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Case Officer: Miss S E Corlett Photo Taken: Site Visit: Expected Decision Level : Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSED USE IS NOT IN COMPLIANCE WITH THE LAND USE DESIGNATION ON THE LOCAL PLAN
1.1 The site is part of a slightly wider area which is owned or controlled by the applicant and which lies on the western side of Peel Road (A1). The site is that of the former Publishing House operated by Isle of Man Newspapers. The site accommodates a large relatively new building, built under PA 91/00666/B which accommodates a front section with four floors of offices and a reception and a lower warehouse unit at the rear. The site has car parking at the front with a goods entrance at the northern side. The building sits close to the rear boundary which abuts the former railway line from Douglas to Peel and which accommodates a number of self-seeded and now substantial trees which screen the building from Pulrose Bridge. To the west of this is the car park associated with the Bowl/King George V Recreation ground - now a pay and display car park operated by the Borough of Douglas.
2.1 Proposed is the conversion of the ground floor of the building from a print warehouse and offices to offices, a facility for the storage distribution and sale of alcohol and a cafe. Physical changes to the building are proposed in the form of an elevated terrace to serve the proposed cafe which will sit behind it. The cafe will accommodate 266 sq m of floor area in total excluding toilet facilities. The terrace will sit upon a steel and timber elevated deck which will sit between 2m and 1.5m above ground level at this point. This area is 95 sq m in area (10m by 9.5m) and will be enclosed by a glass balustrade which is 1.05m high from the terrace level.
2.2 The wine warehouse will occupy an area of 709 sq m at the rear of the building. The layout illustrates that there will be various shelves and areas of display, trolley storage and a counter sales area. Access would be to the north of the main entrance with a dedicated customer entrance.
2.3 There would be an office area of approximately 64 sq m and in front of this a reception area of around the same size. Stairs to the upper floors are in the centre of the core of the building, the reception area and the cafe which lead to the office accommodation on the first floor (416 sq m nett) and second floor (240 sq m nett). Male and accessible toilets are in the
| Application No.: | 14/00836/B |
| Applicant: | EFB (IOM) Ltd |
| Proposal: | Conversion of the ground floor of the building from a print warehouse and offices, to offices, a facility for the storage distribution and sale of alcohol and a café |
| Site Address: | European House |
| Peel Road | |
| Douglas | |
| Isle Of Man | |
| IM1 5PZ |
centre of this area. Further toilets are available within the cafe. The cafe and outdoor area are inter-accessible.
2.4 Parking spaces are available around the front and side of the building: 3 spaces in the front for the office, 4 spaces for the wine warehouse with 5 visitor spaces alongside and 9 further overspill parking spaces to the side. The basement provides a further 50 spaces.
2.5 The application indicates that there will be around 9 full time and 14 part time jobs created by the proposal.
3.1 The site lies within an area designated on the Douglas Local Plan of 1998 as Light Industrial.
3.2 The parking provision for the proposed uses would be applied as follows in conjunction with Appendix Seven of the Strategic Plan:
office - 1 space for every 50 sq m of nett floor space and 1 space for every 15 sq m of nett floor space for out of town offices.
cafe - there are no specific standards for cafes: town centre shops require space for service vehicle use, neighbourhood shops require spaces for staff, customers and service vehicles; and
assembly and leisure (including cinemas, meeting halls, swimming baths, leisure centres and the conference and leisure facilities of hotels) require 1 space per 15 sq m of gross floor space.
wine warehouse - storage and distribution requires 1 space per 100 sq m of gross floor space and retail as above.
3.3 One of the Strategic Objectives of the Plan is "(d) To maintain and enhance the viability and vitality of town centres by controlling the location and nature of new retail and commercial development."
3.4 Strategic Policy 6: "Major employment-generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans." Paragraph 4.4.2 "To maintain a healthy and diverse economy, there needs to be sufficient land available for industrial, office and retail purposes. Accordingly: Strategic Policy 7: Undeveloped land which is zoned in Local or Area Plans for industrial, office, or retail purposes will be retained and protected for such uses, except where those uses would be inappropriate or incompatible with adjoining uses."
3.5 Paragraph 4.4.6 "Viable and vibrant town and village centres not only provide the opportunity for economic success, but also provide convenient and accessible amenities for all members of the community and an opportunity to obtain renewal of some of our poorer built fabric. Accordingly:
Strategic Policy 9: All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park(1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8."
3.6 Paragraph 5.8 "In order to achieve this 'Spatial Vision', a framework is required as part of the Island Spatial Strategy for the future development of the Island based on service CENTRES, key transport LINKS and the main GATEWAYS of ports and Ronaldsway Airport (see Key Diagram).
The CENTRES comprise a hierarchy of service provision with Douglas, the capital of the Island, seat of Government and headquarters for most of the Island principal businesses and retail stores, as the MAIN CENTRE. Ramsey, Peel, Onchan, Castletown and Port Erin act as SERVICE CENTRES for their respective hinterlands. Below these are a series of SERVICE VILLAGES made up of Laxey, Jurby, Andreas, Kirk Michael, St Johns, Foxdale, Port St Mary, Ballasalla and Union Mills. Finally, there are a number of smaller settlements with little or no service provision which rely on the other centres for various services."
3.7 Paragraph 5.9 In the Douglas and the East Area the focus of development will continue to be in and around Douglas. The current policy of constraining further greenfield development has aided the process of regeneration within the existing urban area. In terms of the Island Spatial Strategy (ISS) for Douglas and the East, the key elements are: continued regeneration within Douglas, particularly around the Promenades and Quayside and Douglas Regeneration Area to create further housing, employment, retail and leisure opportunities."
3.8 Whilst the proposal is for partly retail (some elements of the wine sales and the cafe) there are no policies or statements in the Strategic Plan which would be directly applicable to the development as proposed due to its mixed use and the history and nature of the site and its past use. Paragraph 9.2.5 goes into some detail on the history of retailing and retailing pressure on the Island. "The Island's industrial estates have generally been used to accommodate only those uses described in paragraphs 9.2.3 and 9.2.4. More recently however, there has been pressure on Government to permit retailing within industrial areas, particularly those on the outskirts of Douglas. Following the development of the large-span "do it yourself" retail facility by B & Q in the Spring valley industrial estate in the mid 1980s, Tynwald took an immediate stance against out of town retailing by a resolution in 1987 which stated that "Positive steps should now be taken to revitalise existing town and village centres for the benefit of the whole community...and no further major out of town retailing developments should be permitted". The Braddan Local Plan adopted by Tynwald in 1991 reiterated this policy, and successive local and Area Plans have been formulated to concentrate retailing on existing centres in defined settlements - Castletown, Ramsey, Douglas, Peel, Port Erin, Onchan, Kirk Michael, Laxey and Port St. Mary.
9.2.6 Since the adoption of the Braddan Local Plan in 1991, pressure has been growing for the inclusion within industrial areas of a variety of retail-related uses, with some applications being successful. Those which have been successful have generally fallen into one of the following two categories:
a) developments of a retail nature where the items being retailed cannot generally be sold from a high street or town centre location, e.g. motor cars, builders' materials, agricultural equipment and feed; and b) developments which in themselves are not retail but comprise elements of retail use which are inextricably linked to the primary use of the building or site - e.g. tailor-made clothing or video tapes manufactured on the premises.
However, there are good reasons not only for directing most retail uses to town centre locations but also for reserving industrial land for its designated purpose. It is important to ensure that sufficient suitable land is available for industrial development. In any case, most industrial estates are unsuitable as environments for shoppers. The following policy is therefore appropriate: 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 viability of the appropriate town centre shopping area."
3.9 Paragraph 9.4.2 "The reasons for directing retail development to town centre sites are essentially those set out in paragraph 9.3.3 in respect of offices, but to these must be added the need for there to be a sufficient range and choice of goods available in the one shopping trip, without the need to travel between sites. Experience in the UK illustrates the impact which out-of-town retail development has on the traditional town centre high street and on small village shops, and it is pertinent to note the reversal of policy by the UK Government. The Department therefore proposes to adhere to the established policy which was embodied in the Tynwald resolution of 1987 (see paragraph 9.2.5).
9.4.3 Exceptions to this general policy have been identified in paragraph 9.2.6. In addition, there are community benefits associated with neighbourhood shops (see paragraph 10.6.1). The following general policy is therefore appropriate: Business Policy 9: The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1)."
Business Policy 10: Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5." Paragraph 9.4.4 "For the purposes of Business Policy 9 major retail development will be classed as any new or increase in existing retail development of more than 500 sq. metres of floor space measured externally. For the purposes of Business Policy 10 new neighbourhood shops within new residential developments will not normally comprise more than 100sq metres of floor space measured externally."
4.1 The site has been the subject of a number of applications, none of which is considered particularly relevant to the consideration of the current application. The applicant has planning approval for the development of a mixed use scheme on land mostly designated for industrial use at Ballafletcher in Braddan. This proposed the development of 1,400 sq m of industrial floor space, 240 sq m of office and retail and 1,655 sq m of leisure use in the form of a public house, play barn, entertainment centre and motel all with associated car parking (PA 11/01290/B). The inspector recommended approval to the application, noting that "The trade counter would serve members of the public and must therefore be treated as a retail outlet. But it would be a specialist one; its size and location reinforce the applicant's stated intention that it would primarily serve trade customers or individuals seeking, say, a case of wine or mixed purchase of drinks and associated items for a particular occasion. It seems unlikely that significant sales would be diverted from the retailers in Douglas town centre licensed to sell alcohol, Spar, M_S and Iceland whose customers are more likely to purchase either small casual quantities of drinks or to include drinks as part of a more general shop for food and groceries. Condition 8 attached to the approval would effectively prohibit the latter while the required ambiance, for trade customers and the public targeted by the company, would deter small casual purchases. All told I consider that this element of the scheme complies sufficient with the circumstances envisaged by Business Policy 5: most sales would be likely to be bulk purchases impracticable in the town centre, and the warehouse distribution centre would have some similarity with items "provided on site" (paragraph 24).
4.2 Condition 8 read: The goods to be sold with the trade counter/showroom/retail shop area must be restricted to alcohol, soft drinks, tobacco, bar type snacks and confectionery in
conjunction with the office and warehouse unit associated therewith". There is no proposal in the current application for the sale of items other than primarily alcohol.
5.1 Department of Infrastructure Highway Services indicates that it does not oppose the application.
5.2 Isle of Man Enterprises who operate a large distribution warehouse adjacent to Pulrose Bridge make a number of observations on the proposal. They suggest that as the application refers to a "retail element", this should be subject to a retail impact assessment as set out in paragraph 9.4.4 of the Strategic Plan, given that the site is not within the town centre. As the application includes the reference to online sales and/or delivery being part of the retail operation, they allude to a recent application by Tesco within Douglas where the assessment concluded that this operation was a fundamental part of the overall retail operation.
5.3 They also consider that the existing approval available to the applicant should be considered in the retail impact assessment in terms of the cumulative impact of both, should both come to fruition. The applicant has explained in the application that due to "phasing issues" the wine warehouse approved there is to be located on the Peel Road site until the other approved development is available. The retail element of that warehouse is to be at Ballafletcher which included a showroom which would be open to the public, although intended more for salespersons.
5.4 Their main concern relates to traffic and particularly any disruption to access to their warehouse which receives regular deliveries many of which are associated with and dependent upon ferry sailings. They do not have any real concerns about deliveries to the site, considering the previous use although they would like to see clarification of what appears to be conflicting statements on traffic, indicating that 80% of the business is likely to be online or delivered but also that this will translate to around 20-30 customer deliveries per week and consider that this appears to be very low given that a typical wine warehouse would have upwards of 500 case customers per week which may result in more people than anticipated coming to the site which would have an impact on car parking. They consider that the traffic associated with the proposed use will be very different than the existing/former use and that half of the former use will be retained.
5.5 They suggest that the consideration of the application must take into account the recent remodelling of Peel Road in the vicinity of the access to this site and reject the suggestion that the proposal will result in use of the facility by nearby businesses as these have relatively few employees per floor area. They are concerned customers particularly to the cafe will first seek parking in the site itself and potentially finding it unavailable will then exit the site to find parking elsewhere, in the vicinity of the objector's premises. They would have expected to have seen a traffic impact assessment at peak times, particularly given the disruption which occurs around McDonalds which sometimes results in vehicles queueing on Peel Road as the site is full.
5.6 They confirm that they are a potential competitor of the proposed use but do not object on these grounds.
6.1 The issues in this case are whether a non-industrial use is acceptable on this site and if so, whether the use can be satisfactorily accommodated in terms of access and parking and compatibility with other existing uses on the site.
6.2 Whilst the site is identified as being within an area of Industrial Use, part of the site is already not being used for this purpose. In addition, those activities within the same industrial designation include all of Hill's Meadow and the area of land which stretches from Pulrose
Bridge to but excluding the fire station, which accommodates the Milestone fuel filling station and associated store and car wash, the Milestone retail facility which sells bathrooms and plumbing materials and equipment, paints and decorating equipment all with a gymnasium above, an electrical goods retailer and Eurocars car sales and servicing facilities (Vauxhall, Peugeot and Renault) as well as McDonald's fast food drive through and seated cafe. The area is therefore not predominantly used for industrial purposes as is suggested in its designation of 1998 but is predominantly retail in forms which are not suited to a town centre use by virtue of the size and nature of the goods for sale which cannot be easily taken to one's vehicle or transportation, or the method by which they are sold.
6.3 The building is a striking, modern one which is not particularly well suited to an industrial function and a significant part of the building is presently vacant. The proposed use as a wine warehouse can be compared with other facilities on the Island - the Wine Cellar in Tennis Road (designated as Residential) and Joseph Bucknall (designated as Predominantly Offices) and Winerite (designated as Predominantly Residential). None is located within a retail area. The applicant's intention is to sell wine on a mainly wholesale basis where purchases are in bulk with the capacity to have in excess of 30,000 cases of wine on the premises. Whilst it is not feasible to enforce either of these forms of retail (the application indicates that customers would have had to pre-register and present a membership card on entry), none is applicable to the other alcohol suppliers. The site is located on two principal transportation routes and provides good accessibility for vehicular dependent customers who would require their own transportation to take away larger quantities of alcohol purchased. The application site, in relation to the former printing floor lends itself to the warehousing, having tall ceilings and a relatively large open area. Such premises are not readily available in the town centre and the applicant has indicated that there are no other suitable industrial sites which would provide the required amount of car parking and access. As such, it is considered that the proposed wine warehouse is an acceptable use in this location.
6.4 The inclusion of a café may or may not be associated with the other uses of the site: the office workers in the building may well utilise these facilities as may those purchasing wine. However, it is likely that there will be passing trade and in this respect the proposal is little different from McDonald's which, whilst having a drive through facility (which is not proposed here and which can result in the greatest amount of queueing and traffic disruption), also has a seated café and parking spaces which serve this (at least 20 spaces). As such, there is no objection to the inclusion of a café within the building.
6.5 It is essential that there is sufficient car parking available to those using the building as there is no alternative car parking available on street. The proposed uses would generate a need for 60 spaces if the parking standards are applied as set out in the Strategic Plan. This, however, considers that the wine warehouse is storage and it is likely that there will be a much greater need for parking in association with this in reality, with staff and customers coming and going. It is possible, however, that these comings and goings will be at times different to those associated with the offices and as such there may be the opportunity to overlap the use of the parking spaces. In addition, the car parking area to the rear is a pay and display park which is available for those using the site, if required.
6.6 Department of Infrastructure Highway Services has indicated that there is no objection to the application and it is considered that there are sufficient car parking spaces available to satisfy the need for such spaces in association with the proposed use. They do not indicate that a traffic impact assessment is required or that the remodelled Peel Road will result in any adverse impact.
6.7 The building is redundant for its original use on much of the ground floor and what is proposed could be operated from the site without adverse impact on the area. As such the application is recommended for approval.
6.8 Whilst there is a requirement for a retail impact assessment in the Strategic Plan (see above) this proposal is not for a retail operation. The cafe results in around 95 sq m of floor space and whilst the warehouse is larger than the 500 sq m referred to in the Strategic Plan, it is not intended as a retail facility but more a wholesale operation with some distribution where buyers do not come to the premises.
6.9 Reference is made to Tesco and the fact that it was concluded there that the online ordering and/or delivery were part of the retail operation, this is distinct from what is proposed here in that whilst the means of purchasing the items may have some similarities in that respect, what is being purchased is distinctly different. Tesco sell to the public and there is no constraint on the amount of items sold whereas what is proposed here are mainly bulk orders of a particular produce and where the public is not encouraged or particularly catered for. The two proposals are not considered relevant to each other.
6.10 As the proposal is for an interim use pending the availability of another site which has planning approval, if the decision makers are concerned about the cumulative impact of both ventures being operational at the same time (although both ventures are controlled by the same company) then a condition could be attached which prevented the current scheme from being operational if at any time the approved venture (or any other development superseding that) were to be implemented.
6.11 The critical issue in respect of retail impact is whether the proposal would have a detrimental impact on retailing. As the proposal is not wholly retail, it is not considered to require an impact assessment in this respect. It is relevant to consider whether the proposal would have a detrimental impact though and whilst the town centre should be the location for retail operations, it is clear that there are no premises within areas designated for retail use where there is satisfactory access for the large vehicles likely to be involved in the proposed operation. The Joseph Bucknall site between Athol Street and Hill Street often results in vehicles emerging from the lane onto Upper Church Street with difficulties in manoeuvring. Winerite and the Wine Cellar are not located within the town centre. As such, it is not considered that the nature of the sales to be undertaken are suitable for a town centre and even if they were, there are not known to be any sites available which would be suitable. The selling of alcohol on a bulk basis is clearly something which is considered suitable outside of the town centre.
6.12 The Strategic Policies clearly emphasise the need for Douglas to remain the focus for employment, commercial and retail development and in this respect this proposal is more in line with the Strategic Plan objectives than is the Ballafletcher proposal.
7.1 The local authority is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.
7.3 Isle of Man Enterprises are not directly alongside the site and it is not accepted that the use of the public car park for parking in association with this development will have any impact on the operation of their facility. As such it is not recommended that this respondent should be afforded interested person status in this case.
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
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 goods to be sold in the wine warehouse are restricted to alcohol, soft drinks and bar type snacks.
Reason: in order to prevent general out of town retailing on a site which is designated for industrial use.
This approval relates to drawings SC1337/P/10-00, SC1337/P/1-01 both received on 5th August, 2014 and sc1337/P/10-01 and SC1337/P/12-01 both received on 7th August, 2014.
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: A Committee Meeting Date: 13.10.14
Signed: S. A. W. M. Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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