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Application No.: 19/00277/C Applicant: Against The Grain Limited Proposal: Change of use of unit 1A for the preparation, storage and distribution of food (classes 5 and 6) and retail (class 1) Site Address: Unit 1A Gladstone Park Industrial Estate Ramsey Isle Of Man IM8 2LA Photo Taken: 03.04.2019 Site Visit: 03.04.2019 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 19.08.2019
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
It is recommended that the following persons 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):
Ramsey Chamber Of Commerce, JACS Stores, 37 Parliament Street, Ramsey as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; 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 do not refer to the relevant issues in accordance with paragraph 2C of the Policy.
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL IS CONTRARY TO THE LAND USE DESIGNATION
1.0 SITE - 1.1 The application site forms the curtilage of Unit 1A within the Gladstone Park Industrial Estate in Ramsey. The site is located on the northern side of Gladstone Avenue and east of Ramsey Town Centre.
2.0 PROPOSAL - 2.1 The application seeks approval for a change of use of unit 1A for the preparation, storage and distribution of food (classes 5 and 6) and retail (class 1). - 2.2 The applicants "Against The Grain Limited" (Trade as "Top Banana") state that their company specialises; "…in free-from foods, generally healthier options and specific dietary requirements, and zero waste shopping along with environmentally-friendly items. The company also provides a 'meals on wheels' service which they took over following the closure of Jack Frost from the Government. We cater for wholesale, food service, bulk and retail." - 2.3 They indicate that at the site they would be supplying wholesale, bulk, retail and delivery services including the 'meals on wheels' service. They currently operate from a retail unit along Ballaughton Lane in Douglas. They also have a warehouse building for large bulk sales. It is currently proposed to keep both these units should the application be approved. - 2.4 The site would be used for the manufacture of locally made meals for the 'meals on wheels' service, which currently requires the meals to be prepared off island. - 2.5 The hours of operation of the unit would be 0800hrs to 1900hrs Monday to Saturday and 1000hrs to 1700hrs on Sundays. - 2.6 Staff numbers are proposed to be 3 to 4 full time (plus part-time weekend staff if required during busier times of the year).
3.1 The site has been designated under the Ramsey Local Plan Order 1998 as being within an area of "Light Industrial" use; the site is not within a Conservation Area. - 3.2 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application: - 3.3 General Policy 2 states: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
3.4 Business Policy 5 states: 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:
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.
4.1 The following previous planning application is considered relevant in the assessment and determination of this application: - 4.2 Change of use of existing commercial unit to a tyre and exhaust centre - 04/02478/C APPROVED
5.1 The Ramsey Commissioners initially raised an objection (23.04.2019) on the grounds that the site is designated as industrial located away from the main shopping area and therefore the proposal is considered contrary to Business Policy 5 (a) and (b). Following this objection the applicant amended the internal layout of the proposed retail area and increasing the size of the kitchen. Following this the Commissioners (17.05.2019) commented they had no objection to the retail (Class 1) but do object to the retail (Class 3) for the same reason indicated previously i.e. contrary to BP 5.
5.2 Ramsey Chamber Of Commerce based at JACS Stores, 37 Parliament Street, Ramsey object to the application (23.04.2019) on the following summarised grounds: area zoned for industrial only; allowing use of a retail/serving food & drink all falls outside the industrial zoned area; would have a negative effect on both local and visitors to the town; an example is the development within the IOM Business Park which has a massive negative effect towards the Town Centre of Douglas by allowing out of town centre retail units and eateries establish the services within the Town Centre have been negatively affected; and approval of this application would set a precedent. No comments were received following the application being amended.
6.1 Material Planning matters which need to be considered regarding this application include:-
6.2 The site is zoned within the Ramsey Local Plan as being an area zoned for "Light Industrial" use. The application form and site description indicates that the unit's current use is "Retail". The planning history is limited, with a single application be made and approved for a change of use in 2004 for "change of use of existing commercial unit to a tyre and exhaust centre". It is not known if this use was taken up and to what extent the previous "commercial unit" operated as. It is noted that on Google Street View (2010) there was a sign to the eastern gable end wall of the unit which stated "Ellan Vannin Autos". However, it is not known whether this business operated from the application site. - 6.3 In terms of the preparation, storage and distribution of food (classes 5 and 6), the application raise no concerns, and fits with the light industrial use i.e. making an item and distributing it throughout the Island. - 6.4 The aspect that could raise concern and be considered contrary to the land use designation is the retail element. To understand the applicant's business more, an Officer from the Department visited their existing retail unit at Ballaughton Lane in Douglas (Top Banana). This unit is open to members of the public, schools and business etc, either to buy individual items or in more bulk. The food items are made up of in free-from foods, generally healthier options and specific dietary requirements. The unit is also made up of a large number of dispensers to enable people to purchase a number of different items; including washing liquids/cleaning products where the customer bring their old bottles to re-use and restock and also large amount of food stuffs. This aspect of the business is a "zero waste" shopping experience, where customers can re-use their existing containers etc. - 6.5 As mention, this aspect of the business can be individual purchases or a number of items, where the amount bought are more of a bulk purchase (similar scale to visiting a supermarket/local food shop). The applicants explained that for their very large bulk orders to businesses, this would go direct from their existing main warehouse. However, this current proposal would fit somewhere in between the smaller bulk purchases and the individual items. For this reason it is considered the retail element to this proposal is also considered acceptable, namely as person/s would not necessary wish to carry larger purchases (some quite heavy (washing liquid etc) along the high street to their car and this proposal with parking immediately to the front of the unit would provide such provision. Further, retail element and the preparation, storage and distribution of food are considered to be associated with each other. A condition should be attached which restricts the retail element to the applicant's business only and used by no other person/business, without first gaining planning approval. Parking provisions / access arrangements - 6.6 Under the Isle of Man Strategic Plan - Parking Standards (appendix 7), 1 space per 30 square metres gross floor space is required for light industrial and 1 space per 100 square metres gross floor space for storage and distribution. There are no standards for retail units. - 6.7 The unit has 10 parking spaces associated with it, and while it is difficult to precisely calculate the number of parking spaces given the mixture of uses, it is considered even taking the higher of the standards (light industrial) the proposal would meet the requirements (i.e. 290sqm / 30 = 9.6 spaces). Further, visiting the similar business at Ballaughton Lane in Douglas, it was noted that there was a steady stream of customers, albeit the car park was not full (similar size) and spaces were available. Accordingly, for these reasons it is considered that the proposal would be acceptable from a parking perspective. Impact upon the amenities of the neighbouring properties.
6.8 The site is directly north of the residential properties along Gladstone Avenue and therefore issues of noise/smells need consideration. However, given the site is designated for light industrial purposes and the use would comply with this; and given the distance between the site and residential properties; it is consider the proposal would not have any significant impacts to warrant a refusal.
7.1 The application is recommended is for an approval. - 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:
8.2 The decision maker must determine:
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 : Refused Committee Meeting Date: 27.08.2019
Signed : C BALMER 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
Application No. : 19/00277/C Applicant : Against The Grain Limited Proposal : Change of use of unit 1A for the preparation, storage and distribution of food (classes 5 and 6) and retail (class 1) Site Address : Unit 1A Gladstone Park Industrial Estate Ramsey Isle Of Man IM8 2LA Principal Planner Mr Chris Balmer Reporting Officer As above Addendum to the Officer’s Report At the meeting held on the 27th August 2019, the case officer amended his recommended condition 2.
The Planning Committee considered the application and disagreed with the recommendation to approve the application and consequently refused the application for the following reason:
R 1 It has not been demonstrated that the retail use would be ancillary to the preparation, storage and distribution of food or that the proposal would not be contrary to Business Policy 5.
R 1. It has not been demonstrated that the retail use would be ancillary to the preparation, storage and distribution of food or that the proposal would not be contrary to Business Policy 5.
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