Loading document...
Application No.: 09/01670/C Applicant: Mr Malcolm Charles Crellin Proposal: Change of use from industrial to retail Site Address: - Unit 21A - South Quay - Douglas - Isle Of Man - IM1 5AR ### Considerations Case Officer: Ms Henrietta Hopkins Photo Taken: 09.12.2009 Site Visit: 09.12.2009 Expected Decision Level: Planning Committee ### Written Representations ### Consultations Consultee: Highways Division Notes: do not oppose has no traffic management, parking or road safety implications. Consultee: Douglas Corporation Notes: No objection Consultee: Disability Access Officer Notes:** we would recommend that a platform lift is fitted which will make the mezzanine level accessible to everyone.
This application is recommended for consideration by the Planning Committee rather than under delegated powers as it could be contrary to the Isle of Man Strategic Plan 2007 and is recommended for approval.
The application site relates to an industrial building located in South Quay Industrial Estate. The property is Unit 21A which relates to a detached single storey building split into two units.
The applicant seeks approval for a change of use from industrial to retail for the sale and display of carpets and blinds. The proposed opening times are from 9am to 5pm. There are no external changes proposed in this application. There will be a mezzanine level within the building.
The application site is located within a 'Light Industrial' area in the Douglas Local Plan Order 1998. The Isle of Man Strategic Plan 2007 contains policies which are considered specifically material to the determination of the application – Strategic Policy 9, Business Policy 5 and 10.
Strategic Policy 9 states the following:
"All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8."
18 January 2010 09/01670/C Page 1 of 4
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: a) the items to be sold could not reasonably 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 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 shopping 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."
There have been no recent planning applications on this site which are considered relevant in the determination of the application.
Douglas Corporation has raised no objection to the proposed development. Department of Transport have raised no objection to the proposed development. The Access Officer recommends that there should be a platform lift fitted to make the mezzanine level accessible to everyone.
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. Strategic Policy 9, Business Policy 5 and Business Policy 10 of the Isle of Man Strategic Plan 2007).
The key issue here is to 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: a) the items 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 site and their sale could not 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 or the appropriate town centre shopping area."
The Size and Nature of the 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 be sold from a high street or town centre location. These are motor vehicles, builders' materials, agricultural equipment and feed.
Contact was made with the agent to submit a supporting planning statement for the proposed change of use. A letter was received on the 17th December 2009 stating the following:
"Unit 21A has been chosen as a desired location for the retail of carpets and blinds for a number of reasons outlined below:
a) size (both floor and roof height) of the property allows full length rolls of carpet to be kept in stock. This provides customers with a quick delivery option plus the added benefit of lower costs.
b) Outlet frontage allows delivery of carpet from island carriers to be handled with ease and in the safest environment possible. The outlet doors open to the full height and width to allow this.
c) Parking is within close proximity to the property which allows customers to take home sample books (some which can be fairly heavy) and also smaller cuts of flooring if they wish.
d) Other properties in the town centre within the budget set for the rental expense have unofficially been reviewed. However, due to the nature of the building style found in the centre, they do not contain the adequate height or space to allow the use of specialised displays such as 4 metre high carpet racks.
Over the last few years carpet retailers have been moving further out of town, I believe Unit 21A South Quay will bring customers back into the town centre and increase Douglas' vitality and viability as a business/retail area. To replace what was an old, tired workshop into a new showroom will enhance South Quay and bring potential customers to other businesses in the area."
It is considered that the proposed development accords with Business Policy 5(a) in that the items sold could not be sold from a town centre location because of their size or nature. The goods sold are carpets and blinds and because of their size and weight require a building with both a large floor area and high roof height, with close parking facilities for customers.
The next part of the assessment is whether the proposed development would detract from the vitality and viability of Douglas Town Centre. It is considered that the goods to be displayed and sold in the proposed location will not affect the vitality and viability of the town centre as it is not considered to be window or impulse shopping but shopping for a specific need.
The power to impose conditions is an important consideration. Development should not be refused if conditions can be attached which will make the development acceptable. It is considered that restricting the use of the goods sold at the proposed store will ensure the vitality and viability of Douglas town centre will not be undermined, thus making the proposed application acceptable.
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.
In conclusion it is considered that the proposed change of use is acceptable. The proposed use is judged not to affect the vitality and viability of Douglas town centre for the reasons stated above. A 'positive condition' will make the 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 also judged that the proposed use will not have a detrimental impact on the surrounding area or neighbouring properties.
For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted.
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:
18 January 2010
09/01670/C
The Access Officer would not be afforded Interested Party Status as the comments made are for internal changes to be made.
Recommended Decision: Permitted
Date of Recommendation: 18.01.2010
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the submitted Drawing Nos. Loc 1, GF 1 and RF 1 received on 13th October, 2009.
C 3. The premises shall be used for the sale and display of carpets and blinds and for no other purposes, 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 modifications.
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 :
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
Copyright in submitted documents remains with their authors. Request removal
