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The application site represents the curtilage of Shoprite, Derby Road, Peel. The existing store is situated on the northern side of the road with the Peel Medical centre to the west, the properties of Close Cubbon to the north, part of Peel Clothworker's School playing fields and The School House to the east and properties of Derby Road to the south. The existing building is single storey and is situated towards the eastern side of the site. Vehicular access is gained from Derby Road with additional pedestrian access being available from Mountain View and Derby Drive. The site provides parking and the existing pedestrian access to the store itself is via two ramped walkways at the western elevation.
The application site is located within an area identified as being Retail use by the Peel Local Plan (Planning Circular 6/89). Paragraph 2.1 of the Peel Written Statement states "The retail centre of Peel with the exception of Shoprite, is based largely on the sector which includes the Market Place, a section of Douglas Street, the Length of Michael Street and Atholl Place."
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered relevant: General Policy 2, which states: "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:
Business Policy 9, which states: "The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment."
Business Policy 10, which states: "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 planning applications are considered relevant in the assessment and determination of this application:
86/00183/A sought approval in principle to erect a single storey retail outlet, form associated car parking and relocate electricity substation. This was approved.
88/00676/B sought approval for the erection of a retail store with associated car parking. This was approved.
89/01664/B sought approval for the construction of a petrol filling station. This was refused. 89/01727/B sought approval for alterations to provide extra car parking facilities. This was approved. 94/00631/B sought approval for car parking, land adjoining Shoprite. This was approved. 95/00684/A sought approval in principle for the extension of the existing premises. This was approved.
98/00116/B sought approval to extend the store. This was approved. 99/00528/B sought approval for the extension of the store. This was approved. 99/01915/B sought approval for the erection of an entrance porch. This was approved. 02/01752/B sought approval for the erection of an extension (comprising an amended scheme to 99/00528/B). This was refused with the reason for refusal stating "The proposed extension, in particular the section which projects beyond the front face of the building would have an overbearing impact on the residents of Numbers 13 and 14 Close Cubbon by virtue of its proximity to the northern boundary of the site and resulting shadowing effect."
The Department of Transport Highways Division does not object to this application. Peel Town Commissioners do not object to this application. The Isle of Man Fire and Rescue Service has commented on this application in relation to Building Control issues.
The Manx Electricity Authority has commented on this application in relation to overhead lines/underground cables and requests that a note relating to this be attached to any subsequent approval.
Mr Crookall MHK has requested that he be kept informed of the outcome of this application.
The owner/occupier of Thie y Cheim, Mountain View, Peel objects to this application. Their reasons for objecting may be summarised as concerns that the extension would bring the building closer to their property, and concerns of noise and smells emanating from the site. It is advocated that a new store be constructed on the outskirts of Peel.
The owners/occupiers of 25 Mountain View, Peel objects to this application. Their reasons for objecting may be summarised as concerns that the site is surrounded by residential development and concerns that noise and smells may emanate from the site. Existing problems of people congregating behind the building are also raised. Following the re-advertisement of amended plans and a submitted Retail Assessment, additional comments have been received relating to noise and disturbance and anti-social behaviour.
The owners/occupiers of 13A Westwinds, Close Cubbon, Peel object to this application. Their reasons for objecting may be summarised as concerns of loss of light and noise. It also stated that the proposed extension would prevent them from extending their property. Comments are made relating to a lack of community gain, the appearance and scale of the building and impact upon other shops in Peel.
The owners/occupiers of Rose Cottage, Derby Road, Peel objects to this application. Their objection may be summarised as concerns that the proposed development will adversely affect road safety and result in a loss of parking for residents. A subsequent representation was received following the re-advertisement of the application. Additional comments were made in relation to traffic generation, the proposed pedestrian access, the loss of trees, health and safety. It is argued that the central location of the proposal site is inappropriate for a retail store and that a location on the town's outskirts would be more suitable.
The owner/occupier of The School House, Derby Road, Peel objects to this application. Their objection may be summarised as concerns relating to noise, loss of light, litter and loss of parking spaces for residents.
The owners/occupiers of 14 Close Cubbon, Peel object to this application stating that the proposed extension would bring delivery vehicles closer to their property creating noise and fumes, that the car park will be used over a 24 hour period and that previously the boundary wall of their property has been damaged by vehicles using the car park.
This application seeks approval for the alteration and extension of the existing Shoprite store on Derby Road, Peel. The building would be extended to the north and the east with the existing car parking arrangement being altered. A new pedestrian entrance would be created in the south elevation with the existing entrance and ramp way being removed. Additional parking spaces would be created to the north east of the site. The floor area of the building would be increased from approximately 690 sq m to 1487 sq m. Materials proposed would match the existing building. A plan was submitted 2nd October 2008 showing minor alterations to the previously submitted car park plan. It was considered that whilst the changes were very minor in nature, those persons that had previously submitted comments should be afforded an opportunity to comment further. To this end a letter was sent to all those parties that had submitted comments advising that the plans were available to view at the planning office and Peel Town Commissioner's office.
The site is zoned specifically as Retail use by the Peel Local Plan and the principle of having a retail store on the site has been established through planning approval for the existing store. It is considered that the principle of extending the existing supermarket building is acceptable. Indeed previously approved planning applications for extensions to the store confirm that this is the case.
15 December 2008
08/01260/8
The Strategic Plan advocates that retail development be located within town centres in order to promote sustainability and reduce the need to travel between sites. Such an approach also ensures that retail provisions are available to all members of the community. It is judged that the site location would allow this policy approach to be achieved effectively. There are no areas designated as retail use on the outskirts of the town which is reflective of the long standing approach of directing retail developments to areas in which they are easily accessible to all.
It is judged that the key considerations in the assessment and determination of this application are the potential impact upon highway safety, impact upon neighbouring properties and adjacent landuses and the design of the proposed extension.
The Department of Transport Highways Division has indicated no objection to the proposed development. The proposal would provide an increased number of parking spaces as a result of rearranging the current layout and adding more spaces to the northern part of the site. A new pedestrian access would provide more permeability to users of the site coming from Derby Road and the introduction of the main entrance on the southern elevation which is closest to Derby Road would seem to be an improvement for pedestrian access to the store. The proposal would be partly built on an area of existing parking to the immediate south east of the site. The application includes a letter from Peel Town Commissioners (owners of this section of land) setting out that the use of this for the development is acceptable. The planning approval which permitted the creation of the additional car parking to the south east of the existing store did not attach any conditions requiring the parking to be made available to any particular users. As such whilst the concerns raised by third parties that the proposed development would result in the loss of resident's parking are understood, in planning terms the use of this land as proposed is considered acceptable.
The concerns of residents relating to increased traffic are acknowledged, however it is judged that the proposed extension would not result in an unacceptable impact upon highway safety given the comments submitted by the Department of Transport Highways Division, the Statutory Authority on highway safety.
The site is bordered to the north, east and south by residential development. The closest properties are the single storey detached property West Wind situated to the north, and the two storey detached property Thie-Y-Schoil to the west. These properties are approximately 12.5 and 11.5 metres from the proposed extension respectively.
In considering the impact of the extension upon these properties, regard must be had to previously approved extensions and typical standards that might be applied to developments in terms of separation distances. The proposed site plan shows a dashed line which represents the northern extent of the extension previously approved under planning application reference 99/01915/B (not built). This shows that there has been a precedent set for an extension which is similar to this proposed development in terms of impact upon the property West Wind. The circumstances would not appear to have changed in the time between that approval and this application. Indeed it is likely that the boundary planting between the proposal site and West Wind will have become more substantial over time and there is a timber fence which blocks much of the view from the rear of West Wind. The roof pitch of the proposed extension would be approximately 42 degrees falling away from West Wind. As such it is judged that there would not be an overbearing impact upon that property.
In terms of the impact upon the property known as Thie-Yn-Schoill, the proposal site is situated to the west of the dwelling and consequently any potential loss of light would be at the end of the day. In actuality, the proposal site is lower than Thie-y-Schoill and the roof of the extension would fall away at an angle of approximately 42 degrees. This combined with the separation distance between the site and Thie-Yn-Schoill is considered sufficient to maintain adequate levels of residential amenity.
The proposed extension would be constructed from materials to match the existing building and the design is in-keeping with the existing built form. As such, the building would remain single storey in
appearance and would not look out of place given the existing building is an established feature of the area.
Some of the concerns raised by objectors relate to noise and disturbance from the existing store and the potential for groups of youths to congregate behind the store. The applicant's architect has set out in a letter that these issues are being considered and that measures could be put in place to remedy such concerns. Noise generated by the existing air-conditioning units is an issue for environmental health to regulate and enforce and as such is not a matter for planning.
In terms of need, Peel has been the subject of new residential development on land zoned for residential use by the Peel Local Plan. It is considered reasonable to expect that existing facilities will have to expand in order to serve the resulting increased demand. Indeed the town's primary and secondary schools have been recently extended in line with an increased population. It is judged that the extension of the existing retail store is justified and would be in accordance with adopted planning policy which directs retail development towards town centres and to land zoned for retail use.
It is judged that the application is acceptable as it satisfies Business Policy 9 as the proposed extension is of a scale appropriate to the existing area and which will not have an unnacceptable adverse imapcts upon adjacent retail areas. It is also considered that the proposal accords with Business Policy 10 as the site is zoned for retail use and as such the principle of extending the existing store is acceptable.
It is recommended that the application be approved.
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:
The Department of Transport Highways Division Peel Town Commissioners The owners/occupiers of 13A Westwinds, Close Cubbon, Peel The owner/occupier of Thie y Cheim, Mountain View, Peel The owners/occupiers of Rose Cottage, Derby Road, Peel The owner/occupier of The School House, Derby Road, Peel The owners/occupiers of 25 Mountain View, Peel The owners/occupiers of 14 Close Cubbon, Peel Accordingly the following parties are not granted Interested Party Status: The Isle of Man Fire and Rescue Service The Manx Electricity Authority. Mr Crookall MHK Planny Srcoltg
Date of Recommendation: 08.10.2008
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the alterations, erection of extensions and alterations to the parking layout of Shoprite, Derby Road, Peel as shown by the plans and information 1330/05-01A, 1330/05-04A, 1330/05-11B, 1330/05-12, 1330/05-14, 0802D-01, Design and Access Statement and Completed Checklist submitted and date stamped 27th July 2008, 1330/05-05C submitted and date stamped 2nd October 2008 and Retail Study For Shoprite submitted and date stamped 12th November 2008.
C 3. The external finishes of the extension must match those of the existing building in all respects. C 4. No approval is granted for the erection of any signage which must form the basis of a separate application for Advertisement Consent.
C 5. The pedestrian access at the south west boundary (shown as being between parking spaces 108 and 109 on the approved plan 1330/05 Rev C) must be made available for use by pedestrians at all times when the store is open.
C 6. No development may commence until there has been approved by the Planning Authority a scheme of landscaping which includes indications of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction.
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
N 1. There are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact the Network Operations Department, Manx Electricity Authority, (Tel.
687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site.
Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
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