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The application site comprises a parcel of land contained within Ballafletcher Industrial Estate, which is located on the northern side of Ballafletcher Road in Braddan.
The proposed development comprises the erection of an office building with parking and landscaping on the application site.
The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.
Braddan Parish Commissioners have no objections to the planning application.
The Department of Infrastructure Highways Division have deferred their comment on the planning application. It is their understanding that the applicant is going to provide additional drawings to demonstrate visibility splays onto the privately maintained access. The applicant’s have provided written information to clarify this issue.
Douglas Borough Corporation, as drainage agent, does not oppose the planning application.
The Manx Electricity Authority expresses an interest in the planning application.
In terms of local plan policy, the application site is located within a wider area of land that is designated as predominately industrial under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 2.
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application.
General Policy 2 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:
Business Policy 7 states: "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
Business Policy 8 states: "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."
The planning application seeks planning approval for the erection of an office building with parking and landscaping on the application site. The proposal was the subject of pre-application discussion with the applicant and a copy of email correspondence indicating issues with the proposal can be found on the application file.
The key issues in the assessment of the planning application is the acceptability of the proposed use within the area, which is an area designated as being predominately industrial under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 2. Fundamentally, Business Policy 7 states that new office floor space should be located within town and village centres on land which is zoned for the purpose. The only two exceptional circumstances for setting this aside are where the development would be for corporate headquarters that do not generate day to day callers or where the development would be the most appropriate practical and economic way of securing the future of buildings of architectural of historic interest. The development proposed by this planning application is contrary to this policy and does not constitute either of
the two stated exceptions. Taking a more site specific view it is evident that the overall Ballafletcher estate contains a variety of different commercial buildings in different uses. Whilst some of these existing developments include office elements such elements are generally ancillary to the main part of the business and such developments do not rely on customers visiting the site on a regular basis. There is a material difference between an office that does not normally have non-staff (i.e. customers) visiting on a regular basis and one that is entirely dependent from non-staff visits (i.e. back office operations). As stated earlier, land use designation and planning policy aims to direct offices that would provide services that would be reasonably expected to generate regular non-staff visits to existing town and village centre locations or subject to the provisions of Business Policy 7 other locations designated for such purpose.
The applicant for the proposed development is a chartered financial planning business and as evidenced by the submission the development proposed by the planning application is an office development to serve such business. The applicant has stated, and repeated when queried, that numbers of visiting customers to the development are expected to be low. In terms of assessing the proposed development this assertion is not accepted. Firstly, even with advances in telecommunications it is considered to be a reasonable conclusion that people seeking financial advice will have a realistic expectation to do so on a face-to-face basis and that once operational any business would be highly unlikely to turn away prospective business. Secondly, any planning approval granted would be for the development shown within the planning application and the end user is not fixed or subsequently controlled through the planning system. A subsequent office based business could potentially occupy the development and definitely be dependent on visiting customers. This leads to the conclusion that the proposed development, and specifically the type of office proposed, does not sit comfortably within the Ballafletcher estate and is a use that should be normally found within an existing town or village centre location. As such, the proposed development is contrary to the land use designation and provisions of General Policy 2 and Business Policy 7 of the Isle of Man Strategic Plan 2007.
Setting aside the principle of development it remains necessary to consider the site specific impacts of the proposed development. In this regard the proposed development is of an acceptable scale and design so as not to adversely affect public or private amenity. Levels of car parking are appropriate and the issue of the visibility splays onto the privately maintained access would appear achievable.
It is recommended that the planning application be refused.
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
Braddan Parish Commissioners; and Douglas Borough Corporation. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Department of Infrastructure Highways Division; and The Manx Electricity Authority.
Recommended Decision: Refused Date of Recommendation: Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
The proposal represents an office based development that in this instance provides financial and professional services that would be reasonably expected to generate and be reliant on visiting customers. Office development should be normally found within appropriately designated areas within existing town and village centres unless constituting either of the two stated exceptions under Business Policy 7 of the Isle of Man Strategic Plan 2007. As the proposed development does not constitute either of the two stated exceptions the proposal is contrary to the land use designation under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 2 and the provisions of General Policy 2 (k) and Business Policy 7 of the Isle of Man Strategic Plan 2007.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer.
Decision Made : Refused Date : Signed : Senior Planning Officer
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