space).
3.4 The Area Plan for the East Preliminary Publicity land-use maps showed this site as, "Employment Area". It is understood that the Draft Plan is to be issued for consultation in May 2018, with final adoption antiicpiated in mid-2019. - 3.5 The Employment Land Review (published in 2015 and amended in January 2017). A supplement was published in January 2017 and indicated that, "Available land in the East is limited to 2ha, a land supply of under 3 years at historic rates". PLANNING HISTORY
4.1 There are a number of planning applications, the most relevant of which is 12/00933/B approved on 16/10/12 for, "Extension to retail area, installation of additional mezzanine storage floor and installation of additional rear elevation window". - 4.2 The officer report noted that,
"This application seeks approval to extend the existing retail floor area of the building. There is currently approximately 175 sq.m of retail floor area with the majority of the building being used for storage, service department, staff facilities and offices. A new area of mezzanine would be created to provide an additional storage area, presumably to off-set that which would be lost to the new retail space. A new rear window would also be installed"
4.3 The report concluded that,
"In this particular case it is found that the level of sales area increase proposed coupled with the type of goods that would be offered (i.e. bulky) result in the application being acceptable.
In reaching this view, consideration has been given to all of the matters explored above. It is concluded that the application is acceptable when assessed against BP5. It should however be noted that particular weight has been given to the proportion of the building that would be used for retailing, the clear link that this retailing would have with the service centre function of the building and the type of goods proposed to be sold".
4.4 Condition 3 of the approval states:
"This approval permits the use of the building for storage, manufacture, repair, servicing and upgrading of electronic equipment, with an element of retail use and office use. The retail use and training element should at no time occupy more than 295sq.m of that part of the premises which is the subject of the application. No goods other than electronic goods may be sold or handled on this part of the premises".
4.5 It is also worthy to note that 14/00836/B for, "Conversion of the ground floor of the building from a print warehouse and offices, to offices, a facility for the storage distribution and sale of alcohol and a café" was approved on 15.10.2014 at the nearby European House site. The Case Officer Report for that application noted that,
"2.1 Proposed is the conversion of the ground floor of the building from a print warehouse and offices to offices, a facility for the storage distribution and sale of alcohol and a cafe. Physical changes to the building are proposed in the form of an elevated terrace to serve the proposed cafe which will sit behind it. The cafe will accommodate 266 sq m of floor area in total excluding toilet facilities. The terrace will sit upon a steel and timber elevated deck which will sit between 2m and 1.5m above ground level at this point. This area is 95 sq m in area (10m by 9.5m) and will be enclosed by a glass balustrade which is 1.05m high from the terrace level.
2.2 The wine warehouse will occupy an area of 709 sq m at the rear of the building. The layout illustrates that there will be various shelves and areas of display, trolley storage and a counter sales area. Access would be to the north of the main entrance with a dedicated customer entrance. - 2.3 There would be an office area of approximately 64 sq m and in front of this a reception area of around the same size. Stairs to the upper floors are in the centre of the core of the building, the reception area and the cafe which lead to the office accommodation on the first floor (416 sq m nett) and second floor (240 sq m nett). Male and accessible toilets are in the centre of this area. Further toilets are available within the cafe. The cafe and outdoor area are inter-accessible".
5.0 REPRESENTATIONS - 5.1 The original '21 days' consultation period ended on the 9th March 2018. Amended/additional information was provided on the 20th March 2018 specifically to address concerns raised by DOI Highways and policy issues raised by the Case Officer. These were circulated requesting comments by the 6th April. Any additional comments to those listed in the report below will be reported verbally to the Planning Committee. - 5.2 Douglas Borough Council commented on 5th March 2018 requesting an extension until the 23rd March 2018 to comment. No further comments have been received at the time of writing. - 5.3 DOI Highways have commented on 26th March 2018 (in response to the additional information) as follows:
"Following the previous highway response dated 27/02/18, Highway Services have undertaken a site visit and the applicant has provided additional information.
The applicant has confirmed that there are 27 dedicated car parking spaces (including 1 disabled bay) fronting the unit that would be used by the development as specified in the lease, and there are 26 additional spaces on the adjacent part of the site for other site uses. Deliveries would occur to the side of the unit and would not obstruct the parking area.
The development would generate the following car parking demand:
Highway Services visited the site at 4:30pm on Tuesday 20th March when there were a few available spaces in front of the unit in question and in the adjacent car park next to the other site uses. The site was also passed earlier in the day and the day before where a similar level of site parking was observed.
Of the 27 spaces available to serve the development, 7 spaces would be needed to serve the office and warehouse/storage uses according to the parking standards. 20 spaces would there be available for use by the retail and deli/café elements of the business which is considered to be adequate, particularly as the peak demand for parking throughout the day and the week will vary for the different site uses.
It is anticipated that the additional traffic that would be generated by the development should not cause a significant impact on the operation of the adjacent highway, particularly as some of the extra vehicle movements would occur at evenings and weekends when general traffic on the network is lower that at peak times. Highway Services does not oppose this application subject to a planning condition for the 27 site parking spaces to be made permanently available and unobstructed for parking use".
5.4 Manx Utilities have been consulted and no comments have been received at the time of writing. - 5.5 Department for Enterprise commeted on 22nd March 2018 as follows:
"Whilst the Department accepts that the site is located within the zoning 'Light Industrial' on the 1998 Douglas Local Plan; the immediate area has been the subject of a number of planning applications and subsequent approvals that have introduced a retail element to the locale. For example, within the block that includes the proposed, are a Health and Fitness Club, The Tile Centre and City Plumbing. The adjacent Petrol Station has an element of retail concession and to the north of the Petrol Station is the McDonald's fast food restaurant, permitted in September 1997.
More recently; Planning Approval was granted in October 2014 for a facility for the storage, distribution and sale of alcohol and a café at European House on the junction of Peel Road and Pulrose Bridge. A similar offer to that proposed.
Mindful of the foregone, it is therefore considered that the area has taken on a distinct retail use and in this context, the basis of the application is considered acceptable".
5.6 A meeting took place with colleaues from the Cabient Officer (Planning Policy) who advised that given the nature and scale of the development (especially it being a change of use rather than new building and already have permission for a form of retail) it is not considered to be premature in relation to the Area Plan for the East, but that in order not to undermine potential future masterplanning of the wider area, the route of the heritage trail to the rear should be kept clear of obstruction
6.1 In light of the above it is considered that the main issues are as set out below.
6.2 Is the site in accordance with the exceptions for uses on Employment Land? (Business Policy 5 and Business Policy 10), and if the site is not in accordance with the Area Plan usage does it meet any of the exceptions in General Policy 3?
.. and that the proposal would not detract fromt h vitality and viability of the appropriate town centre shopping location.
6.3 Will the development make good use of a redundant building and make good use of existing infrastrucutre (including being able to be provided with necessary services? (Strategic Policy 1a and b, General Policy 2j)
6.4 Will the proposal be acceptable in terms of design/visual impact, and not adversely impact on the character of the surrounding area? (General Policy 2b and c)
6.5 Will the site be of net economic benefit (including considering any negative impact on town centres and potential loss of Employment Land)? (Business Policy 1, Employment Land Review)
6.6 Is the proposal premature to the Area Plan or would it predjudice the use of surroduing sites? (General Policy 2k, Emerging Area Plan for the East)
6.7 Will the proposal minimise journeys by car, make best use of public transport and encourage pedestrian movement? (Strategic Policy 10a, b and d, Transport Policy 1)
6.8 Will there be any adverse impact on highway safety (Strategic Policy 10c, General Policy 2i) and is there sufficient parking? (General Policy 2h, Transport Policy 7)
6.9 Has there been a flood risk assessment and is the development acceptable in flood risk terms? (General Policy 2l, Environment Policy 10 and Environment Policy 13)
6.10 Will the proposal undermine the future use of the heritage trail in terms of it being pleasant and safe (General Policy 2m, Recreation Policy 5, Transport Policy 3
7.1 The proposal is a departure from the Development Plan in terms of the Local Plan Allocation and requirement for flood risk assessment. However, in other regards the proposal does comply or is supported by several policies. On balance there is not considered to be any demonstratable harm either to the local area, highway safety or wider town centres and the proposal is likely to be of net economic benefit. It is therrefore supported subject to conditions and a note in relation to floor risk. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
8.2 The decision maker must determine:
Decision Made : ………………… Committee Meeting Date:…
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.
Signed :…………………………………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph in the Officer’s report).
Signatory to delete as appropriate YES/NO
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