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{{table:55052}} Case Officer: Miss S E Corlett Photo Taken: Site Visit: Expected Decision Level: Officer Delegation
1.2 The ground floor accommodation is a series of offices with a meeting room, filing room, store, kitchen and staircase leading up to the first floor which is in separate usage. The accommodation amounts to around 181 sq m of floorspace nett.
1.3 The application indicates that accommodation has been used since the mid 1980s by NFU Mutual as their offices (NFU is an insurance company and was first constituted to serve the farming community).
2.1 The application seeks a certificate of lawfulness of use of the premises as a general office. Planning permission was granted under PA 87/4522 for the construction of a building to accommodate the administration of the abattoir and creamery and a condition was attached requiring the use to be "in connection with the administration of the creamery or abattoir and shall not be let off in whole or in part at any time. Since its construction and first occupation for these purposes, planning permission has been sought for the change of use from the approved use to general offices. PA 95/01404 was refused for the reason that "The environment around the building is of an industrial nature which can give rise to noise and smells. The site is thus unsuitable for general office use unconnected with these industrial uses. In any case, offices should be located in the central areas of the towns and villages unless the office use is location-dependent."
2.2 Permission was granted for the use of the upper floor for general office purposes under PAs 06/00353, 01/01455 and 00/00631. PA 00/00631 granted a change of use of upper floor for administration of Educational Services, in July 2000 for the use, with a Condition that the approval be restricted to an 18 month period only after which time the use must cease. The
following application subsequently granted an unlimited time period, but with a personal approval. PA 01/01455 - Continued change of use of upper floor as office. This application granted an unrestricted term of use to "Include" for purposes of educational services for children excluded from school.
2.3 There is limited information available to demonstrate how long the premises have been used by NFU Mutual: a bill for services from the Agricultural Marketing Society dated 2000-2001. Also a rate demand relating to 2012-2013 to NFU at the application site and finally a letter from John Mann, the Property Department of NFU which confirms that they have been tenants of the premises since November, 2007 but confirming that they had been in occupation there before then but with no further substantiating information. The applicant has latterly sent in a copy of the telephone directory of 2001 which lists NFU mutual as being based at Agriculture House.
3.1 The site lies within an area designated on the Braddan Local Plan as Predominantly Industrial.
4.1 Braddan Parish Commissioners indicate that they have no objections or concerns about the application. They have no specific information about the rates other than the 2012 demand which was paid by NFU Mutual. They do note that they had an application for advertisements in 2006 which showed the building as offices. The Clerk also indicates that he met with the organisation in 2008 regarding a Commissioners' issue and anecdotal information from the Commissioners' staff would indicate that the premises have been using the premises as an office since 2001, which would support the information provided by the telephone book entry from that time.
5.1 The information to support the allegation that the premises have been used by NFU Mutual as a general office since at least 2001, is limited. However, all the information provided, together with the views of the Commissioners, would seem to indicate that the premises have been used for this purpose for in excess of ten years.
5.2 The Use Classes Order 2012 makes provision for two differing classes of office: Class 2 is for Financial and professional services which include financial services (including the services of a bank, building society or insurance broker) and betting office, job centre, booking office for a driving school, estate agency but do not include medical or health services, legal and architectural services). Class 4 is for Offices other than those within Class 2.
5.3 Class 2 appears to differentiate those offices which attract day to day callers – almost comparison offices – from those who have customers but who would not be calling on a regular or speculative basis. NFU is not an insurance broker but a commercial insurance provider which, it is considered places them within Class 4.
5.4 Whilst concern was expressed when an application was considered for the use of the premises as an office, that the environment was not suitable for such an operation, it is clear that the office has been operating here for some time without any apparent issue or conflict. It is also relevant that the Creameries have submitted an application for the principle of the re-development of part of the site – the cheese store – as a corporate headquarters – PA 12/01354 which is awaiting a decision pending the submission of a transport assessment.
5.5 The suitability or otherwise of the site for a general office is, however not the issue. The issue is whether the use has been operational for a period in excess of ten years and if there is sufficient evidence to demonstrate that. Whilst the evidence comprises small pieces of
information which on their own may not indicate that this is the case, cumulatively, and with the views of the local authority, it is considered that it has been demonstrated that the use of the premises as an office has been operational for a period in excess of ten years and that as such, a Certificate of Lawfulness of this use should be issued.
Recommended Decision: Permitted
Date of Recommendation: 19.02.2013
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made: Permitted Date: 26/2/13
Signed: _________________________ Anthony Holmes Senior Planning Officer
Signed: _________________________ Michael Gallagher Director of Planning and Building Control
Signed: _________________________ Jennifer Chance Development Control Manager
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