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Application No.: | 09/01056/C | | :-- | :-- | | Applicant: | Share The Care Ltd | | Proposal: | Change of use of existing warehouse/showroom to warehouse and retail of <br> donated second hand furniture and household goods with office <br> administration/sales | | Site Address: | Unit 14 <br> Springham Ind Est <br> Spring Valley Industrial Estate <br> Douglas <br> Isle Of Man | ### Considerations Case Officer : Mr Ian Brooks Expected Decision Level: Planning Committee ### Written Representations ### Consultations Consultee : Disability Access Officer Notes: Comments received Consultee : Highways Division Notes: Do not oppose this proposal is like for like. Consultee : Braddan Parish Commissioners Notes: no objection.
The application site is Unit 14 Springham Industrial Estate, Spring Valley Industrial Estate. The site is within an area zoned as predominantly industrial in the Braddan Local Plan 1991.
This application seeks permission to change from an existing warehouse/showroom to warehouse and retail of second hand furniture and household goods with office administration/sales.
The applicants at present operate the business of raising funds for Hospice through the sale of donated goods both furniture and household, clothing and bric a brac mainly through their 7 retail outlets, two of which sell furniture, and a separate furniture showroom in Ramsey. In addition they hold furniture sales from their Allan Street premises. They manage this operation from upper floor
accommodation at No. 76 Bucks Road and through other space rented within Tooms warehouse in Allan Street.
It is there intention to bring all these activities under one roof at the application site. This would result in the cessation of their business at both properties in Allan Street and transfer the management from Bucks Road and freeing that accommodation up for use by the Retail outlet itself.
The building will be used as follows:
1) To take into the warehouse all second hand goods donated to Hospice for sale, to sort the same, hold in store until required and then deliver them out to their retail outlets for onward sale to the public.
2) To retain within the building only those items which cannot be sold within their retail outlets mainly because of their bulk and size, e.g. furniture and large household items and retail these from the premises.
3) To provide accommodation for the ancillary management relevant to the business.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Business Policies 5 & 10.
Business Policy 5 states that "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:
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."
Business Policy 10 states that "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."
Within the Planning Circular 6/91 – Braddan Parish District Written Statement, which accompanies the Braddan Local Plan, the following policies are to be considered relevant in the determination of this application: Paragraph 2.4 and Paragraph 2.5.
Paragraph 2.4 states that "In accordance with the adopted policy of Twynald 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."
Paragraph 2.5 states that "No development of retail use, nor conversion of existing buildings to retail use, will be permitted in existing or future industrial area."
The following previous applications are considered relevant in the consideration of this application:
Unit 14
02/01190/C – Change of use from industrial unit to kitchen/bedroom furniture – granted 31st October 2002
Condition 2 of the permission stated that "This approval relates to the display of kitchen and bedroom fitted furniture and offices associated with the design and sale of this."
6 October 2009
09/01056/C
Unit 15 02/02145/C - Change of use to interior design and furniture showroom - granted 11th April 2003. Condition 1 of the permission stated that "This approval relates to the display and sale of lounge and living room furniture (sofas, chairs, tables) dining room furniture (tables, chairs), bedroom furniture (wardrobes, beds, cabinets) patio furniture and conservatory furniture (tables, chairs, sofas). No approval is hereby granted to the sale of ornaments or small items of furniture which could reasonable be sold from the high street (including bedding, pictures and mirrors and lighting).
The Highways Division of the Department of Transport and Braddan Parish Commissioners do not oppose the application.
In respect of the warehousing element of the proposal, this accords with Business Policy 5 of the Isle of Man Strategic Plan 2007, as storage and distribution uses are permitted within areas zoned for industrial use.
The key issue here is whether to allow the retailing element within the Industrial Estate. The existing use of the building already has limited form of retailing in that kitchen and bedroom fitted furniture can be displayed and sold from the site. This was granted in 2002.
The main policies to consider are Business Policies 5 and 10 of the Isle of Man Strategic Plan 2007. Business Policy 10 states that "Retail development will be permitted only in established town and village centres, with exceptions of neighbourhood shops in large residential areas and those instances in Business Policy 5."
The application site is not located within an established town or village centre and therefore the proposed use would be contrary to Business Policy 10 unless it meets one of the exceptions outlined in Business Policy 5 of the Strategic Plan. The policy states that "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:
Paragraph (a) of the policy refers to essentially bulky goods. It should be noted that paragraph 9.2.6 of the Strategic Plan provides examples of the type of goods that cannot generally be sold from a high street or town centre location. These are motor vehicles, builders' materials, agricultural equipment and feed.
The applicant has indicated that furniture and large household items of a bulk and size that can not be retailed from their outlets will be sold from the site. These types of goods are currently being sold from premises within Allan Street, which is not located within a town centre location. The applicants are intending to transfer these operations to larger premises. The applicant's have now currently vacated there premises in Allan Street and has now been rented out. It should be noted that unit 15 has a wide range of furniture goods which can be sold from the property and is controlled through a planning condition. It is considered that condition restricting the type of good that can be sold from the site would be appropriate to ensure the proposal complies with Business Policy 5 of the Isle of Man Strategic Plan.
The next part of the assessment is whether the proposal would detract from the vitality and viability of Douglas Town Centre. It should be noted that the internal retail/storage floor space of the unit is approximately 332.83 square metres. The floor area is relatively small scale compared to other retail floor areas within a town centre. The proposed use would not necessary attract trade away from an established town centre, i.e. Douglas Town Centre, as the use was already located outside of the main retail area of Douglas Town Centre. It is considered the proposal would not impact on the vitality and viability of the town centre.
In terms of highway safety, the Department of Transport have not objected to the application. The use is not considered to generate numbers of visitors that cannot be accommodated by the access and parking facilities available. It is considered that the proposal will not be prejudicial to highway safety.
RECOMMENDATION It is recommended that planning permission be granted subject to conditions. PARTY STATUS
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
In summary, it is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status:
Recommendation Recommended Decision: Permitted Date of Recommendation: 06.10.2009 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
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the change of use of existing warehouse/showroom to warehouse and retail of donated second hand furniture and household goods with office administration/sales as shown in drawing numbers 3884-32 and STC1 date stamped 23rd June 2009 and 3884-63 date stamped 24th August 2009, Letter from Hospice Shops dated 9th June 2009.
6 October 2009 09/01056/C Page 4 of 5
The premises shall be used only for the sale and storage of bulky furniture and large household goods and for no other purpose (including any other purpose within Class 1, Schedule 4 of the Town and Country Planning (Permitted Development) Order 2005) and for the storage and distribution of goods (Class 6, Schedule 4 of the Town and Country Planning (Permitted Development) Order 2005), or in any provision equivalent to that Class in any statutory document revoking and re-enacting that Order with or without modification.
Definitions:
The definition of a bulky good is a product that by reason of its size and/or weight requires a large display area and cannot be readily transported by means of public transport.
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 : 1/4/09 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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