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The application site is Unit 10 of Harmat Court within Balthane Industrial Estate, Ballasalla. The site is within an area zoned as predominantly industrial land within the Isle of Man Planning (Development Plan) Scheme Order 1982.
This application seeks permission to convert a unit from light industrial use to retail use. The unit will be used to display kitchen furniture, which is made in the adjoining workshops. The unit will not be staffed full time but will be open by appointment.
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, 9 & 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:
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".
The following previous applications are considered relevant in the consideration of this application: 06/01646/B – Extension to create workshop units, infilling between approved units – granted 7th November 2006 06/1171/B – Amendments to roof slope on workshop wings of approved units – granted 17th August 2006
05/00532/B – Change of use of recently approved workshop wing (04/01704/B) to stores and erection of an additional stores extension – granted 8th June 2005
04/01704/B – Extensions to storage units to create additional units – granted 25th February 2005
01/01739/B – Erection of workshop and storage units – granted 19th February 2002
The Highways Division of the Department of Transport have objected to the application on the ground that one off street parking space is inadequate to serve the needs of this development.
Malew Parish Commissioners do not object to the application.
Standard comments have been received from the Isle of Man Fire and Rescue Service.
A resident of Port Soderick outlines the policy issues relating to the change of use but does not believe the proposal would harm the viability of Castletown by allowing this proposal, subject to suitable condition.
The key issue here is whether to allow retailing within an Industrial Estate. 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:
In relation to paragraph (a) of the policy, kitchen furniture can be sold from a town centre location since the furniture tends to be display units for customers to view. Such locations do not require excessive storage facilities to stock the furniture as the furniture is made to order in another location and then fitted out in the customer's home.
In relation to paragraph (b), the applicant has indicated that the furniture is made in the adjoining units. The sale of the furniture can be reasonably severed from the overall business since the location of the showroom does not have to be necessarily next to the manufacturing base.
In summary, the proposal would not accord with the exceptions allowed in Business Policy 5 of the Strategic Plan. Therefore allowing this proposal would be contrary to the adopted policies of the plan.
However, if the Planning Committee are minded to grant planning permission on the basis that the proposal is relatively small scale and it involves bulky goods which are made in the adjacent workshop, it is recommended that a personal planning permission be granted so as to restrict the use to the applicants. This will ensure that a permanent retail use will not be established within the industrial estate.
The Department of Transport have objected to the application on the ground that one off street parking space is inadequate to serve the needs of this development. The proposal will not generate significant traffic loads to the site as the customers would turn up on an appointment basis. Furthermore, there is sufficient parking within the estate. It would be inappropriate to refuse the application on the lack of parking in this instance.
It is recommended that the application be refused for the above reasons.
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.
Whilst the Isle of Man Fire and Rescue Service represents a statutory authority, the points raised in correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance.
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:
Accordingly the following parties are not afforded interested party status:
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The proposed change of use would be contrary to Business Policies 5 and 10 of the Isle of Man Strategic Plan 2007 in that items can be sold from a town centre location and that the use may be severed from the overall business. There is no exception to allow the retailing use within an area zoned for industrial use.
Decision Made : ... Committee Meeting Date : ...
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