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| Application No.: | 13/00377/C |
| Applicant: | Ballafletcher Estate Limited |
| Proposal: | Change of use of entire upper floor to general office use |
| Site Address: | Agriculture House Ballafletcher Farm Road Cronkbourne Douglas Isle Of Man IM4 4QE |
| Case Officer: | Miss S E Corlett |
| Photo Taken: | 03.05.2013 |
| Site Visit: | 03.05.2013 |
| Expected Decision Level: | Planning Committee |
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSED USE IS CONTRARY TO THE DEVELOPMENT PLAN
1.1 The site defined in pink is the footprint of an existing building situated on the eastern side of the Ballafletcher farm Road, sharing its access with the Isle of Man Creameries, with four parking spaces within the Creameries car park to the immediate east of the building. The application site building contains two floors - the upper ground floor accessed from the main access to the principal car parking area and the lower ground floor which is at the level of the Creameries car park to the east of the building.
1.2 Planning permission was granted under PA 87/4522 for the construction of a building to accommodate the administration of the abattoir and creamery and a condition was attached requiring the use to be "in connection with the administration of the creamery or abattoir and shall not be let off in whole or in part at any time. Since its construction and first occupation for these purposes, planning permission has been sought for the change of use from the approved use to general offices. PA 95/01404 was refused for the reason that "The environment around the building is of an industrial nature which can give rise to noise and smells. The site is thus unsuitable for general office use unconnected with these industrial uses. In any case, offices should be located in the central areas of the towns and villages unless the office use is location-dependent."
1.3 Permission was granted for the use of the upper floor for general office purposes under PAs 06/00353 (Change of use of surplus office accommodation on upper floor, approved for the administration of charity educational services, as general office accommodation to be sublet), 01/01455 and 00/00631. PA 00/00631 granted a change of use of upper floor for administration of Educational Services, in July 2000 for the use, with a Condition that the approval be restricted to an 18 month period only after which time the use must cease. The following application subsequently granted an unlimited time period, but with a personal approval. PA 01/01455 - Continued change of use of upper floor as office. This application granted an unrestricted term of use to "Include" for purposes of educational services for children excluded from school.
1.4 A certificate of lawfulness of use was granted under PA 12/01675 for the use of the lower floor of the building as an office. 1.5 The building is owned by The Isle of Man Creameries.
2.1 This application proposes the use of the first floor administration as general office including the meeting room and two offices which were not granted approval under the PA 06/00353 application. 2.2 No changes to the building are proposed.
3.1 The site lies within an area designated on the Braddan Local Plan as Predominantly Industrial. 3.2 The proposed use is not in accordance with that designation, albeit designated for a purpose. As such, neither General Policy 2 or 3 are applicable in this case. 3.6 There are policies on office use within the Strategic Plan regarding office use, as follows:
Business Policy 7 states: "New office 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." 3.7 The Braddan Local Plan states, "No additional office development will be permitted in the Braddan Parish District with the exception of those necessary for the functioning of an approved industrial development, including science-based industries, or where an individual office can be shown to be necessary solely for the needs of the local community. Conversion of existing structures will be preferred to new development" (paragraph 3.3).
4.1 The planning history of the building is set out above. In addition, it is pertinent to note that planning approval was granted for PA 10/01673 for the erection of an office building with parking and landscaping on a site not adjacent to the current application site but within the same general area and served by the same access off Ballafletcher Road. This application was refused by the Planning Committee but approved on the appeal. The Inspector who recommended approval commented that, "The main issue in this appeal is whether the business is of a nature that should be located in a town or village centre. The test set by Business Policy 7 is that to be located at this site the business should be a corporate headquarters which does not involve day to day callers. It apppears to me that the Company is a corporation, and this office would be its headquarters. It is clear from the evidence that it does not attract day to day callers to any significant degree, not will it if it expands...my view is that the location of this site mitigates against casual callers being an important part of the customer base, and the matter would tend to be self regulating. I am less sure that the use would limit itself to corporate headquarters, but it is difficult to see what the planning significance is of this part of the policy. I see no material planning difference between a branch office and a corporate headquarters". The Minister agreed with this recommendation.
5.1 Braddan Parish Commissioners indicate that they have no objections to the application.
6.1 The use of the building is clearly contrary to the provisions of the Braddan Local Plan. However, it is highly pertinent that the remainder of the building has planning permission for general office use and the floor below has a certificate of lawfulness of use for general use. The effect of the application is to change the use of a meeting room and two offices - some 95 sq m of floorspace - around half of the floor area on this floor. The remaining rooms are kitchen, staircase and toilets. 6.2 The floor has eleven parking spaces associated with the 163 sq m of floor area. The Strategic Plan requires there to be one parking space for every 15 sq m of office space nett in out of town centre locations, which equates to eleven spaces, which are provided. 6.3 It is relevant that the applicant is also the operator of the adjacent site - The Creameries - and if there were either an existing problem or a potential future problem with the use of the building as an office, then they would be the operators who would be likely to directly suffer as a consequence. They clearly do not see that there may be an issue.
7.1 The local authority, Braddan Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status.
Recommended Decision: Permitted
Date of 03.05.2013
Recommendation:
C 1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
C 2. This permission relates to the use of the upper ground floor of the building and the associated parking spaces as shown in drawings 115 / 101 / 1.1 and 115 / 103 as general office use. and the spaces retened for use in association with the use her by 3 May 2013 13/00377/C of the upper floor as GRE210 the use.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : Committee Meeting Date : 13.5 .13
Signed : 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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