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Application No.: 20/00304/C Applicant: Stephen Woodward Proposal: Change of use from general industrial to leisure (Class 2.3 to class 4.4) Site Address: Unit C Balderton Court Balthane Ballasalla Isle Of Man IM9 2AJ Principal Planner: Miss S E Corlett Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 16.04.2020 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: to ensure that there is sufficient car parking to accommodate vehicles associated with the approved use.
Whilst the proposed use is not consistent with the land use designation, it is considered that there is justification for accepting this alternative use as it supports the Strategic Plan objectives on recreation and it is not considered that there will be any environmental harm from the proposal.
Plans/Drawings/Information; This decision relates to drawings GA4, GA4A, GA5 and GA200 all received on 11th March, 2020. _______________________________________________________________
Additional Persons
None _____________________________________________________________________________
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSED USE IS CONTRARY TO THE DEVELOPMENT PLAN
1.1 The site is the curtilage of part of an existing industrial building situated within Balthane Industrial Estate between the Isle of Man Airport and the main part of the village of Ballasalla. This is shown on Location Plan A2.pdf on the Government's online services which is perhaps the most helpful drawing of all provided, particularly also considering the Officer photographs which are also online. The whole building is a large portal framed industrial structure built of blockwork up to door height and blue sheeting above with dark blue rainwater goods. A concrete pad runs in front of the building which joins the paved surrounding to the building and there is then an area of rough ground between the site and the next industrial building to the north east. - 1.2 The building is subdivided internally into a number of units which face north east and south west. The applicant already uses the northernmost part of the building, an area of 18m by 14m with 7 parking spaces directly in front for recreation (indoor hover karts). The current application concerns the three units alongside and the land opposite. - 1.3 At the time of the site visit some of the land opposite had been levelled and surfaced as shown in the previous application with work clearly having commenced on the similar treatment of the rest of the land opposite the building for the same purpose (car parking) . - 1.4 The applicant advised in the earlier application that this part of the building has never been used since the erection of the building in 2010. THE PROPOSAL
2.1 Proposed are works to the building to convert it to an indoor leisure facility in addition to the existing Hoverkart City alongside. - 2.2 There are currently around 16 spaces directly outside the application site and the unit alongside also used by the applicant and in addition the area opposite is being cleared and will be available for parking, adding a further 30 spaces. This is shown on drawing reference GA200 titled Site plan A1.pdf on Government's online services. - 2.3 The applicant explains that since the opening of the facility last year it has been a great success and they wish to be able to accommodate more children in addition to the ten they can accommodate in the approved area. PLANNING POLICY
3.1 The site lies within an area designated on the Area Plan for the South (2013) as Industrial. The proposed use is contrary to that. The Strategic Plan welcomes the creation of employment opportunities (SP Business Policy 1) but discourage retail use of industrial areas (Business
Policy 5. It also encourages the provision of recreation facilities and acknowledges the benefit of this to the population and its quality of life (SP Chapter 10, APS chapter 8).
3.2 Whilst the proposal is contrary to the land use designation, the policies within the Strategic Plan which set out general standards of development are applicable:
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:
Transport Policy 4 also requires that the highway network is capable of satisfactorily accommodating the traffic from any development.
4.1 The building was approved under 10/00145/B for industrial purposes. 19/00018/B saw the approval of the adjacent Hoverkart City. This included a cafe facility which was controlled by condition to be only for users of the main facility within the site.
4.2 Other applications within Balthane of relevance are as follows, all approved:
18/00799/B - conversion of unit to dog day care facility 18/00127/B - conversion of unit to dog grooming facility 16/01177/B - conversion of unit to motorcycle repairs and sales 15/00665/C - use of premises as plumber's merchants and bathroom sales 15/00156/C - use of office as hair salon 14/01382/B - use of premises as dog grooming facility 12/01610/C - conversion of unit to cafe 11/00870/C - use of premises for the repair and sale of motorcycles 10/01179/C - use of unit as a fitness centre.
REPRESENTATIONS
5.1 Malew Parish Commissioners have no objection (08.04.20).
5.2 Highway Services have not commented. They did not oppose the previous application, noting that the parking requirement was one space to every 15 sq m of floorspace and that there was sufficient space around the site to accommodate this. A condition was recommended such that the parking space was provided prior to the use commencing and that it was retained for such use thereafter. ASSESSMENT - 6.1 As with the previous application, the proposed development is not consistent with the land use designation for industrial purposes. The issues are therefore whether the loss of an
industrial unit would be unacceptable, whether the proposed use would be incompatible with adjacent land users, whether the use is acceptable in itself including whether the impact on highway safety and car parking would be acceptable.
Loss of the industrial unit
6.2 The relatively recent Employment Land Review makes it clear that there is a longer term shortfall in the amount of land for employment purposes (industrial, offices, storage and distribution) within the Island and the conclusion from this, coupled with the SP policies which generally presume against retail use of industrial premises, is that industrial land should be protected for such uses only. There are, however, no policies which specifically presume against recreational use of industrial premises nor any land which is identified as proposed recreation. Recreation facilities tend to be protected where land is offered as outside or large scale recreation - sports pitches, sports halls, tennis courts etc.
6.3 There have been planning approvals granted for the use of industrial units as gyms and for personal training and of course permission has most recently been granted for the recreation use in the unit alongside and permission was granted for use of a unit not far from this one as a fitness centre. The other non-industrial uses are listed in 4.2 above. It is important to note that whilst approval has been granted for these alternative, non-industrial uses, the predominant use and character of the estate is still industrial with a number of new developments elsewhere on the estate, demonstrating that there is still demand for industrial style buildings (19/00006/B, 18/01110/B, 17/00325/B, 17/00203/B and 17/00202/B) most of which are implemented or being so. As such, whilst there is a small number of non-industrial uses being incorporated into the estate, this neither changes the character of the area nor undermines nor prejudices the use of the remaining units for their legitimate, industrial purpose. It is also relevant that other than the hair dresser, there is no land specifically designated or available within Ballasalla for these other uses and the alternative to them being located here or at Ronaldsway would be for the development to be located in the east, which does not assist with the distribution of these opportunities around the Island. Compatibility with other land users - 6.4 The use will generate more traffic than its industrial neighbours and potentially some use outside hours when adjacent units will be used (later at night and weekends). The fact that other units will not be used at the same time will reduce any opportunity for conflict but being located at the corner of the site, it is not anticipated that there will be conflict in any case. This part of the estate is new and well laid out with space for access and circulation. it could be argued that as this is adjacent to the approved recreation facility, the potential for conflict is minimised. Acceptability of the proposed use in itself - 6.5 The floor area is 378 sq m which would result in a requirement for 25 car parking spaces. The adjacent unit required 17 - 18 spaces. This results in a total requirement for 43 spaces which can be accommodated in the area shown on the plans. It is also likely that the facility wil be used at times when many of the other units are not being used or are occupied (weekends and evenings). As such, it is not likely that there will be an adverse impact on the surrounding area, either in terms of car parking or highway safety or any other form of nuisance or disruption.
7.1 Whilst the proposed use is not consistent with the land use designation, it is considered that there is justification for accepting this alternative use as it supports the Strategic Plan objectives on recreation and it is not considered that there will be any environmental harm from the proposal. A condition is recommended to require the parking spaces prior to the use commencing. INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
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:…05.05.2020
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 officerreport).
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