28 January 2011 · Delegated
Site Adjacent To Media House, Tromode Industrial Estate, Tromode, Douglas, Isle Of Man, IM4 4qj
The proposal sought to build a new office building with associated parking and landscaping on a site within Ballafletcher Industrial Estate, on the northern side of Ballafletcher Road in Braddan. The site sits within land designated as predominantly industrial under the Braddan Parish District Local Plan. The central planning issue was whether an office use of this kind was acceptable in an industrial zone. The officer concluded that the proposed office — likely to attract visiting customers seeking face-to-face services such as financial advice — does not sit comfortably within an industrial estate and is the type of use that should be found in an existing town or village centre. While the scale, design, parking, and access arrangements were considered acceptable in themselves, the principle of the use conflicted with the land use designation and with General Policy 2 and Business Policy 7 of the Isle of Man Strategic Plan 2007.
The application was refused because an office building of this type — one likely to attract visiting members of the public — conflicts with the predominantly industrial designation of the Ballafletcher estate and should instead be located in a town or village centre. The officer also noted that planning permission cannot be tied to a specific end user, so any customer-facing office could occupy the building. This placed the proposal in conflict with General Policy 2 and Business Policy 7 of the Isle of Man Strategic Plan 2007.
General Policy 2
contrary to the land use designation and provisions of General Policy 2
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: (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. 6.3 Development outside of areas zoned for development
Business Policy 7
Business Policy 7: New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space (a) on approved Business Parks for Corporate Headquarters which do not involve day to day callers; or (b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance.
Business Policy 8
New office buildings should, in terms of height and mass, respect the scale and character of adjoining and nearby buildings
Business Policy 8: New office buildings should, in terms of height and mass, respect the scale and character of adjoining and nearby buildings and should accommodate parking space in accordance with the standards specified in Appendix 7 of the Plan. 9.4 Retailing 9.4.1 As with office accommodation, and for similar reasons, retailing is largely concentrated in our town and village centres. Of these, Douglas is the largest and includes branches of many of the shops which are familiarly found in high streets around the UK. However, locally based retailers add variety and interest to our shopping streets, and this is particularly noticeable in Ramsey, Peel, and Castletown. It is interesting to note that in Ramsey and Peel, locally based furniture shops operate successfully from within the town centres, whereas Douglas town centre has now largely lost its furniture shops to edge-of-town or out-of-town sites. 9.4.2 The reasons for directing retail development to town centre sites are essentially those set out in paragraph 9.3.3 in respect of offices, but to these must be added the nee d for there to be a sufficient range and choice of goods available in the one shopping trip, without the need to travel between sites. Experience in the UK illustrates the impact which out -of-town retail development has on the traditional town centre high street and on small village shops, and it is pertinent to note the reversal of policy by the UK Government. The Department therefore proposes to adhere to the established policy which was embodied in the Tynwald resolution of 1987 (see paragraph 9.2.5). 9.4.3 Exceptions to this general policy have been identified in paragraph 9.2.6. In addition, there are community benefits associated with neighbourhood shops (see paragraph 10.6.1). The following general policy is therefore appropriate:
Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 2
contrary to the land use designation under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 2
Condition 1
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Condition 2
This approval relates to drawings numbered 1013/01 and 1013/02 date-stamped 10th November 2010.
Condition 3
No development shall take place until access and visibility details have been submitted to and approved in writing by the Planning Authority; and the development shall be carried out and retained as approved.
