DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Applicant: Hover Kart City Proposal Change of use from motorbike workshop to leisure facility and kart repair workshop Site Address Unit 1B Gladstone Park Industrial Estate Ramsey Isle Of Man IM8 2LA Case Officer : Mrs Vanessa Porter Photo Taken: 23.09.2021 Site Visit: 23.09.2021 Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 26.10.2021

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019, the use hereby approved shall be limited to an indoor recreation facility. REASON: In the interest to protect the character and uses of the neighbouring Industrial Units.
• C 3. The refreshment facilities shown on the submitted plans must be incidental to the main use of the site for recreational purposes and may be used only by patrons of the recreational activities available within the site.

Reason: The site is designated for Industrial Use and the principal use of the site as a cafe would be contrary to this designation.

• C 4. The development hereby approved shall operate between the hours as suggested on the application form; During School Term Monday to Thursday - 3.30pm to 8.00pm Friday - 3.30pm to 9pm Saturday - 10am to 9pm Sunday - 10am to 8pm School Holidays

Monday to Saturday - 10am to 9pm Sunday - 10am to 8pm

REASON: In the interest of neighbouring amenity. This application has been recommended for approval for the following reason. Whilst not in accordance with the land-use designation of the site, the proposed use would not result in a shortfall of buildings for light industrial purposes, would not result in increased flood risk and would provide for a leisure facility and employment and aid revitalisation of the area. Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 28th September 2021: o Drawing No.21/PL100 B

_______________________________________________________________ Interested Person Status – Additional Persons None ________________________________________________________________ Officer’s Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSED USE IS CONTRARY TO THE DEVELOPMENT PLAN THE APPLICATION SITE

1.1 The application site is within the Gladstone Park Industrial Estate, which is situated to the north of the Poyll Dooney Road, directly opposite Close Drean housing estate. The unit itself is unit 1B which is situated to the south east of the original Gladstone Park. - 1.2 The estate itself has a mix of uses from doggy day care/training to gym facility. There is also a wide range of non-marked parking available around the site, though it was noted during the site visit that several of these were taken up by abandoned vehicles. THE PROPOSAL

2.1 The current planning application seeks approval to change the use of the existing industrial unit into a leisure facility specifically for the use of electric vehicles for children. - 2.2 Between the spaces situated outside the unit there are proposed to be three spaces directly outside and 7 spaces across from the unit. - 2.3 The proposed opening hours are; During School Term Monday - Thursday 3.3pm to 8.00pm Friday - 3.30pm - 9pm Saturday - 10am - 9pm Sunday - 10am to 8pm

School Holidays Monday to Saturday 10am to 9pm Sunday 10am to 8pm

PLANNING HISTORY

3.1 There is a wide range of history on the site of which none is relevant for the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "light industrial" on the Ramsey Local Plan 1998. The site is not within a Conservation Area and whilst the unit itself is not within a Flood Risk Zone it is relevant to note that the roadside outside is within a 'Surface Water - High to Medium Likelihood' risk.

4.2 There are no policies within Planning Circular 2/99, the written statement that accompanies the Ramsey local plan that are considered to be specifically material to the assessment of this application. - 4.3 In terms of the Isle of Man Strategic Plan, the plan welcomes the creation of employment opportunities (Business Policy 1) but discourages retail use of industrial areas (Business Policy

5). The Strategic Plan also encourages the provision of recreation facilities and acknowledges the benefit of this to the population and its quality of life (Chapter 10).

4.4 Due to where the unit is situated General Policy 2 (detailed 'development control' considerations), Transport Policy 4 (requires that the highway network is capable of satisfactorily accommodating the traffic from any development) and Transport Policy 7 (parking standards) are also relevant. Environment Policies 10 and 13 are also relevant due to the Flood Risk to the roadside. REPRESENTATIONS

- 6.2 PRINCIPLE

5.1 The following representations can be seen online in full,

5.2 Highway Services have considered the application and state that they "Do not Oppose," they do recommend electric vehicle charging point and bicycle parking for staff and visitors. (11.08.21) - 5.3 Ramsey Town Commissioners have considered the application and do not object to the proposal but would like to note, "Should this application be approved, the commission recommends the inclusion of a condition in respect of the playing of music and a cap on the hours of opening, to be no later than 10.00pm." (26.08.21) ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - principle of development
• - impact on neighbouring properties
• - flooding
• - highway safety

• 6.2.1 The recent Employment Land Review makes it clear that there is a longer term shortfall in the amount of land for employment purposes (industrial, offices, storage and distribution) within the Island and the conclusion from this, coupled with the Strategic Policies which generally presume against retail use of industrial premises, is that industrial land should be protected for such uses only. However, with the above in mind it is necessary to assess the site

• itself. Gladstone Industrial Estate over time has had a variety of change of uses, with a gym being recently being approved within the new units on the site (PA21/00222/C).
• 6.2.2 It could also be seen from the officer's site visit that several of the units remain empty with only a small proportion of the site being occupied. On balance, whilst not in accordance with the Development Plan, when assessing against the broader principles of General Policy 2, a change to a leisure facility (class 4.4) would not impact the wider character and appearance of the area, nor would it conflict with adjacent uses of the Gladstone Industrial Park Estate. Within the estate the already existing Class 4.4 uses are few and as such should not cause conflict but it would be necessary to condition any change of uses to prevent additional pressure on parking within the area.
• 6.3 IMPACT ON NEIGHBOURING PROPERTIES

• 6.3.1 When looking as the impact on the neighbouring properties the most relevant impact would be the late night opening of the site. The other uses on the site which are open in the afternoons abide some not as long, as such whilst there is the possibility of some inconvenience due to noise admitted from the site, it would not be out of place for an industrial estate.
• 6.3.2 Whilst the above is the case, a condition should be added to limit the opening and closing times of the site in the interest of the residential amenity of the houses close by.

- 6.4 FLOODING

• 6.4.1 Whilst the DOI Flood Risk Management Team have not commented at the time of writing the report, it is noted that the absence of comments is understandable as the proposal is not adding or increasing the built development but only changing the use of the unit.
• 6.4.2 In terms of possible flooding of the site, in this instance when reviewing the Flood Risk maps most of the surface water flooding is situated within the main highway. During the officers site visit it was noted that the unit where the main track is to go is raised up from the main roadways. As such on balance, given the nature and existing uses of the various parts of the buildings on this estate, the proposed change of use would not exacerbate the risk of surface water flooding to this property or adjacent buildings. For these reasons it is not considered necessary to request a flood risk assessment for this development as identified in EP10 and 13.

- 6.5 HIGHWAY SAFETY

• 6.5.1 When looking at the site, it is close to the bus network, due to its location directly near a housing estate and within walking distance to a concentration of population. The variety of different uses within the estate generally means that the traffic generated is day time and week day traffic and as such there is likely to be capacity on the roadways and adjacent parking areas to accommodate any vehicles which cannot be accommodated on the site from the change of use, as such there should not be an adverse impact on the highway network in the vicinity of the site.
• 6.5.2 Highway Services have considered the merits of the proposal, access to and from the site from the highway, as well as parking and highway safety. As the transport professionals their comments are heavily relied upon and as they do not object, the proposal would be aligned with the principles of GP2 (h&i). CONCLUSION

7.1 On balance, whilst not in accordance with the Development Plan, taking note of the age of the site and its history, the proposed use of this unit as a leisure facility (with no retail) will

assist the site in some revitalisation which is much needed. The proposal is also close to the town centre and residential dwellings which will assist in active travel strategies.

7.2 The proposed change of use is considered not to adversely affect the surrounding residential properties but it is noted that a condition on the closing time should be attached.

7.3 With the above in mind the application is recommended for approval. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : …Permitted……….... Committee Meeting Date:…01.11.2021

Signed :…………V PORTER…….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

PLANNING COMMITTEE DECISION 01.11.2021

Application No. : 21/00810/C Applicant : Hover Kart City Proposal : Change of use from motorbike workshop to leisure facility and kart repair

workshop

Site Address : Unit 1B Gladstone Park Industrial Estate Ramsey Isle Of Man IM8 2LA Planning Officer : Mrs Vanessa Porter Presenting Officer As above (correct manually if not the case officer) Addendum to the Officer’s Report Planning Committee accepted the recommendation of the case officer with the following alterations to Conditions 2, 3 & 4,

• C 2. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019, the use hereby approved shall be limited to an indoor hoverkart facility. Reason: In the interest to protect the character and uses of the neighbouring Industrial Units.
• C 3. No refreshment facilities may be provided other than those shown on the approved plans, and any refreshment facilities provided may be used only by patrons of the hoverkart facility hereby approved.

Reason: The development has been assessed on the basis of a leisure use with incidental café therefore any use as a stand-alone café site would need to be re-assessed, given that the development has been approved contrary to the land use designation of the development plan due to the specific circumstances of the application.

• C 4. No customers shall be allowed to remain on-site outside the hours of; During School Term Monday to Thursday - 3.30pm to 8.00pm Friday - 3.30pm to 9pm Saturday - 10am to 9pm Sunday - 10am to 8pm

School Holidays Monday to Saturday - 10am to 9pm Sunday - 10am to 8pm

Reason: In the interest of neighbouring amenity.