87/04522/BApproved1987
28 December 2017 · Delegated
N F U Mutual Insurance Society Ltd, Agriculture House, Ballafletcher Farm, Ballafletcher Road, Cronkbourne, Douglas, Isle Of Man, IM4 4ql
This application sought permission to change part of the upper floor of Ballafletcher House, Cronkbourne, from office and meeting room use to food retail and the preparation of food products for sale on the premises. The application was made by the Isle of Man Fat Stock Marketing Association Limited. The Department of Environment, Food and Agriculture refused the application on 28 December 2017. Three reasons were given: the proposal introduced a significant retail element at an out-of-town location contrary to local plan policy; the applicant did not provide sufficient evidence that the goods could not reasonably be sold from a town centre location, or that the proposal would not undermine town centre shopping areas; and the scheme reduced the existing parking provision while appearing to rely on roadside parking, which was not considered adequate. The officer recommendation was also to refuse, and the decision was made on a delegated basis. The site has a substantial planning history with eight previous applications recorded.
The application was refused on three grounds. First, the proposal introduced a significant retail element in a location contrary to local plan policy. Second, the applicant failed to demonstrate that the out-of-town retail use was justified or that it would not harm the vitality of town centre shopping areas. Third, the proposal reduced the existing level of parking provision and relied on roadside parking, which was considered insufficient.
Refusal Reasons
Braddan Local Plan Policy 2.5
No development or retail use, nor conversion of existing buildings to retail use, will be permitted in existing or future industrial areas
on increases. As part of a long -term sustainable approach to designing resilient urban space, Douglas and Laxey especially will have to plan carefully for increasing dramatic weather events. 6.2.5 While the urban environments of the East have their share of problems to be addressed, they also accommodate opportunities: a dvances in transport technology, especially electric vehicles, will have an impact on the streetscape as charging points become a requisite. This must be accommodated alongsid e the infrastructure required for the roll out of 5G communication technologies. The development of Douglas harbour into a deep berth has the potential to broaden our tourism offer significantly with impacts on the infrastructure of the Capital and the East more widely. Higher tourist numbers would help to support a distinctive local offer within core retail areas and contribute to dynamic and vibrant town centres. Opportunities are also recognised in the form of the identification of Comprehensive Treatment Areas (see Map 5 and 6 and Chapter 13). Area Plan Objectives i. To allocate land as both general allocations and Strategic Reserves to ensure sufficient development opportunities for the lifetime of the Plan to support a diverse and growing economy. ii. To ensure that in the East's urban spaces, people come first and adequate space is provided for active and healthy lifestyles, attractive design and high quality living. iii. To create an urban environment that is more responsive to changes in new and emerging working, living and retail patterns. iv. To identify and celebrate the historic urban environment so that it retains an active and productive role in contemporary life. Area Plan Desired Outcomes i. New development will be of a scale and density which makes efficient use of the land available. ii. There will be a general uplift in the quality of design for new build schemes, conversions and extensions in the East which will respond sensitively to and enhance their local context. iii. New buildings will be situated and designed so as to maximise their energy efficiency and reduce the need for energy consumption. iv. An intelligently-designed, well connected public realm will ensure usable, safe and attractive spaces that people want to spend time in and move through. v. There will be greater recognition of the contribution the East's historic value to the local and visitor economy and to the quality of life on the Island. vi. The long term future of valuable heritage assets will be assured by creative reuse. Ensuring the efficient use of land and buildings The density of development should be in keeping with the character of the local area. Higher densities will be more appropriate in the central areas of Douglas, Onchan, Laxey and Union Mills. Much of Douglas' celebrated seafront contains four and five storey hotels and apartment blocks which provide a distinctive visual image of the Capital and a highly practical form of space conscious living for a modern town. Lower densities may be considered more acceptable in instances where there are site specific constraints, a need to provide additional levels of infrastructure or where the current character or appearance of the area necessitates a development of a lower density. The subdivision of buildings for residential use can provide an appropriate source of housing and can lead to the more efficient use of existing buildings. Subject to other Strategic Policies, as well as the Proposals in this Plan, particularly in relation to amenity and the design of any alterations to allow the subdivision, such proposals will be supported. In recent years, the Douglas town centre in particular has lost some of its population. The town effectively empties after the working day. Historically, people lived above the wo rk spaces of shops, offices and workshops in Douglas creating a vibrancy that is perhaps lacking today. This Plan encourages the reintroduction of people living in the mostly vacant floors above the town's shops and offices12. More people living in the town will, it is hoped, create a more vibrant environment which will have a positive impact upon the day time and particularly, the night time economy within the town and will also enable us to respond to changes in new and emerging working patterns. Urban Environment Recommendation 1 For Government owned land in the East which is vacant or underused, it is recommended that Departments work together to clarify issues including direction, preferred uses, funding mechanisms, timing, the role of the private sector and connectivity to other uses and sites , in line with the Vision set out in this Plan. The achievement of cooperation and skills development will assist in the process of optimising the potential of all vacant and underused sites. Regard should be had to the recommendations contained within the Report of the Select Committee of Tynwald on the Development of Unoccupied Urban Sites 2017-2018 and sub
Strategic Plan (2016)
Business Policy 5: On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either: (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viabil ity of the appropriate town centre shopping area. 9.2.7 Where industrial development is proposed, it is essential that all parking and manoeuvring by vehicles which will be generated by the use of the site can be accommodated within the site and off the highway. This is particularly important within industrial estates where lack of parking and manoeuvring space can create significant difficulties for other estate users, particularly where the use of large and articulated vehicles is involved. Where mezzani ne levels are proposed after a building has been completed, the Department may require more parking space to accommodate the additional traffic which would be generated. The standards of parking provision which will be required are set out in Appendix 7. 9.2.8 Local requirements for industrial development of a particular sort will be identified during the preparation of Area Plans. The Department is aware that, within some parts of the Island, there is a demand for small "starter units".
Strategic Plan (2016)
Strategic Plan (2016)
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
Strategic Plan (2016)
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.
Strategic Plan (2016)
Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.