Officer Report

Application No.: 15/00198/B Applicant: Eden Park Developments Limited Proposal: Variation of condition 10 of approved industrial development (PA 11/01232/B) to allow for research and development uses Site Address: Field 521919 Land Adjacent To Eden Park Cooil Road Cooil Douglas Isle Of Man Case Officer : Miss Jennifer Chance Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE AND THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN.

THE SITE

1.1 The application site is a recently completed development of 24 light industrial units provided within 4 separate buildings. The space totals 3949.9sqm and provides 3515 sqm of net floor area and 874 sqm at first floor mezzanine area. - 1.2 The site is to the south of Eden Park Garden Centre and to the west of Robinsons, Cooil Road. The site as a whole measures 1.4 hectares (3.4 acres). - 1.3 The site is zoned as open space (Agricultural) in the Braddan Parish District Local Plan. The site is also zoned as being of High Landscape Value. THE PROPOSAL

2.1 The application seeks variation of condition 10 of pa 11/01232/B which restricted the approval by stating: 'The units hereby permitted shall be used for light industrial (Class 5 of Schedule 4 of the Town and Country Planning (Permitted Development) Order 2012) purposes only.' - 2.2 The applicants which to include uses under the description 'Research and Development' as well as 'Light Industrial'. It is understood that there has been interest shown by businesses who carry out such activities and who are concerned that they do not meet the restriction in the condition and the widening or clarification of the uses allowed would allow them to take up a unit without concern that they might be breaching the condition. PLANNING HISTORY

3.1 The most relevant historical planning application was that submitted in 2011 (11/01232/B) for the 'Erection of a light industrial development comprising 4 individual buildings providing 24 separate units with parking and landscaping'. Approval was given and confirmed on appeal, despite being contrary to policy, on the basis of the argument made by the applicants that there was a shortage of modern industrial premises of high quality and

• that this amounted to an overriding need. A case was made by a local agent that occupants for the units could be quickly found.
• 3.2 Despite this, as of 14 April 2015, all of the units are vacant.
• 3.3 Furthermore, two applications have been received since the approval for alternative uses; one for use by Crossroads for Care to undertake furniture repair, storage and distribution (14/00871/C) and the other for use of two units for 'assembly of electrical components/showroom/trade counter/storage/distribution and offices' (14/00443/B). Both these applications were approved, although they have not yet been taken up. DEVELOPMENT PLAN POLICIES

4.1 The site is not allocated for development in the Braddan Parish District Local Plan (BPDLP) 1991, but is designated as an Area of High Landscape Value and Scenic Significance. As such the relevant policies are General Policy 3 and Environment Policies 1 and 2 which set out a general presumption against development and for protection of the countryside. Nonetheless, approval has been granted and light industrial units built. Consequently it is considered that the development should also be considered with reference to General Policy 2

• as it provides for a set of criteria regarding the impact of development in terms of residential amenity, design character of the area, protecting wildlife, highway standards, environmental impact and personal safety; and also Strategic Policy 1 that seeks to make the best use of resources. REPRESENTATIONS

5.1 Highway Services: Raise no objection.

5.2 Braddan Parish Commissioners: No objection. ASSESSMENT - 6.1 The starting point in the assessment of an application is normally the Development Plan, however as planning approval has been granted for development contrary to the Development Plan, the starting point is the fact that the site has development on it, and whether permission would have been granted for the previous development if it was of the same character as the current application.

6.2 Schedule 4 of the Town and Country Planning (Permitted Development) Order 2012 sets out a number of Use Classes. These categorise certain uses into groups of similar character. Changes within a particular Class do not constitute 'development'. For example Class 1 is entitled 'Shops' and includes hairdressers, travel agencies as well as shops. No approval is required to change from one to the other as this is not development. However, if upon granting initial approval the use is restricted to a hairdresser for instance, then approval would be needed to change the use to a shop.

6.3 In this instance, although light industry and research and development both fall within Class 5 of the Use Classes Order, the condition imposed on 11/01232/B restricts the use to light industry. - 6.4 For Members information, the Class reads as follows:

"Class 5 Research and development, light industry Use for all or any of the following purposes —

• (a) for research and development of products or processes, or
• (b) for any industrial process,

being a use which can be carried out in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit."

6.5 Both the planning officer's and Inspector's reports suggest the condition as stated. There is no specific reason given for the condition. However, the application was made and approved on the basis that there was a need for high quality 'light industrial' uses and it appears that the condition was put forward for the avoidance of any future doubt, that the site was not a general industrial area, nor was it for any quasi industrial/retail use, nor for storage and distribution, car workshops and similar activities that occur in some industrial estates. The lack of reference to 'Research and Development' does not appear to be a deliberate exclusion. - 6.6 Given that research and development are considered to be so similar that they are contained within the same Class, and that it does not represent a 'special' industrial (bad neighbour) activity which would be contrary to the aims of the original application and that there seems to be some interest in the site for these purposes, then there is no objection to the proposal.

RECOMMENDATION

7.1 It is recommended that planning approval be granted to vary the condition subject to those conditions of the original approval that remain relevant and which are shown in the schedule below. PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) The Highways Division of the Department; and
• (e) The local authority in whose district the land the subject of the application is situated.

Recommendation Recommended Decision: Permitted Date of Recommendation: Conditions and Notes for Approval / Reasons and Notes for Refusal 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 vehicular and pedestrian accesses, parking and manoeuvring areas shall be kept available

at all times for their respective purposes. Reason: In the interests of safety and amenity.

• C 3. The approval hereby granted may not be taken up until the cycle shelter approved under 11/01232/B has been provided in accordance with the approved plans and those facilities shall thereafter be kept available at all times for their designated purpose. Reason: To provide for adequate facilities for workers.
• C 4. All planting, seeding, or turfing comprised in the approved plans along the outer northwestern and southwestern boundaries, or elsewhere, as proposed and approved as part of 11/01232/B not yet carried out, must be carried out in the next planting and seeding season. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: In the interests of visual amenity.
• C 5. Except where alternative uses have been approved by way of a separate planning application; the use of the units within the application site shall be restricted to those within Class 5 of Schedule 4 of the Town and Country Planning (Permitted Development) Order 2012 only. Reason: For the avoidance of doubt and to meet a specific need.

-----------------------------------------------------------------------------------------------------------This approval relates to application drawing 21-B 'Site Plan'.

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 : ……PER…… Committee Meeting Date:…05.05.2015 Signed :………E RILEY……….. Presenting Officer Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph).

YES/NO