Officer Report

Application No.: 17/00230/B Applicant: Jacksons (Isle of Man) 2015 Ltd Proposal: Development of a multi franchise car dealership consisting of two showrooms, after sales building incorporating a valeting suite with associated roads, drainage and landscaping and alterations to highway including creation of a roundabout Site Address: Field 522159 and Part Field's 522161 & 522162 Located South West of Cooil Road Braddan Isle of Man Case Officer : Miss S E Corlett Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE

THE SITE

1.1 The site is a developing site located on the south western side of Cooil Road (A24). The site has approval which relates to a larger and slightly differently defined area for the development of a car sales, after-sales and valeting facility under 15/01186/B which was approved by the Planning Committee and confirmed on appeal in following a positive recommendation by an independent inspector. The site of that application did not include any land to the south whereas a portion of the field to the south, across the access lane, is now included in which it is proposed to install drainage which obviates the need for a long stretch of pipework from the site to Middle River. - 1.2 The development is underway with the protection of the trees implemented and works undergoing to modify the levels on the site, although the conditions of approval required that no development other than the protection of the trees should take place until the access had been implemented in accordance with the approved drawings. The smaller sales building has been constructed to frame stage. Access to the site has been indirect, through Eden Park and the industrial units behind and behind the Robinsons packing and packaging facility into the site. THE PROPOSAL

2.1 This application seeks permission for the same development, with the same means of access, the same number of buildings and position thereof but with a number of amendments to this layout:

• 1) reduction in height of the north western end of the main showroom
• 2) omission of the water feature at the rear of the main showroom
• 3) reduction of office space in the main showroom
• 4) removal of some planting along the row of car parking (but retention of that at the ends)
• 5) increase in the amount of lower ground accommodation in the main showroom
• 6) reduction in size of the aftersales building by 6m and 2m lower
• 7) omission of the separate wet valet facility and incorporation of the wet valeting within the aftersales building
• 8) change in landscaping on the entrance corner of the site
• 9) raising of ground levels around showroom 2 and

• 10) provision of drainage facility in the adjacent field in lieu of new drainage pipework from the site to the Middle River.

2.2 The changes in level will not result in a significant increase in the level and height of the second showroom (perhaps 1m) but will avoid stepping within the site to bring this up to the level of the aftersales building and make the building more in line with the access road and to keep the levels around the lane side where the trees are. The level changes seek to make the site generally more level where there is built development. PLANNING POLICY

3.1 The site is in an area not designated for development on the 1991 Braddan Parish Plan. The site is one which is being considered for development in the Eastern Area Plan which is currently at the Preliminary Publicity stage with a draft development plan to be published before April, 2018. - 3.2 Planning approval has been granted in full to the development of the site for a vehicle sales facility with associated facilities, access and landscaping under 15/01186/B. As such, the use and general form of development has been approved and is a significant material consideration in this case. REPRESENTATIONS

4.1 Braddan Parish Commissioners indicate that they have no objection to the application (23.03.17). - 4.2 Highway Services are currently considering the application (28.03.17). ASSESSMENT

5.1 The issues in this case are whether any of the changes proposed result in a development which would materially change the nature of what was approved under 15/01186/B and whether any would result in any adverse environmental or other impact. - 5.2 It is relevant that the changes to the buildings make them smaller and lower than approved and as such these changes cannot be considered to have any adverse impact. - 5.3 Whilst the changes in levels will make the showroom 2 slightly higher, given the position of this showroom behind and lower than the principal showroom at the front of the site, this will not make showroom 2 any more discernible from a public perspective. - 5.4 The revised proposed drainage takes advantage of an existing surface water sewer and results in less excavation to agricultural fields and is a more sensible approach to the servicing of the development without adversely affecting the adjacent field or the trees or root protection areas of those trees alongside.

PARTY STATUS 6.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word

'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order. Recommendation Recommended Decision: Permitted Date of Recommendation: 12.04.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) the site shall not be used other than as a car dealers and for no other purpose in Class 1 of Schedule 4 of the Order. For the avoidance of doubt, no retail sales shall be made from the site, other than the sale of motor vehicles and ancillary goods associated with motor vehicles.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use approved and any alternative use within the same Use Class will require further consideration.

• C 3. No site works or clearance shall be commenced until the tree protection measures shown in drawing 03 Rev F have been implemented in full. Thereafter, and for the duration of the building works hereby permitted, the protective fencing shall not be removed. The protected areas must not be used for storage or vehicle parking; and no building or excavation shall be undertaken within them. Reason: To protect the trees to be retained, which are of amenity and nature conservation value.
• C 4. Following the protection of the trees, no other work may be undertaken on site prior to the creation of the access into the site and the highway improvements as shown in drawings M1085.A.01.03PA Rev A and M1085.A.01.04.PA Rev A approved under 15/01186/B. Reason: In the interests of highway safety.
• C 5. No artificial illumination shall be provided until such time as a detailed scheme for the proposed lighting affecting Tree 170 has been submitted to and approved in writing by the Department. The detailed scheme must demonstrate that that the proposed lighting will not adversely affect any nesting owls or bats in the vicinity of this tree. Thereafter lighting shall be implemented in accordance with the approved scheme. Reason: In the interests of the Wildlife Act and Environment Policy 4 of the Strategic Plan.
• C 6. All planting, seeding or turfing comprised in the approved details of landscaping, including the planting along the south western boundary as approved under 15/01186/B, must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of

five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

REASON: the landscaping of the site is an integral part of the scheme and must be implemented as approved.

This approval relates to the following drawings:

M1085-A-SR1-204D M1085-A-SR1-209A M1085-A-SR1-501D

- M1085-A-SR1-502C

- M1085-A-SR1-503D

- M1085-A-SR1-511 - M1085-A-SR2-203A

- M1085-A-SR2-204D

• M1085-A-SR2-501F M1085-A-AFS-201H M1085-A-AFS-203G M1085-A-AFS-204D M1085-A-AFS-501D M1085.A.01.02.PA A M1085.A.01.05.PA C

• M1085.A.SID.01.01 F
• M1085.A.SID.01.02 G 01B 01 I
• 03 F
• 04 E 10 D received on 27th March, 2017 M150 and TS01 all received on 27th February, 2017 unless otherwise indicated.

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: 24.04.2017

Signed : J Chance Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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