DEC Officer Report

Application No.: 19/00118/C Applicant: The Shred House Ltd Proposal: Change of use from industrial to indoor skate park Site Address: Unit 3 Clucas Estate Carrs Road Tromode Douglas Isle Of Man IM4 4QB Planning Officer: Mr Nick Salt Photo Taken: 22.02.2019 Site Visit: 22.02.2019 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 22.03.2019 _________________________________________________________________

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. The skate park shall accommodate no more than 20 customers at any one time.

Reason: In the interests of limiting demand on parking and access to the site for highway safety reasons in accordance with General Policy 2.

N 1. It is recommended that the applicant follows Manx Utilities Authority advice in installing a pressure level sensor in the watercourse to assist with decision making and evacuation plans.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 6th February 2019:

• o Location Plan
• o Existing floor plan
• o Proposed floor plan And 7th March 2019:

• o Flood Emergency Plan
• o Flood Risk Assessment _______________________________________________________________

Interested Person Status – Additional Persons

It is recommended that Manx Utilities Authority should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

As they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE PLANNING COMMITTEE AS IT IS A DEPARTURE FROM THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.

1.0 THE SITE - 1.1 The application site is Unit 3 Clucas Estate in Tromode, a large industrial unit towards the southern end of the estate. The estate itself is a narrow group of industrial units of varying sizes which follows the contour of the River Glass, there is a single access point from Johnny Watterson's Lane. The site lies within a flood risk area. - 1.2 Unit 3 consists of 4 pitched roof sections adjoined, directly adjacent to Carr's lane. The site curtilage contains 14 car parking spaces to the north of the building. The unit itself in terms of floor space measures 22mx18m. The height of the elevations is slightly under 3.7m with the ridge level at 5.4m approx.

2.0 THE PROPOSAL - 2.1 The proposal is the change of use of the industrial unit for use as an indoor skate park facility. The park would facilitate numerous ramps for BMX, skateboarding etc., host annual competitions and events. Opening hours are proposed as 4pm to 9pm Tuesday - Friday, 10am to 9PM Saturday and 10am - 4pm Sunday. School and bank holidays are proposed as longer opening days - times have not been specified. The applicant estimates that a maximum of 20 customers would use the site at a time, and the park will operate on a membership basis similar to a gym. It is the consideration of the company that 2-3 part time staff would be employed.

- 3.0 PLANNING POLICY

3.1 The application site is designated as 'Light Industrial Use' under the Onchan Local Plan 2000 map No.2. The application site is not within a Conservation Area. - 3.2 The following polices of the Strategic Plan (2017) are considered relevant:

• 3.2.1 General Policy 2 states (in part): "Development which is in accordance with the landuse zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways."

• 3.2.2 Environmental Policy 13 relates to flooding and states that where development would result in unacceptable risk of flooding, it will not be permitted.
• 3.2.3 Business Policy 5 is relevant given the location of the proposal within an Industrial Estate: "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 viability of the appropriate town centre shopping area."

• 3.2.4 Transport Policy 7 refers to parking: "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."

3.3 The Isle of Man Strategy for Sport 2014-2024 is also considered as a secondary document. Objectives in that strategy include increasing the level of physical activity in young people.

- 4.0 PLANNING HISTORY

4.1 There is no planning history for this site which is deemed materially relevant to this application. - 5.0 REPRESENTATIONS

5.1 Manx Utilities have commented with regard to flood risk. Initially, a representation was made on 28.02.19 requesting that a Flood Risk Assessment be submitted by the applicant as the site is within a floor risk zone and was inundated on 3rd December 2015. The applicant then sent a Flood Risk Assessment and Emergency Plan to MUA who reviewed these documents and stated that it is "recommended that the applicant install a pressure level sensor in the watercourse to assist with decision making and evacuation plans." (08.03.19). - 6.0 ASSESSMENT

6.1 There are a number of key issues to consider in the assessment of this change of use application. As it is for a change of use, the impact of the building itself is not assessed. Key considerations are:

• o The principle of the use of an industrial unit as a leisure facility
• o The parking/access situation
• o Impact on highway safety
• o Flood risk

6.2 The principle of the use of an industrial unit as a leisure facility

• 6.2.1 The site is designated as being within an area zoned for industrial use - this therefore carries the presumption against all other development or uses which are not industrial. The proposed change of use would result in an industrial building not being utilised for such

• purposes. The recently published Government report into employment land concluded that there was a shortage of such land - this includes the application site.
• 6.2.2 With that being said, the applicant and their estate agent have made clear that there is a low demand for this specific unit. The site owners, Clucas Plc are in full support of the proposed use as a skate park. The unit has been vacant for approximately 2 years, and a long term tenant has been difficult to acquire. The reasons for this are not exact but the limited roof height of the unit may be part of the reason why it appears to be unattractive to industrial users.
• 6.2.3 The applicant has also attempted to locate a site with adequate floor space to install ramps and runs for the bikes and skateboards, within a location that is easily accessed from Douglas, and has adequate parking of over 10 spaces. Large buildings available for leisure or recreation use such as this are in short supply on the Island. This unit would meet those requirements.

• 6.2.3 It is therefore considered that on principle, whilst industrial use is preferred in this unit given its designation, the use in this instance as a skate park is considered an appropriate exception due to the nature of the proposal and the lack of uptake of the unit for industrial purposes.

6.3 The parking/access situation and impact on highway safety

• 6.3.1 The Strategic Plan requires that in the case of assembly and leisure developments one space per fifteen square metres of gross floor space is required. The building provides 396 sq m of floor area which would result in a requirement for 27 parking spaces. The applicant has stated that at most, 20 customers would be on site at a time and there would be 2/3 part time staff working at the premises. It is unlikely that all customers will park separately on the site, it is more probable that some will car share or be dropped off by parents. The large floor space also accounts for the need for long runs and ramps for the specific use proposed. The 14 provided parking spaces are likely to be adequate for both customers and staff, however should this level be exceeded it is noted that additional overflow parking (5 spaces) has been offered adjacent to this site on the industrial estate. During evening hours, overall parking demand in the area would not be high. The level of parking spaces available with this unit exceeds what is typical in industrial estates such as this.

• 6.3.2 Access to the estate is via a single entry/exit point from Johnny Watterson's Lane, Carr's Lane itself is a relatively narrow dual track concrete road winding through the estate. It is not ideal for a high volume of traffic, although it is accepted that vans and HGVs regularly use the road. There would be an increase in traffic likely as a result of customers accessing the skate park - particularly during peak evening times, potentially coinciding with vehicles leaving the other units at the end of the working day (4-6pm weekdays). As the heaviest use would occur during weekday evenings and weekends, the use would not adversely impact the use of the industrial estate for other users by an unacceptable degree.
• 6.3.3 Access onto Carr's Lane to and from the car park would be acceptable as the parking area connects to the road via clear wide entrances - there would be no increased highway safety risk from this perspective. No alterations are proposed to the existing car parking space which has previously served this unit.
• 6.4 Flood risk

• 6.4.1 The site lies within an area at high risk of flooding from the adjacent River Glass. However, as the building is already in place, and there is a large amount of hard surfacing in the area, the risk of flooding would not be amplified by the change of use.

• 6.4.2 Flood risk mitigation measures should however be undertaken by the applicant. MUA Flooding have commented on the proposal and examined the Flood Risk Assessment submitted by the applicant, and recommend that a pressure level sensor is installed in the River Glass to assist with decision making and evacuation plans. The applicant is recommended to follow this advice, however, as the river is not within the control of the site subject to this application, this cannot be enforced via a planning condition.
• 6.4.3 Having taken into account the FRA and the likelihood of flooding, this is a risk which should be acknowledged by the applicant however it is not regarded as a reason for refusal as the flooding risk would not be amplified by the change of use.

- 7.0 CONCLUSION

7.1 Whilst the proposed change of use does not comply with the land use designation, and traffic levels in the industrial estate would increase, it is considered that the provision of a safe and off-street skating facility for children and young adults would be a favourable exception. On balance, the proposed change of use is acceptable and is recommended for approval. As the opening hours may change based on bank and public holidays and school holidays, it is not considered that any condition in relation to hours of opening would be helpful or enforceable. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), 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. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

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: 01.04.2019 Signed : N SALT 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

Customer note

This copy of the officer report reflects the content of the file copy andhas been produced in this form for the benefit of our online services/customers and archive records.

Planning Committee Decision 01.04.2019

Application No. : 19/00118/C Applicant : The Shred House Ltd Proposal : Change of use from industrial to indoor skate park Site Address : Unit 3

Clucas Estate Carrs Road Tromode Douglas Isle Of Man IM4 4QB Planning Officer : Mr Nick Salt Presenting Officer As above Addendum to the Officer’s Report The Planning Committee approved the application on 01.04.19 subject to the following note to be attached to the approval:

N1. It is recommended that the applicant follows Manx Utilities Authority advice in installing a pressure level sensor in the watercourse to assist with decision making and evacuation plans.

Conditions of Approval

• 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. The skate park shall accommodate no more than 20 customers at any one time.

Reason: In the interests of limiting demand on parking and access to the site for highway safety reasons in accordance with General Policy 2.

N 1. It is recommended that the applicant follows Manx Utilities Authority advice in installing a pressure level sensor in the watercourse to assist with decision making and evacuation plans.

Plans/Drawings/Information

This decision relates to the following plans and drawings, date stamped received on 6th February 2019:

• o Location Plan
• o Existing floor plan
• o Proposed floor plan And 7th March 2019:
• o Flood Emergency Plan
• o Flood Risk Assessment