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The application site comprises of a parcel of land contained within Tromode Estate in Onchan.
The planning application seeks approval for the erection of an industrial unit with associated hardstanding and car parking on the application site. It is proposed that 50% of the floorspace be used for storage and trade sales of janitorial goods and the other 50% be used as a car showroom.
The application site for this current planning application has been the subject of two previous planning applications that are considered to be material to the assessment of the current planning application:
Planning application 02/02108/B sought approval for the erection of an industrial unit with parking, Unit 17, Tromode Estate, Onchan. This previous planning application was initially considered and approved on the 22nd April 2003, with the initial approval decision notice issued on the 28th April 2003. Condition no. 1 of the approval states "The building may only be used for light industrial purposes".
Planning application 05/01905/B sought approval for the erection of an industrial unit (amendment to approved 02/02108/B) to be used for restricted retail use, Unit 17, Tromode Estate, Onchan. This previous planning application was considered and refused on the 6th January 2006, with the refusal decision notice issued on the
16th January 2006. The reason for refusal states "Tromode Estate is in a designated industrial area, for a retail unit to be acceptable the application must provide adequate information to justify that the goods proposed to be sold in the industrial area cannot reasonably be sold from town centre locations. This application does not provide exact details of goods to be sold at the proposed unit and therefore until an application can provide the exact details of what type of goods would be sold, the proposal is unacceptable."
The surrounding estate has also been the subject of a number of previous planning applications that are considered to be material to the assessment of the current planning application:
Planning application 02/01929/B sought approval for the erection of a unit for the storage, display and sale of furniture with associated design administration and car parking, Unit 18, Tromode Estate, Onchan. This previous planning application was initially considered and approved on the 20th March 2003, with the initial approval decision notice issued on the 24th March 2003. The approval was confirmed by the Planning Committee at review on the 16th May 2003, with the review approval decision notice issued on the 22nd May 2003. A subsequent appeal against the approval was dismissed by the Minister, with the appeal approval decision issued on the 3rd September 2003. Condition no. 3 of the approval states "Units B, C and D shown on submitted Plan No. 55/26/3 may be used for the display, storage and sale of large items of furniture – chairs, beds, tables, sofas, cabinets, cupboards, together with facilities for the design of interior layouts to be created and the administration of the operation." Condition no. 4 of the approval states that "Unit A shown on the submitted plan shall only be used for industrial purposes and not for any form of retail activity."
Planning application 06/01114/B sought approval for the conversion of existing warehouse to warehouse and bathroom and tile showroom, Units E & F, Tromode Estate, Onchan. This previous planning application was considered and approved on the 27th October 2006, with the approval decision notice issued on the 30th October 2006.
Planning application 06/01471/C sought retrospective approval for the use of the premises for the operation of a vehicle hire, sales and repair business, Unit H, Tromode Estate, Onchan. This previous planning application was considered and approved on the 5th October 2006, with the approval decision notice issued on the 9th October 2006. Condition no. 2 of the approval states that "Unless approved by a subsequent planning application the repair of vehicles within the application site is hereby limited to vehicles that are to be either rented or sold from the site."
Planning application 06/01513/R sought retrospective approval for the continued use of unit for car workshop and sales, Unit 15a, Tromode Estate, Onchan. This previous planning application was considered and approved on the 19th October 2006, with the approval decision notice issued on the 20th October 2006. Condition no. 3 of the approval states that "Unless approved by a subsequent planning application the repair of vehicles within the application site is hereby limited to vehicles that to be sold from the site."
Onchan District Commissioners also cite previous planning application 04/02258/B within their representation. Planning application 04/02258/B sought approval for the division of unit A of unit 18 into two units with new entrance and rear loading bay, Unit 18, Tromode Estate, Onchan. This previous planning application was initially considered and approved on the 10th December 2004, with the initial approval decision notice issued on the 20th December 2004. Condition no. 3 of the approval states "This building may only be used for industrial purposes and not for any form of retail activity."
Onchan District Commissioners recommend approval for the erection of the building, parking and hardstanding and the use of half of the building as trade warehouse/distribution centre. They object to the use of half of the building for car sales as they have concerns that the introduction of car sales into an industrial area is not justified and that the application does not give adequate reason why the operation could not be undertaken within a town centre location. They cite previous planning applications 05/01905/B and 04/02258/B as supporting their view.
The Disability Access Office requests that the needs of disabled access are taken into account.
The Isle of Man Water Authority requests that an informative note be attached to any approval decision notice.
The application site is within area defined as being in light industrial use under the Onchan Local Plan. Policy O/I/P/3 of the written statement (Planning Circular 1/2000) that accompanies the Onchan Local Plan states:
"Where land is designated for industry, the accepted use of this land will be for light industrial purposes as is defined in the 1982 Development Plan Order: that is
"light industrial building (not being a special industrial building in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of the area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit or undue generation of traffic or parking of vehicles". (Part 1, paragraph 2 – page 2).
The emerging Island Strategic Plan makes reference to retailing within areas zoned for industrial use. Specifically Business Policy 4 of the modified draft written statement that was considered at the public inquiry states:
"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 shopping area."
The Inspector's recommendations do not propose any change to this policy.
Given the nature of the estate and its zoning within the Onchan Local Plan the principle behind the erection of an industrial unit is acceptable. In terms of the planning application it is relevant to assess the size of the building, its impact on the area and the proposed use of the building.
Turning to the proposed use of the building it is considered that both proposed uses are appropriate uses with the estate. Previous planning application 05/01905/B was refused on the grounds that the proposed sales from the unit were not known and therefore could not be restricted to goods that could not be reasonably sold from a town centre location. This position has been overcome by the detail within the current proposal. It is reasonable to say that the overall use of the estate is becoming more diverse, with existing uses ranging from car body repairs to furniture sales. The sale of motor vehicles is not generally recognised as being a town centre retail use. As such the two proposed uses are in accordance with Business Policy 4 of the emerging Island Strategic Plan. Given the stage of the Island Strategic Plan and the acceptance of the policy by the appointed Planning Inspector it is considered that significant weight has to be attached to it.
Levels of car parking proposed with the unit are in accordance with the normal requirements for such development and in any event there is a relative amount of general parking space within the overall estate. The design of the proposed building is relatively high quality for an industrial unit and acceptable.
It is recommended that the planning application be approved.
It is considered that all parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status.
| Recommendation | |
|---|---|
| Recommended Decision: | Permitted |
| Date of Recommendation: | 03.11.2006 |
| Conditions and Notes for Approval / Reasons and Notes for Refusal |
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
C 3. This approval relates to drawing no.s 55/01/1, 55/30/3A, 55/30/4A and 55/30/5 date stamped the 26th September 2006.
C 4. Unless approved by a subsequent planning application the use of the building shall be for 50% warehousing and trade sales and 50% car sales.
C 5. Unless approved by a subsequent planning application the repair of vehicles within the application site is hereby limited to vehicles that are to be either rented or sold from the application site.
N 1. For water connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the Isle of Man Water Authority Planning and Projects Section, telephone 695958.
N 2. The applicant is recommended to consider the needs of disabled access.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : 3/11/06
Signed : M. I. McCauley Director of Planning and Building Control
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