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Application No.: 09/01454/C Applicant: H M Enterprises Proposal: Change of use from light industrial or storage/distribution purposes to the sale and display of graded bulky electrical goods Site Address: Unit 1 Of New Industrial Building Formerly Island Fixings And Fittings Hills Meadow Industrial Estate Douglas Isle Of Man ### Considerations Case Officer : Ms Henrietta Hopkins Photo Taken: 02.11.2009 Site Visit: 02.11.2009 Expected Decision Level: Planning Committee ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose Consultee : Douglas Corporation Notes: No objection
This application is recommended for consideration by the Planning Committee rather than under delegated powers as the proposed development is contrary to the provisions of the Development Plan and is recommended for approval.
The application site comprises Unit 1 of a new industrial building (formerly Island Fixings and Fittings Ltd), Hills Meadow Industrial Estate, Douglas.
The proposal is for a change of use from light industrial or storage to the sale and display of graded bulky electrical goods. The applicant will not name the prospective tenant for Unit 1 at this stage for reasons of confidentiality, but can reveal that it will be a long standing Manx business.
The application site is designated as 'Light Industrial Use' in the Douglas Local Plan Order 1998. Within the adopted Isle of Man Strategic Plan, the following policies are considered relevant - General Policy 2, Business Policy 5 and Business Policy 10.
General Policy 2 states the following:
"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:
Business Policy 5 states the following:
"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:
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 area."
Business Policy 10 states the following:
"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."
The following planning applications should be considered relevant in the assessment and determination of this application:
07/00875/B - Demolition of existing building and erection of a two storey building for warehousing, retail and administration purposes - Permitted (7th September 2007).
08/02280/B - Erection of a building to provide four units for industrial or storage/distribution purposes - Permitted - (29th January 2009)
09/01453/C - Change from the builder's compound to car park for use in connection with newly constructed industrial unit - Permitted (2nd October 2009)
REPRESENTATIONS The Department of Transport raise no objections to the proposed change of use. 4 November 2009
Douglas Corporation raises no objections to the proposed change of use.
ASSESSMENT
Given the nature of the proposed development it is therefore appropriate to assess the proposal against the policies identified earlier within the report (i.e. General Policy 2, Business Policy 5 and Business Policy 10 of the Isle of Man Strategic Plan 2007).
The key issue here is whether to allow retailing within an Industrial Estate. The main policies to consider are Business Policy 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 Isle of Man Strategic Plan 2007. Business Policy 5 states that "on land zoned for industrial use, permission will be given 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 or the appropriate town centre shopping area."
The size and Nature of Goods
Paragraph (a) of the policy refers to bulky goods. It should be noted that paragraph 9.2.6 of the Strategic Plan provides some examples of bulky 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's agents consider that the proposal would not undermine the provisions of Business Policy 5 and they have set out their justification as follows:
"The prospective tenant has a town centre location for the display and sale of new electrical goods, and that location will continue. The storage, display and sale of graded bulky electrical items would be an extension to their present business which cannot be accommodated at their existing premises."
"We would expand on the type of business involved at the new premises. The goods are bulky large electrical appliances such as washing machines, tumble driers, dishwashers, fridges, freezers, cookers and televisions and the like. Because of their size and weight they require vehicular transport close by to enable customers to take them away, as they could not be carried home or be taken on public transport."
"The goods are graded in that they may be damaged in some way and a customer would need to examine each item before making a purchase, unlike new goods where only a limited display would be required of a typical example. Hence a large display area is required."
"The site at Hills Meadow is better suited for bulky deliveries from large vehicles than a town centre location."
"The subject of increased parking requirements for customers to their premises is covered by a separate Planning application, as recommended by a Planning Officer."
4 November 2009
"The type of goods to be displayed and sold are not available in Douglas town centre although there are numerous examples of 'out of town' businesses selling similar goods. A very similar operation has recently been approved on River Lane Industrial Estate." "It is not expected that locating this type of business out of town centre would affect the vitality and viability of the town centre as is not considered to be window or impulse shopping but shopping for a specific need."
It should be noted that the applicant's agent has clarified that the prospective tenant has looked at other premises within Douglas town centre and elsewhere but has not been able to find any sites suitable in size or availability with nearby customer parking. The applicants' comments are as follows: "Most of the units at Cooil Road and Spring Valley Park, at the back of B\&Q, are unsuitable because of the large volume of heavy vehicles up at the sites. In addition the general appearance of the units, lack of parking spaces, the poor location in relation to the image we want to project and the units being too large are other reasons why the units are unacceptable. Middle River Industrial Estate also has similar problems. Various locations around Douglas including other units at Hill Meadow have been examined but have lack of space and car parking, with no retail use on the units."
There are a number of shops within Douglas that sell electrical/electronic equipment such as the Manx Electricity Authority showroom formerly on Ridgeway Street and now in the Strand Centre, and Colebourns on Victoria Street. These retail shops sell a number of items that will be sold at the application site. However, the major difference between these shops and the proposal is that the goods that are proposed to be sold at Unit 1 will be graded goods. Graded goods include damaged, returned goods, seconds, shop soiled and reconditioned goods, which would not be found in normal retail shops as they are not perfect. Each product is individually unique due to their condition, and customers would have to closely inspect the goods prior to the purchase compared to a town centre retailer. It is considered that these items cannot be reasonable sold from a town centre location because of their size and nature. It is therefore considered that paragraph (a) of Business Policy 5 of the Isle of Man Strategic Plan has been satisfied.
The Vitality and Viability of the Town Centre The next part of the assessment is whether the proposed development would detract from the vitality and viability of Douglas Town Centre. The overall floor area to be used for retail will be approximately 288 sq m . Due to the unusual nature of the goods sold the continued use would not necessarily attract trade away from Douglas Town Centre. It is therefore considered that the proposed use will not impact on the vitality and viability of the town centre. It is also judged that this proposal will not have a detrimental impact on the surrounding area or neighbouring properties and is therefore recommended for approval.
The power to impose conditions is an important material consideration. Development should not be refused if conditions can be attached which will make the development acceptable. It is considered that restricting the goods that can be sold by this store will ensure that the vitality and viability of Douglas town centre will not be undermined, thus making the proposed development acceptable. Although each application is considered on its own merit, a change of use from storage/light industrial to storage and display for sale of electrical goods was granted permission at Units 1, 2 and 7 Middle River Industrial Estate. The application was granted permission in April 2009 subject to conditions; one of them being "the premises shall be used only for the sale and storage of graded bulky electrical goods and for no other purpose (including any other purpose within Class 1, Schedule 4 of the Town \& 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."
In terms of highway safety there will be no traffic management, parking or road safety implications and therefore the highway adviser has raised no objection to the proposed development. The
applicant submitted another application to increase the parking requirements for its customers. This application was approved October 2009.
In conclusion it is considered that the proposed change of use is acceptable. It is recognised that the scale of some bulky goods can be more effectively achieved from out-of-centre locations. The proposed change of use is judged not to affect the vitality and viability of Douglas town centre as there are only a few shops selling similar goods within the centre. Furthermore, the goods sold at this unit will differ from the retail shops seen on the high street as they will be graded goods. A 'positive condition' will make this proposed change of use acceptable and ensure that this unit does not subsequently change its character which could impinge on the vitality and viability of Douglas town centre.
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
Conditions and Notes for Approval / Reasons and Notes for Refusal
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the submitted Drawing Nos. 243/2/1 Rev A, 243/2/2 Rev A, 243/2/6 Rev C, 243/2/8 Rev C, 243/2/11 received on 1st September, 2009.
The premises shall be used of the sale and storage of graded bulky electrical 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, or in any provision equivalent to that Class in any statutory document revoking and re-enacting that Order with or without modification.
Definitions:
For the avoidance of doubt, "graded" means damaged, ex-demonstration, returned goods, seconds, shop soiled and reconditioned goods.
4 November 2009
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: [Signature] Committee Meeting Date: 12/11/09 Signed: [Signature] 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 November 2009 09/01454/C Page 6 of 6
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