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THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE RECOMMENDATION COULD BE CONSIDERED TO BE CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN.
1.1 The application site comprises units 22 & 24, Spring Valley Industrial Estate which is located within and along the eastern boundaries of the Spring Valley Industrial Estate.
1.2 The site contains two separate retail units with associated car parking (18 spaces) and turning/loading bays. One of those retail units (Unit 22) is currently vacant whilst the other (Unit 24) is occupied by Vulfix Ltd (manufacture of shaving brushes and ancillary shaving products).
2.1 The application seeks approval for the change of use from warehouse and manufacturing to display / distribution and sales of industrial / automotive products and warehousing.
2.2 There are no alterations externally to either unit. Internally each unit has two offices and toilet facilities all of which will remain. Unit 24 also has a canteen and a garage which will also remain in place. Other than creating a single doorway within the party wall between the two units, no other changes are proposed. In terms of floor space the total net floor area equates to 522.8 sqm (excluding office, toilets canteen & garaging). The proposed uses i.e. the warehouse / storage space would equate to 369.7 sqm, whilst the showroom /display and sales would equate to 153.1 sqm. All of unit 24 would accommodate the warehouse / storage space whilst just over half the floor space of Unit 22 would also accommodate warehouse / storage space, with the remaining being used for the showroom /display and sales.
2.3 The applicants (Auto Trade Centre) commenced trading in November 1997 at the Clock Tower Industrial Estate in Foxdale. By 2001, they required more space and relocated to Ballafletcher Business Park. They now seek to increase their stock and so require larger premises once again. They home this will improve their customer service and further promote local purchases rather than businesses going off-Island via internet sales.
2.4 They indicate that their main business is wholesaling. Approximately of their business is serviced via the distribution of automotive and industrial parts throughout the Island on a daily basis. They have 6 delivery vehicles on the road each day and employ 16 staff. The remaining of the business consists of walk in trade (approximately 15 to 20 customers per day). 2.5 The applicants have indicated that they have a requirement for premises offering the display and sale of automotive and industrial parts. For example a large toolbox can cost from £ 200-£ 4000, and they would not usually be bought unseen. This hands-on approach applies to many other items that they sell, such as compressors and power tools. Furthermore customers may also seek expert advice face to face, or require the flexibility of taking an item immediately rather than awaiting delivery. Consequently, they are looking to continue trading within the environment of an industrial estate.
3.1 There are no previous planning applications which are considered relevant in the determination of the application.
4.1 In terms of local plan policy, the application site is located within a wider area of land that is designated as predominantly industrial under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991. Planning Circular 6/91, the written statement that accompanies the local plan, contains two policies that are considered specifically material to the assessment of this current planning application:
"In accordance with the adopted policy of Tynwald no retail developments will be permitted in the Parish District of Braddan with the exception of retail provision designed to serve the local neighbourhood requirements of existing and future communities."
"No development of retail use, nor conversion of existing buildings to retail use, will be permitted in existing or future industrial areas." 4.4 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains six policies that are considered specifically material to the assessment of this current planning application.
"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:
"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 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."
"The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."
"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:
"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."
"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."
5.1 Braddan Parish Commissioners state that they have no comment 5.2 The Department of Infrastructure Highways Division do not oppose the planning application on the basis that; "Although the change of use involves sales the primary use of the application site will be industrial and the sales will be directly related to the warehouse/storage use; therefore the application has been assessed using the most onerous industrial car parking standards of 1 space per 30sqm of net floor space. This parking requirement has been met while retaining access for loading at each unit.
The application meets the relevant highway standards and policies."
6.1 The main issue when considering the proposal is whether the proposed usage, namely the retail aspect of the business, would comply with the relevant policies given the site is designated as industrial use. 6.2 The applicants business offers various types of products they distribute and sell. Some of these include spark plugs, filters, cylinder heads, drive belts, clutches, brakes and batteries, powertools, air tools, compressors, generators, grinders, tool boxes, engine cranes, jacks \& lifts, number plates, wheel trims, car mats, bulbs, exhausts, shelving, paint, sealants, adhesives, car accessories, hand tools, motor oils and valeting products. Perhaps the most relevant policy to consider would be Business Policy 5. This policy indicates that land zoned for industrial use, permission will be given only for industrial development or for storage and distribution. The applicants state that the majority of the business is warehousing, storage and distribution. Therefore the majority of the proposed use would comply with this policy. The Planning Authority would agree with this approach. 6.3 Perhaps the main issue relates to whether the showroom/display and sales area is appropriate on this site. Business Policy 5 does also indicate that permission may be granted if the items to be sold could not reasonably be sold from a town centre location because of their size or nature. As listed previously the applicants argue that many of the items sold are bulky in nature, although there would be items which are not, but are linked to the primary use of the building. It is a fact that storage and sales facilities within town centres for bulky goods are rare. It is considered the majority of the items could not be reasonably sold in a town centre location. Furthermore, these are specialist items which are not readily found in a town centre and the sale of these items would unlikely detract from the vitality and viability of town centres. 6.4 It is worth noting that the applicants currently operate their business Ballafletcher Business Park in Tromode, which is also designated for industrial use. They also benefited from planning permission (10/01516/C) to operate the same business at Hills Meadow Industrial Estate in Douglas, although they were unable to take that up at the time. Consequently, the business already operates on an industrial estate and essentially the retail aspect as proposed is unlikely to significantly affect the vitality and viability of town centres as it already operates out of town and the net increase would likely be negligible.
7.1 Overall, it is considered the proposed uses would be acceptable and would comply with the relevant policies of the Isle of Man Strategic Plan therefore it is recommended that the application be approved.
8.1 It is considered that the following meet the criteria of Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d) and should be afforded interested party status:
Braddan Parish Commissioners 8.2 The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Permitted
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. The development hereby permitted shall not be carried out except in full accordance with the following plans HLK/11/0103 1, HLK/13/0109 2, HLK/13/0109 3 and HLK/11/0103 5 received on 12th April 2013.
C 3. The car parking and manoeuvring areas shall be kept available at all times for their respective purposes.
C 4. The building shall only be used for the purpose identified on drawing number HLK/11/0103 5 date stamped 12th April 2013. No part of the building shall be used for a different purpose unless written consent of the Planning Authority has been first obtained.
C 5. The showroom shall only be used for the display and sale of spark plugs, filters, cylinder heads, drive belts, clutches, brakes and batteries, powertools, air tools, compressors, generators, grinders, tool boxes, engine cranes, jacks \& lifts, number plates, wheel trims, car mats, bulbs, exhausts, shelving, paint, sealants, adhesives, car accessories, hand tools, motor oils and valeting products.
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
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
4 June 2013 13/00449/C Page 6 of 6
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