Officer Report Ballafletcher Development

"We assume rezoning of the land is necessary and would welcome comment on policy in doing so. The Chamber membership has consistently sought clarification on planning; in particular that relating to out of town retailing permitted goods on employment or industrial land as outline by Business Policy 5 contained in the Strategic Plan 2007. Previous Planning Applications refer and the lack of such clarity has undoubtedly led to additional cost and time to date." 39. The occupier of 39 Hollin Bank has objected to the application on the following grounds: 1) Increased traffic and highway safety. 2) Unsure how the leisure portion of this development fits with the land use zoning of the local plan. 40. Heron and Brearley have objected to the application on the following grounds: 1) the development is contrary to the land use zoning of the local plan. 2) the retailing aspect can be undertaken from a town centre location and does not qualify through the exemption route described in Business Policy 5 of the Strategic Plan. 3) any proposals for retailing should be supported by a full retail impact analysis. 4) the proposal is such a large scale it is premature pending the emergence of the Eastern Area Plan. 5) There is no sequential site assessment submitted with the application demonstrating that other site have been considered which may better accommodate the proposals, rather than selecting a Government owned site zoned for predominantly industrial uses. There is a danger that the offer of land, currently held in public ownership, to a private enterprise may be seen as unfair advantage, particularly at a time when many long-established island businesses are operating within a very challenging trading environment. ### Assessment 41. The main issues in assessing this application are: a) Land use; b) Economic benefits; C) Highway Issues and D) Design. The following paragraphs deal with these issues in the above order, followed by consideration of other matters of detail. ### Land Use 42. In considering this matter, it is best to consider each of the individual uses against the adopted development plan for the area. 43. Firstly, in respect of the proposed warehouse, the building for the proposed warehouse wholly falls within land that is zoned as "Predominantly Industrial" in the Braddan Parish District Local Plan. Therefore the relevant policy is Business Policy 5, which states that "On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution". The use of the site for a warehousing operation would be in accordance with Business Policy 5. 44. In respect of the entertainment centre, this will be housed at the opposite end of the same building as the warehouse. The entertainment centre will comprise a 12 lane bowling alley, arcade, cafe bar, children's adventure area and multipurpose function space. The building would sit on land that is zoned as predominantly industrial. It was advised at pre-application stage on various occasions that "the principle of development the recreation/leisure & conference element of the proposal is, perhaps unsurprisingly, the most contentious of the three elements. It is impossible to argue that such element accords with the designation of the land as predominantly industrial and on face value such proposal does not sit comfortably with planning policy. However, you are entitled to make a case for the proposal and I would suggest that if you want to pursue this element you will need to provide supporting evidence to address such issues as whether there is a need for this element, whether it cannot be reasonably provided elsewhere on the Island, whether the loss of designated industrial land is justified, whether the proposal is sustainable, etc." 45. The only justification put forward by the applicant's agents is as follows "The warehouse is large a building as possible taking into account the necessity for it to integrate into the overall development, the space remaining between the boundary to the sports pitches, would leave a minimum area for another industrial building taking into account the necessary access past and the requirement for separate car parking. We would consider therefore, that the loss of industrial land to leisure use is minimal." 46. This part of the development is clearly contrary to the "Predominantly Industrial" land use zoning of the Braddan Parish District Local Plan. The Strategic Plan, in the form of Strategic Policy 7, states "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." The applicant's have also stated that "Alternative sites were investigated that could accommodate the mix of uses. Unfortunately, there were no suitable sites in the town centre and proposed location presents the best opportunity for the population of Douglas and the Island. Due to lack of land availability for a mixed use development of this scale, it is considered there is sufficient justification to allow the land to be used for an alternative use. 47. In respect of the office/ trade counter/showroom, this part of the development would be sited on land which is zoned as "Land owned by Government (Open Space in Agricultural Use)". The land is not zoned for development. The applicant has stated in their Planning Statement that "The office use proposed is therefore similar to the offices in connection with "industrial" use elsewhere on the estate. EFB (IoM) Ltd intend to occupy the offices in connection with their core operations and it is the intention to run their international operations from the offices. It is envisaged that there will be approximately 50 full time employees." The applicant is also intending to provide a trade counter operation on the ground floor of the offices. This area will primarily be used as a showcase for one of the group brands "Oddbins". The area will be able to be used by the public for fine wine mart as an extension of adjacent warehouse storage facility. This facility will only be 166 square metres. The development of this part of the site does not fit into any of the criterion of General Policy 3. However, there is a clear relationship between the offices, the trade counter and the warehouse. It would inappropriate to try to separate the different uses to different sites, as this would result in additional traffic coming and going from the different sites. Furthermore, this proposal is a more sustainable proposal with all the connected uses in one location. 48. In respect of the restaurant/pub/play barn and motel, this part of the development would be sited on land which is zoned as "Land owned by Government (Open Space in Agricultural Use)". There are no specific policies in the development plan to guide such development to suitable locations. The only relevant policies are General Policy 3 and Environment Policy 1 of the Strategic Plan. The development of this part of the site does not fit into any of the criterion of General Policy 3. However, it should be noted that other sites adjacent to the site, which are zoned as "Land owned by Government (Open Space in Agricultural Use)" are not in agricultural use. There are used as playing fields. The land use zoning of the Braddan Parish District Local Plan is considered to be outdated in respect of this site. The applicant's have stated that: "EFB (IoM) Ltd identified that there was a need for a public house/restaurant to service their offices, in addition to the remainder of Ballafletcher Estate. There is also the opportunity of serving nearby housing in addition to the adjacent sports facilities. This operation represents a core part of the EFB (IoM) Ltd operations and therefore, they have extensive experience of building, managing and operating this kind of development. It is also intended to include within this building, a motel facility of 9 en-suite rooms and 3 suites. The requirement in the first instance is for the motel to serve EFB (IoM) Ltd and their visiting personnel and representatives, difficulty has been experienced finding suitable accommodation on the island at short notice in the past. The facility can also serve adjacent units in a similar manner in addition to the adjacent sports facilities. It is envisaged that the facility will employ approximately 10 full time employees." 49. This part of the proposal has some connection to the other uses proposed for the site. Furthermore, it should be noted Cronkbourne Village does not have a public house. The nearest public houses are The Railway Inn in Union Mills, The Cat with No Tails in Governor's Hill and The Manor Inn in Willaston. This facility would serve the local residents of the area in addition to the adjacent sports facilities. The "play barn will be located adjacent to the public house/restaurant and is intended to provide integrated leisure facilities for the whole of the family. The siting of a public house in this location would beneficial to the local area. ### Economic Benefit 50. In respect of the economic benefit of the proposal, the applicant has not submitted an Economic Impact Assessment of their proposal. There are two reasons why this has not occurred. 51. Firstly, the application was submitted prior to the recent publication of the draft Planning Policy Statement on Planning & the Economy, and; secondly, the Department of Economic Development are the current landowners of the application site. The Department of Economic Development would not be able to comment on any assessment on the basis they would be a conflict of interest. 52. The applicant's have made the following statements to help justify their proposal: "Although the site is not allocated in the Development Plan for all of the proposed uses, we believe that the scheme will generate significant economic benefit for the Manx economy. A wide range of family leisure activities being available throughout the year will improve the quality of life for the Island's residents and enhance tourism opportunities. This is a unique prospect for the Island with multiple attractions available in a single location, which can also be enjoyed during adverse/wet weather conditions. The family owned company proposing the development is based on the Isle of Man and has already increased its workforce from 5 to 19 employees over the last year. It is anticipated that the scheme will ultimately create a further 81 varied permanent employment opportunities (in addition to any seasonal positions) as detailed below; - Warehousing Personnel 30 - International Office Operation 50 - Public House/Restaurant/Hotel 10 - Play Barn 5 - Entertainment Centre/Bowling Alley 5 The long term 100 strong workforce could potentially increase in line with the growth of the company and create future investment opportunities for the Island. The construction of the proposed site would also benefit the economy of the island with a significant investment of £7m (excluding land). Consequently, this creates both short and long term positive effects on the unemployment situation (that has recently increased to 2.5%, 1,100). Although the site is undeveloped, it is surrounded by industry and recently improved sports pitch facilities. We believe that the visual impact of the scheme would be minimal and present an improvement on the current scrub land condition of the site. The scheme would have no negative effect on existing businesses with the hotel predominantly accommodating company visitors and the Entertainment Centre/Bowling Alley servicing Douglas and the south of the island. The Public House/Restaurant/Play Barn would mainly service Douglas and the surrounding areas." This proposal has short term and long term benefits in terms of creating jobs in different employment sectors. This adds further weight to approving the application contrary to the policies of the adopted development plan for the area. ### Highway Issues 53. In respect of parking, the car parking for the development based on floor area indicated in the application are as follows 54. The application is proposing to provide 135 spaces. There is a shortfall of 52 spaces; however, the applicant’s agent has stated that the shortfall in numbers takes into account the user profile envisaged in that not all parts of the development will be used concurrently and there will be some overlap of common parking particularly in the area in front of the offices. 55. The development would provide dedicated cycle and motorcycle parking, which is to promote alternative modes of transport to the site. The site is located on or near to bus routes. 56. In respect of the proposed access onto Ballafletcher Road, the proposed access will have a visibility spray of 4.5m x 120m. The access will service the offices/trade counter and the recreation/leisure facilities. The Highways Division considers the proposed access to be acceptable. It is therefore considered the access would not be prejudicial to highway safety. 57. The access for the proposed warehouse will be off the existing industrial estate road. 58. The Highways Division have stated that “The transport statement for the ‘in principle’ application provides sufficient transport information to show that the site can be accessed safely.” The Highways Division do not oppose the above application subject to a full transport assessment accompanying the detailed planning application. The assessment should include, but not limited to, both a detailed parking and junction assessment.” ### Design 59. The planning statement makes reference to the potential height of the buildings which raises some concern to the Planning Authority. The statement states that the warehouse will be largely single storey high and will be a similar height to the 3 storey entertainment centre. The offices are envisaged to be 4 storeys in height whilst the public house/ restaurant/motel will be 2 storey in height. The buildings in the adjacent industrial estate are relatively lower, mainly either single storey or two storey in height. The applicant states that the “Although the site is undeveloped, it is surrounded by industry and recently improved sports pitch facilities. We believe that the visual impact of the scheme would be minimal and present an improvement on the current scrub land condition of the site. {{table:40151}} 60. It should be noted the buildings are to be sited well back from the main carriageway of Ballafletcher Road. The design and the landscaping for the proposed development will have to be carefully considered at the reserved matters stage. If the design and/or landscaping is unacceptable at the reserved matters stage, the Planning Authority will still be able to reject the proposal at that stage. ### Recommendation 61. It is recommended that the planning permission be granted subject to conditions. ### Party Status 62. The local authority [Braddan Parish Commissioners] is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status. 63. The Highways Division is part of the Department of Infrastructure of which the planning authority is part of. As such, the Highways Division cannot be afforded party status in this instance. 64. The Isle of Man Water and Sewerage Authority have commented on non-planning matters and as such should not be afforded party status in this instance. 65. The occupiers of Ballafletcher Poultry Farm Cottage have objected on highway grounds, which has its vehicular access set approximately 85m away from the application site. It is considered they should be afforded party status. 66. The occupiers of 33, 35 and 39 Hollin Bank, 4 Ashen Bank and 17 Hollin Lane are located within the Tromode Woods Estate which significant distance away from the application site and as such they should not be afforded party status. 67. Joseph Bucknall Limited, Heron & Brearley, and the Isle of Man Chamber of Commerce do not have sufficient interest in the application site to be afforded party status. 68. The occupiers of 105 Cronk Liauyr, occupiers of 3 Tromode Close and the Community Planning Service are a significant distance away from the application site and therefore do not have a sufficient interest in the site, as such they should not be afforded party status.

Recommended Conditions and Notes for Approval

C: Conditions for approval

N: Notes (if any) attached to the conditions

C 1. Approval of the details of design, external appearance of the building[s], internal layout, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.

C 2. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.

C 3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.

C 4. This approval relates to the creation of a mixed use development providing warehousing, offices/retail accommodation and leisure facilities including service road and car parking as shown in drawing numbers 1699.01.P01, 1699.01.P02, 1699.01.P03, and 1699.01.P04 date stamped 16 September 2011.

C 5. The plans and particulars submitted in accordance with condition 2 above shall include: 1) a Design Statement. 2) a Green Travel Plan 3) details of cycle shelters. 4) a detailed transport assessment, which should include, but not limited to, both a detailed parking and junction assessment.

C 6. The buildings shall not be used until the vehicular and pedestrian means of access have been constructed in accordance with the approved plans, and those means of access shall thereafter be kept available at all times for their respective purposes.

C 7. The buildings shall not be used until the car parking and manoeuvring areas have been provided in accordance with the approved plans, and those areas shall thereafter be kept available at all times for their respective purposes.