Planning Authority Statement PA11/01721/B

infrastructure

planning and building control bun-troggalys - plannal as gurneil troggal

Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF.

email: [email protected] Tel: (01624) 685901 Fax: (01624) 686443 Director of Planning & Building Control Michael Gallagher, M.R.T.P.I.

Mr. A. Johnstone, Planning Appeals Administrator, Crown Division, Chief Secretary’s Office, Government Offices, Douglas, IM1 3PG.

Date: 23rd February 2012 Your Reference: DF11/0026

Dear Mr. Johnstone,

Re: PA11/01721/B - Creation of a car park, access improvements and change of use of existing farm cottage to offices, Ballapaddag Farm Cottage, Adjacent to Eden Park Limited, Cooil Road, Braddan.

Please find a statement that sets out the position of the Planning Authority in respect of the above planning application. If you have any queries, please do not hesitate to contact me. Yours sincerely,

Ian Brooks BA(Hons) DipTP MRTPI Planning Officer

Planning application 11/01721/B - Creation of a car park, access improvements and change of use of existing farm cottage to offices, Ballapaddag Farm Cottage, Adjacent to Eden Park Limited, Cooil Road, Braddan.

Introduction

1. The aim of this statement is to provide background information to the planning application and to set out the views of the Planning Division in respect of the proposed development.

Site

1. The application site comprises the existing car park on the opposite side of the service road into Eden Park Garden Centre, and the dwelling of Ballapaddag Farm and part of an agricultural field. The site is zoned as open space (Agricultural) in the Braddan Parish District Local Plan 1991. The site is also zoned as being of High Landscape Value.

1. The dwelling of 'Ballapaddag Farm' is currently subject of a Building Preservation Notice.

Proposed Development

1. The application is seeking planning permission for the creation of a car park, access improvements and a change of use of the existing cottage into offices.

1. The proposal is to create an 81 space visitor car park to the north east of Eden Park Garden Centre. The proposal also makes provision for an additional 8 car parking spaces for the new offices.

1. The current 72 space car park will be retained for staff and will be served by a single point of access. The internal layout will be amended to accommodate the revised access arrangements with spaces being reduced to 68 in number.

Planning History

1. There has been a previous planning application on the site, which is considered material to the assessment of this current planning application:

11/01100/B – Creation of additional car park and access improvements – withdrawn.

Planning Policy

1. Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 3, Environment Policies 1, 2, 7 and 33, Business Policy 1 and Business Policy 7, Transport Policies 1, 4 and 7

1. General Policy 3 (GP3) states that "Development will not be permitted outside of those area which are zoned for development on the appropriate Area Plan with the exception of:

(a) Essential housing for agricultural workers who have to live close to their place of work;

(b) Conversion of redundant rural buildings which are of architectural, historic, or social value and interest;

(c) Previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;

(d) The replacement of existing rural dwellings; (e) Location-dependent development in connection with the working of minerals or the provision of necessary services; (f) Building and engineering operations which are essential for the conduct of agriculture or forestry;

(g) Development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and

(h) Buildings or works required for interpretation of the countryside, its wildlife or heritage.

1. Environment Policy 1 (EP1) states that "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

1. Environment Policy 2 states that "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is supersede by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

(a) the development would not harm the character and quality of the landscape; or

(b) the location for the development is essential."

1. Environment Policy 33 states that "The change of use of Registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are no detrimental to its character as a building of special architectural or historic interest."

1. 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 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."

1. Transport Policy 4 states that "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

1. Transport Policy 7 states that "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

1. Within the Braddan Parish District Local Plan 1991, Paragraph 13.3 states that "The rural areas of Braddan Parish District will be designated as being of High Landscape Value. As part of this policy it is essential that the important tree groups and woodland within the parish be subject to a maintenance and management scheme which will include underplanting as and when necessary"

1. Paragraph 3.3 states that "No additional office development will be permitted in the Braddan Parish District with the exception of those necessary for the functioning of an approved industrial development, including science based industries, or where an individual office can be shown to be necessary solely for the needs of the local community. Conversion of existing structures will be preferred to new development."

1. Paragraph 13.4 states that "No further development in the countryside will be permitted with the exception of those referred to in 13.2 and those which are required for national strategic reasons, and those required for essential agricultural purposes. All areas designated as open space must be respected and no further intrusion will be permitted."

Representations

1. Braddan Parish Commissioners do not object to the application.

1. Highways Division of the Department of Infrastructure have commented on the application. They have indicated:

"Having reviewed the application I would not oppose the application on traffic management or highway safety grounds subject to the new public car park entrance being widen from 5m to a least 6m, the same as the entrances to the existing customer car park, as I believe that 5m would be too narrow to efficiently accommodate 2 way peak flows in to and out of the car park. The new entrance is 24m from Cooil Rd this could result for example that even a short queue of 4/5 vehicles waiting to exit the site could, with the 5th vehicle waiting in the narrow car park entrance could cause a similar queue to form of vehicles wishing to enter the site, here though the 5th vehicle would be waiting on Cooil Rd with obvious traffic management and safety issues."

The applicant has amended their plans to increase the car park entrance from 5m to 6m. The Highways Division have indicated that they are happy with the revised entrance to the customer car park as shown in drawing number 012/B.

1. Dandara Commercial Limited have raised the following concerns with the application: 1) The lack of forward visibility to the junction, which brings into question the suitability of the junction for a material increase in the number of vehicles which will

turn right into it from Cool Road; Other parts of their objection letter relate to another application for industrial units to the rear of the Eden Park Garden Centre.

1. The Isle of Man Water and Sewerage Authority have no objection to the application subject to conditions.

ASSESSMENT

1. The starting point is to consider the Braddan Parish District Local Plan (BPDLP). The independent inspector for the Cool Road Development Order [CRDO] stated that "although it is 19 years old, the BPDLP proposals should still have some weight. This is because the BPDLP is an adopted local plan, tested at local inquiry in 1989 and accepted by Tynwald. The CRDO site lies within the BPDLP area. On this plan the CRDO site is shown as Open Space (Agriculture) on the Proposals Map. However Policy 13.3 states that "The rural areas of Braddan Parish District will be designated as being of high landscape value...". The precise meaning of this proposal remains unclear – it is not explained whether this designation should have the same value as an Area of High Landscape Value and Scenic Significance as defined in the 1982 Development Plan. Because of its age and the significant change in economic circumstances since 1991 this plan has little relevance in relation to employment or economic matters. As for the high landscape value designation, this should still have relevance and be given weight."

1. This application is proposing to change the use of the existing farmhouse and create a car park adjacent to the farmhouse and within part of an adjoining field. Based on the inspector's comments in respect of the BPDLP, it follows that this proposal is in conflict with the 1991 BPDLP.

1. The only relevant up-to-date part of the development plan is the Isle of Man Strategic Plan 2007. In this plan the most relevant policies are GP3 and EP1

1. In respect of GP3, the policy opposes development outside areas zoned for development on Area Plans. The site is "outside of those areas zoned for development". The application proposal therefore conflicts with the general thrust of GP3 unless it can be shown to be a reasonable exception. The exception is criterion (g) of GP3. This says that exceptions to this policy include "development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative". The proposal does not meet this exception. There is clear conflict with GP3(g). The reasons that the proposal does not meet this exception are addressed below where overriding national need and alternative sites are examined.

1. In terms of EP1, this policy adopts a similar approach to the GP3 presumption against development. This time the emphasis is on development of land in the countryside which is opposed unless there is an overriding national need and there are no reasonable alternatives. This is essentially the same test as GP3.

1. "Overriding national need" is not defined in the Strategic Plan. However, the applicants have provided a rationale for creating additional car parking. They have stated that "Continued use of the existing car park by customers is not viable. Not only do customers have to cross a road to enter the Garden Centre but also the present car park does not cater for the demand at peak times. Increasing staff numbers (currently 20) and the extra business Eden Park is hoping to generate both

mean that the original car park is undersized. Eden Park is a well established and growing business with future expansion identified in the original application. Specifically the car park no longer copes with peak times in busy periods, i.e. Christmas, Easter and bank holidays and presents challenges to maintaining the Health and Safety of pedestrians. It has been observed at busiest periods, there have been as many as 15 cars parked outside of the existing designated car park area. The additional spaces provided in the new car park coupled with the ability to use the existing car park as overflow parking, should help ease these peak demands without over provision.

The location of the existing customer car park is currently on the opposite side of the service road to the Garden Centre. This arrangement is not satisfactory as it necessitates customers, including disabled and elderly, to cross the site access road to reach the Garden Centre building. Relocating the car park to the same side of the road as the buildings will provide a much safer arrangement with direct access for pedestrians. The Highways Division have expressed their support for these works due to safety improvements."

1. This explanation does not demonstrate there is an overriding national need for the proposed development. It is considered the development is contrary to GP3 and EP1 of the Isle of Man Strategic Plan 2007.

1. The second part of GP3 (g) is whether there is no reasonable and acceptable alternative. The proposed car park is to serve the needs of the adjacent Garden Centre and cannot be located on another site located further away from the Garden Centre. It is considered the proposed car park is locational dependent on the existing Garden Centre. Therefore, it is considered the proposal only partially meets the exception of GP3 (g), as there are no reasonable and acceptable alternative sites to locate the proposed customer car park.

1. In respect of the visual impact of the proposed car park, due to hedging and trees along the roadside frontage of Cooil Road, the site is very well screened from Cooil Road. These features are proposed to be retained. The proposed car park would not be readily visible from the public highway of Cooil Road. The proposal would still retain that rural feel of the locality. It is considered the proposal would not adversely affect the visual amenities of the locality.

1. In respect of the extension of the service road, the applicant has indicated that "goods vehicles have to drive off the end of the existing concrete service road to be able to manoeuvre sufficiently to access the Service yard, which is particularly difficult during wet months when the ground is muddy. Extension of this service road to line through with the perimeter of the service yard will allow manoeuvres to be carried out safely. It is also noted that a previous planning approval 03/00344/B indicated that the service road would be extended beyond the boundary of the site and therefore the works now proposed can be viewed as works already approved."

1. The proposed extension is a relatively small incursion into the countryside. The proposal will provide a turning head for the existing access to the service yard. The proposal would have very little impact on the visual amenities of the locality.

1. In respect of the change of use of the existing farmhouse, the building is currently vacant and is currently protected under a Building Preservation Notice. The relevant

policy for consideration is Business Policy 7 of the Isle of Man Strategic Plan 2007. The policy deals with new office space, which could include applications involving a change of use of existing buildings into office uses and not just new build developments. Paragraph 9.3.3 of the Strategic Plan states that "The Department has supported the location of offices in town and villages centres for several reasons: (a) such centres are accessible to all members of the community, staff and alike; (b) the activity and range of services contribute to the vitality and success of the centres; and (c) the investment in property can be used to renew the ageing fabric of our town centre buildings.

1. Business Policy 7 requires new office space to be located on land which is zoned for the purpose in the appropriate area plan. The relevant area plan in this instance is the BPDLP, which zones the site as open space. The proposed use is more ideally suited to a town centre location or areas zoned for office use and not within an area zoned for open space. However, the policy does allow exceptions to where office space can be provided outside town and village centres. These include areas approved as business parks or buildings of acknowledged architectural or historic interest where office use represents the only or most appropriate practicable and economic way of securing its future use. The building is of architectural and historic interest. This is supported by the fact the Department has served a Building Preservation Notice in view of investigating the worthiness of placing the building on the Protected Buildings Register. Therefore this exception to the policy can be applied to allow the proposed use to occur from the building. Furthermore, the proposal will help to secure the use of the building in the long term.

Highway Issues

1. The Highways Division have commented on the application. They have indicated:

"Having reviewed the application I would not oppose the application on traffic management or highway safety grounds subject to the new public car park entrance being widen from 5m to a least 6m, the same as the entrances to the existing customer car park, as I believe that 5m would be too narrow to efficiently accommodate 2 way peak flows in to and out of the car park. The new entrance is 24m from Cooil Rd this could result for example that even a short queue of 4/5 vehicles waiting to exit the site could, with the 5th vehicle waiting in the narrow car park entrance could cause a similar queue to form of vehicles wishing to enter the site, here though the 5th vehicle would be waiting on Cooil Rd with obvious traffic management and safety issues."

The applicant has amended their proposal to increase the car park entrance from 5m to 6m. The Highways Division have indicated that they are happy with the revised entrance to the customer car park as shown in drawing number 012/B. It is considered the plans submitted have overcome the concerns of the Highways Division.

1. The customer car park would be located on the same side of the access road as the Garden Centre. The Highways Division in an earlier application considered the proposal would provide an improvement in safety for pedestrians.

1. In summary, it is acknowledged the proposal would be contrary to the Isle of Man Strategic Plan and the adopted Braddan Parish District Local Plan; however, due to the benefits the proposal would represent in bringing a temporary registered building back into use, increased pedestrian safety, the very limited impact it would have on the visual amenities of the locality, and there are no reasonable and acceptable alternatives for the location of the customer car park, it is considered the proposal would be acceptable in this particular case.

Recommendation

1. It is recommended that the Council of Ministers grant planning permission subject to conditions in the attached schedule.

Schedule of Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This permission relates to the creation of a car park, access improvements and a change of use of the existing farm cottage to offices as shown in drawing numbers 010 Rev A, 013, 014 and 03 Rev A date stamped 12th December 2012 and drawing numbers 011 Rev B and 012 Rev B date stamped 17th February 2012.

1. No development or other operations shall be commenced on this site until adequate steps, which shall have been previously approved in writing by the planning authority, have taken to safeguard against damage or injury during construction works all trees on the site, or those trees whose root structure may extend within the site. In particular no excavations, site works, trenches or channels shall be cut or pipes or services laid or any other works carried out in such a way as to cause damage or injury to the trees by interference with their root structure and no soil or waste shall be deposited on the land in such a position as to be likely to cause damage or injury to the trees.

1. The building called "Ballapaddag Farm" until the car parking and manoeuvring area associated with building have been provided in accordance with the approved plans, and those areas shall thereafter be kept available at all times for their respective purposes.

1. The building called "Ballapaddag Farm" shall only be used as offices (Class 4, Schedule 4 of the Town and Country Planning (Permitted Development) Order 2005.

1. All planting shown in the approved plans shall be carried out in the first planting and seeding seasons following the completion of the car park. Any tree or shrub which within 5 years from completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species, unless the Planning Authority gives written consent to any variation.

This statement has been prepared by Mr Ian Brooks BA(Hons) DipTP MRTPI on behalf of the Planning Authority.

Sign. _________________ Date. 23/2/2012