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The application site comprises the curtilage of Eden Park Garden Centre on the Cooil Road in Braddan. The site lies to the north of the A24 off the Cooil Road, to the south of the Spring Valley Industrial Estate.
The proposed development comprises the erection of a timber shed for the sale of aquatics and pets from the application site.
The application site and surrounding area has been the subject of a number of previous planning applications that has resulted in the erection and operation of Eden Park Garden Centre. One of these previous planning applications is considered specifically material to the assessment of the current planning application:
Planning application 03/00344/B sought approval for the erection of a garden and machinery centre to include retail area, offices, restaurant, ancillary services and parking at Ballapaddagh Farm, Cooil Road, Braddan. This previous planning application was initially considered and approved on 15th July 2003, with the initial approval decision notice issued on 30th July 2003. Condition no. 3 of the planning approval states that "The building may be used generally as shown in drawing reference 4106/004 A except insofar as the items sold may include only those items listed in the applicant's letter of 22nd July 2003." The letter of 22nd July 2003 lists a schedule of twenty five different product types. Copies of the initial approval decision notice and the letter of 22nd July 2003 have been placed on the file for the current planning application.
REPRESENTATIONS Braddan Parish Commissioners have no objection to the proposal. The Department of Transport Highways Division do not oppose to this development. PLANNING POLICY
The application site is located within a wider area of land that is designated as being predominantly industrial use under the Braddan Parish District Local Plan Order 1991.
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application:
"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
"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 planning application seeks approval for the erection of a timber shed [16m (L) x 12m (W) x 3.5 (H)] at the south west corner of the garden centre at Eden Park for the sale of aquatics and pets. The proposed building has three windows and a set of double doors on the front elevation. In terms of assessment the two issues to consider are i) the principle of the proposed use; and ii) the impact of the proposed building.
In respect of i) it is necessary to look at the acceptability of the retail element of the proposal. In terms of this, it can be seen that Business Policy 5 of the Isle of Man Strategic Plan 2007 sets out a presumption against out of town centre retailing unless the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business. Based purely on this policy it could be said that the proposed sale of aquatics and pets does not accord with planning policy and is therefore unacceptable. However, Eden Park Garden Centre is clearly an existing retail development that operates within the application site. As stated earlier in this report the original planning approval for Eden Park Garden Centre (03/00344/B) is subject to a condition (no. 3) that limits the items that can be sold from there to a schedule of twenty five different product types.
The applicant has clarified (see letter of 20th November 2008) that their definition of the sale of aquatics and pets relates to a) the sale of tropical fish, marine fish and cold-water fish; b) the sale of certain reptiles such as lizards, snakes, tortoise and chameleons; and c) the sale of pet foods and accessories including tanks for fish, baskets for pets and bulk feed. Having regard to condition no. 3 of previously approved planning application
03/00344/B and the items permitted to be sold set out by the associated letter of 22nd July 2003 it can be seen that the items proposed to be sold under the current planning application come under item 10 (aquatic gardens, garden pools and accessories) and item 20 (fish, reptiles, aquatic and vivarium equipment sundries and food) of the original product schedule. Whilst the previous planning approval relates to the building rather than the wider application site it would be unreasonable not to consider the principle of such sales to be relevant to the application site for the current planning application. As the products proposed to be sold from the proposed building could be legitimately sold from the existing building contained within the application site it is therefore considered that the proposed retail element of the proposal is acceptable, subject to a condition restricting sales to as defined within the applicant's letter of 20th November 2008. Such condition would be similar to condition no. 3 attached to previously approved planning application 03/00344/B.
In respect of ii) it is considered that the impact of the proposed building is relatively limited due to its scale, appearance and position within the overall Eden Park Garden Centre site. The impact of the proposed building is therefore considered to be acceptable.
It is recommended that the planning application be permitted.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
The Department of Transport Highways Division; and Douglas Corporation.
I confirm that this decision accords with Government Circular No 32/07 (Delegation of Functions to Senior Planning Officer) and GC 33/07 for Advertisements.
Decision Made : Permitted Date: 27/11/08
Signed: _________________________ Senior Planning Officer
| Recommendation | |
|---|---|
| Recommended Decision: | Permitted |
| Date of Recommendation: | 25.11.2008 |
| Conditions and Notes for Approval / Reasons and Notes for Refusal | |
| C : Conditions for approval | |
| N : Notes attached to conditions | |
| R : Reasons for refusal | |
| O : Notes attached to refusals | |
| C 1. | The development and use hereby permitted shall commence before the expiration of four years from the date of this notice. |
| C 2. | This approval relates to the submitted drawings 01, 02, 03, 04 and 05 all received on 16th September 2008. |
| C 3. | The building hereby permitted by this planning approval may be used only for the sale of aquatics and pets in accordance with the applicant's letter of 20th November 2008. For the avoidance of doubt the sale of aquatics and pets relates to i) the sale of tropical fish, marine fish and cold-water fish; ii) the sale of certain reptiles such as lizards, snakes, tortoise and chameleons; and iii) the sale of pet foods and accessories including tanks for fish, baskets for pets and bulk feed. |
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