Officer Report

Application No.: 15/00665/C Applicant: Zoe & Mark Thompson Proposal: Additional use of existing warehouse as a trade counter for the sale of plumbing and heating materials and bathroom supplies Site Address: Unit 2 Port Side Balthane Industrial Estate Balthane Ballasalla Isle of Man IM9 2AQ Case Officer : Mr Edmond Riley Photo Taken: 25.06.2015 Site Visit: 25.06.2015 Expected Decision Level: Planning Committee

Officer’s Report

THE APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of an industrial unit within the Balthane Industrial Estate. From the site visit, conducted mid-morning on a weekday, it appeared that the unit was not currently in active use. - 1.2 The unit is a fairly utilitarian building common to industrial estates and is surrounded on all sides by similar land uses.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the additional use of the existing warehouse as a trade counter for the sale of plumbing and heating materials as well as bathroom supplies. The unit would be open from 7:30am to 5:00pm Monday to Saturday, and would employ two full-time staff. The application form indicates that there is forecourt parking for up to 8 vehicles, although no drawing showing how these 8 vehicles could be arranged has been submitted. - 2.2 The applicant was asked to provide further details on the nature of the business, and they commented (in part) as follows:

"We took a 6 year lease on the Unit on the 5th June 2015, we are awaiting our stock racking systems from Descon Ltd due 1st August. The warehouse will stay primarily a warehouse with a trade counter.

"We are a newly incorporated business Company Number 129906C and nearing completion of the business set up process, with regard to VAT, bank accounts, suppliers, office equipment, stock software systems etc. We are also enrolled on the Government Small Business Start Up

Scheme, which will be completed next week. We are hoping to be open for business from September 2015.

"Our customer base will be tradesman from the plumbing & heating Industry an construction industry.

"There are many other business trading in the area, such as The Fudge Factory, Island Timber, The Tile Gallery, Jason Griffiths Motorcycles, Moto Syko to name a few."

3.0 PLANNING HISTORY - 3.1 Planning approval was granted in 2005 for the storage of two public passenger vehicles within the unit (PA 05/0130/B). This result of the implementation of that approval (on which the Department has no information either way) would supersede the original approval for the site. - 3.2 The original approval to the building was granted under PA 89/0318/B, and which described the building as an "implement store". There were some 11 conditions attached to that approval, most of which were fairly standard conditions for new industrial buildings approved at that time. It is interesting to note, however, that condition 1 stated: "The building(s) shall not be used for any other purpose than that indicated on the plan or in the application without the consent of the Committee". - 3.3 It is also to be noted that there have been planning applications recently approved on the Balthane Industrial Estate resulting in the change of use of industrial units to specific forms of retail use.

4.0 PLANNING POLICY - 4.1 The site lies within an area zoned as Industrial under the Area Plan for the South 2013. - 4.2 Business Policy 5 of the Isle of Man Strategic Plan is considered specifically material to the proposal; it states: "On land zoned for industrial use, permission will be given only for industrial or for storage and distribution; retailing will not be permitted except where either:

• (a) the items to be sold could not 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 be 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."

5.0 REPRESENTATIONS - 5.1 Malew Parish Commissioners do not object to the current planning application (02/07/2015).

6.0 ASSESSMENT - 6.1 It is considered that part (a) of Business Policy 5 applies in this circumstance. Trade counters as an additional use within a warehouse selling bulky or large goods are, as outlined in BP5, generally considered acceptable where no adverse impact can be demonstrated. - 6.2 The application has not been submitted with any evidence to that effect but the nature of the proposal is important to consider. The products intended for supply (plumbing, heating

• and bathroom materials) are by their nature bulky and not especially conducive to town centre sales. Moreover, the trade counter shown is fairly small in scale in that it comprises perhaps one sixth of the storage area within the warehouse, and maybe just 10% of the overall floor area of the unit.
• 6.3 It is not immediately clear how it could be demonstrated that the proposal would have no impact on the nearest shopping centre (Castletown). Perhaps key is whether or not there are existing businesses of a similar nature of that of the applicants' within Castletown, and also where the applicants' business is currently located.
• 6.4 The applicants' advice on these matters is helpful. Evidently its being a new business is such as to mean that there will be no drawing of trade from their previous location and thus potentially drawing those customers away from other businesses, which would be a concern with respect to ensuring the protection of the viability / vitality of areas of employment use (especially town centres). That the proposed retail element is more of a trade counter - the customer base is expected to be tradesmen from the plumbing, heating and construction industries - further reduces concern that the retail use will in some way 'overtake' the warehousing use. A condition could prevent any such expansion in any case.
• 6.5 Indeed, the retailing element of the proposal might even be 'incidental' to the warehousing use since there is to be no shopfront or shelves for browsing. Although there is insufficient information to come to a conclusion on this (which can usually often only be reached once a business is in full operation so a proper analysis can be made), it cannot be ignored that planning approval is sought for the retailing element; a genuine 'incidental' use would not require planning approval. The fact it has been applied for suggests the retailing element would be 'ancillary'.
• 6.6 However, and equally, it would also be fairly small in scale relative to the size of the unit itself; the retailing element would still be reliant upon the main use of the building. It is considered unlikely that the proposed retailing element within this unit would result in any harm to the vitality or viability of the local town or village centres, since customers are likely to primarily be tradesmen rather than members of the public. Although it has not been demonstrated by the applicant that the proposal complies with Business Policy 5, it is also considered that the amount of harm that would relate from the proposal's approval would be suitably limited for the reasons given.
• 6.7 Clearly the use of the unit as a retail outlet in its entirety could be undesirable, and so it was considered whether or not a condition specifying the amount of retail use to be undertaken on the site would be appropriate. Any condition to this effect might be difficult to enforce, and so a more generic condition preventing the expansion of the retailing element beyond that shown on the submitted plans is recommended accordingly.
• 6.8 In view of the above, it is considered that the proposal does not conflict so seriously with the provisions of Business Policy 5 as to warrant the application's refusal.

7.0 RECOMMENDATION - 7.1 In view of the lack of harm that is considered likely to result from the proposal, is recommended that the planning application is approved. - 7.2 It would be undesirable for the retail element of the proposal to alter from that as proposed on the submitted plans without formal consideration by the Department. An advisory note relating to the approved plans will be attached to any approval notice. A condition requiring the retail element to remain ancillary to the main use of the site remains appropriate to also attach to the approval notice for the avoidance of doubt.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o 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
• o Highway Services of the Department of Infrastructure, and
• o The local authority in whose district the land the subject of the application is situated.

9.00 SUPPLEMENTARY REPORT - 9.1 At the meeting held on the 27th July 2015, the Planning Committee determined that the proposed condition 2 be re-worded so that it would more closely tie with the Applicant’s intention and the proposed use of the site.

Recommendation Recommended Decision: Permitted Date of Recommendation: 20.07.2015 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• 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. Any retailing undertaken from within the application site shall relate only to the sale of plumbing equipment, heating equipment and / or bathroom equipment, and the retailing undertaken from the site shall remain ancillary to the main use of the site for storage and distribution (as defined under Schedule 3, Class 6 of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification).

Reason: The site is within an area zoned as Industrial and the application has proposed a specific form of retailing related to the business that would be carried on there. The Department has assessed the impact of the proposal on the basis of that specific use, and any alternative uses within the same Use Class will require further consideration.

The development hereby approved relates to the following plans, date-stamped as having been received 15th June 2015: The Location Plan, The Floor Plans (existing and proposed) and the photos.

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 : APPROVED Committee Meeting Date: 27.07.2015 Signed : E Riley Presenting Officer Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph). Signatory to delete as appropriate YES See Paragraph 9 above.