Officer Planning Report

Application No.: 08/01606/B Applicant: Pro Tours (IOM) Ltd Proposal: Conversion of warehouse to coach depot Site Address: - Ballasalla Airport Garage - Douglas Road - Ballasalla - Isle Of Man - IM9 2AN ### Considerations Case Officer: Miss S E Corlett Photo Taken: - Site Visit: - Expected Decision Level: - Delegation ### Written Representations - Silverburn Farm: Ballamodha Straight Ballasalla Isle Of Man - Objects to the proposal ### Consultations Consultee: Highways Division Notes: - Oppose 21.10.08 - Do Not Oppose - Transport Statement provided traffic management satisfactory to our requirement. Consultee: Malew Parish Commissioners Notes: Do Not Object Consultee: Drainage Division Notes:** No Objection, subject to conditions. See letter.

Officer's Report

The Site

The site represents a rectangular piece of land which sits to the south east of the A5 Douglas Road in Ballasalla and backs onto Balthane industrial estate. To the north east is a vacant industrial plot and to the south west is land which is part of the Freeport (see Statutory Document 673/05). The site has on it a fuel filling station which fronts onto the road and at the rear is a large span building adjoining the filling station shop. There is space around all of the buildings, giving access to the rear on both sides of the filling station building.

Planning Status

The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Existing Predominantly Industrial.

5 November 2008 08/01606/B Page 1 of 4

Planning History

Case Number 00/00706/C Change of use of garage to create warehouse, retail and associated offices Initial Decision - Permitted

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. The retail area shall be restricted to that indicated on Drawing No: 2000-0020-001. No retail sales are permitted from the warehouse area.
3. The sale of hot food to be consumed on or off the premises is not permitted.
4. There must be no discharge of surface water to the main foul sewer.

Case Number 92/01328/B Replacement of forecourt canopy, Ballasalla Airport Garage, Douglas Road, Ballasalla, Malew. Initial Decision - Permitted Case Number 92/01329/B Replacement of price sign in forecourt, Ballasalla Airport Garage, Douglas Road, Ballasalla, Malew. Initial Decision - Refused

Case Number - 93/00322/B Replacement of windows to shop and office, Airport Garage, Douglas Road, Ballasalla, Malew. Initial Decision - Permitted

Case Number 95/00822/D Proposal - provision of advertising signage Initial Decision - Permitted Case Number 95/01067/D Installation of advertising signs, Airport Garage, Douglas Road, Ballasalla, Malew. Case Number 00/01411/D Erection of replacement totem pole sign and canopy fascia signs Initial Decision - Permitted Case Number 01/00470/B Proposal - Additional use for retail unit to sell hot and heated food Initial Decision - Permitted

1. 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.
2. This approval relates to the sale of hot and heated food for consumption off the premises.

Case Number 04/01278/B Change of use for part of land for coach parking, which will then be classed as an operating centre. Initial Decision - Permitted

1. 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.
2. This permission relates to the keeping when not in use of one coach, two single deck buses and two minibuses on the area identified in red on the plan received on 23rd June, 2004.

The Proposal

Proposed now is the removal of a single garage on the south western side of the building and the consequent loss of two windows in this elevation. Also proposed is the change of use of the building from a warehouse to a coach depot. Further information has been received which indicates the installation of no parking areas at the front of the site to maintain access to the rear of the site, a painted arrow to indicate the flow of traffic across the frontage and the installation of signage to indicate HGV and PSV traffic only at the south western edge of the frontage.

Representations

Malew Parish Commissioners request a deferral pending a site visit. Department of Transport Drainage Division recommend a condition regarding the discharge of material to any public sewer or watercourse. This is a matter for the Sewerage Act, not planning legislation and as such should not be referred to in the planning decision notice.

The owner of Silverburn Farm who is in the process of purchasing the adjacent site registers an interest in the proposal and queries whether there is sufficient information to enable a decision to be made, particularly in respect of access and egress and whether maintenance would be undertaken at the site.

Department of Transport Highways and Traffic Division raise no objection to the application on the basis that traffic management has been incorporated into the scheme to their satisfaction.

Assessment

The scheme has been the subject of discussion with the Department of Transport and certain changes have been made regarding signage and traffic management within the site including the frontage which accommodates the majority of vehicular traffic. The proposed signage and arrows will direct filling station traffic to the exit which is separate from that which will be used by HGVs and PSVs. The applicant indicates that they anticipate around 40 vehicle movements per week day ( 20 in and 20 out), fewer at weekends, with much traffic tied in with boat departure and arrival times, some of which may be aas early as 5 am or as late as 2 am .

The site is not close to residential property so the vehicular traffic is not likely to be detrimental to the amenity of those living in the immediate area. The site is also well placed in respect of the principal highway network.

Party Status

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.

The prospective owner of the adjacent site should not be afforded party status in accordance with Government Circular 1/06 article 2.1.a as they do not own or reside in land adjoining the site. I have sent various e-mails to this party to seek clarification over whether the site has been purchased but have received no response. As such it is assumed that the adjacent site has not been purchased by the objector and as such he should not be afforded party status.

Recommendation

Recommended Decision: Permitted

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to the conversion of the existing warehouse to a coach depot as shown and described in sheets 1 and 2 received on 15th August, 2008 and the traffic management drawing received on 20th October, 2008.

C 3. Prior to the commencement of the use hereby permitted, the signage and line painting shown in the traffic management drawing received on 20th October, 2008 and described in the accompanying letter of the same date must be in place.

I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to 5.P.0) Director of Planning and Building Control), GC 45/05 for Advertisements and GC 46/05 for Registered Buildings.

Decision Made : Permitted Date : Signed : M. I. McCauley Director of Planning and Building Control