DEC Officer Report

Application No.: 22/00403/C Applicant: Mr Johnny Brian Chambers Proposal: To part use industrial unit as a retail outlet (Retrospective) Site Address: Unit KB2 Harcourt Drive Balthane Ballasalla Isle Of Man IM9 2AH Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 18.08.2022 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The proposal includes retail use and has not provided sufficient justification that either: the items could not be reasonably sold from a town centre location because of their size or nature; or the items are produced on the site and their sale could not reasonably be severed from the overall business. Furthermore, insufficient evidence has been provided to demonstrate that the proposal would not detract from the vitality and viability of town centre shopping areas. The proposal is therefore considered to be contrary to Strategic Plan (2016) Business Policy 5. - R 2. The proposed development would be contrary to Business Policy 5, Strategic Policy 9 and Business Policy 10 of the Isle of Man Strategic Plan 2016, in that it would establish a permanent retail use in a location not zoned for retail purposes, and where no exemptions exist. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the curtilage of an existing industrial building (Unit KB2) situated towards the south western end of Balthane Industrial estate, and on the eastern side of Harcourt Drive. The unit is single storey, finished in brick walling with a corrugated sheeted roof. The frontage has a roller shutter door with one horizontally proportioned window on each side and a pedestrian door alongside the right hand side window situated on the projecting section of the front elevation. There is space for the parking of around five vehicles in front of the unit.

2.0 THE PROPOSAL - 2.1 The planning approval seeks planning approval to part use industrial unit as a retail outlet (Retrospective). No external alterations are proposed, although there would be internal alterations to remove the partitions between the existing shop and storage to create a large floor area flanked by the utility and WC's to the rear and office in front. - 2.2 The applicants have indicated on the application form that they intend to use half of the building as a retail shop selling mainly new clothes, fashion wear, school uniforms (at affordable costs), as well as antiques and collectible items - ornaments, books etc., while the other half would be used as storage for inert materials (There is no indication that inert waste materials would be stored here). They state that both areas would be separate from each other (although they propose to remove the existing partitions which separates the floor area into two large areas). - 2.3 The applicants have also provide justification for the scheme within the application form by stating the following:

• i. They intend to provide a service to the public to enable them buy items at reasonable cost.
• ii. They are trying to provide employment for people.
• iii. They want to try to get people back into shops and away from online shopping.

- 3.0 PLANNING POLICY

3.1 The site lies within an area of Industrial Use on the Area Plan for the South. The site is not within a flood risk area as indicated on the Isle of Man Indicative Flood Risk Maps, and thee site is not within a Conservation Area. - 3.2 There is a development brief contained with the Area Plan for the South Written Statement which states the following:

• 3.2.1 Paragraph 6.8.2: "The Balthane Industrial Estate is located just south of Ballasalla village. The Estate is used by a mix of businesses but incremental development, poor maintenance of buildings, roads and footways, has over the years, resulted in the Estate appearing neglected and unattractive in many parts giving a poor impression to the public, customers and businesses alike. It is recognised that the Estate is home to some uses which are essential to support the Island and also that there is scope for the general appearance and access to the Estate to be improved. There is considerable land available at Balthane which was first identified on the 1982 Development Order. It has been deemed appropriate to carry forward this designation into the Area Plan but there is a need to secure improvement works on the estate."
• 3.2.2 Employment Recommendation 1: "It is recommended that the Department of Infrastructure, the Department of Economic Development and Malew Parish Commissioners work collaboratively to produce a strategy for improvements at Balthane Industrial Estate. This will include general environmental improvements, and also improvements in respect of access, lighting and infrastructure in an effort to ensure that the Estate is an attractive place for both users and customers."

• 3.2.3 There are no policies which comment specifically on the use of industrial areas or sites for non-industrial purposes. This is dealt with in the Strategic Plan.

3.3 The following policies within the Strategic Plan are also considered relevant to the current application:

• 3.3.1 Business Policy 5: "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:

• (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or
• (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; 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."

• 3.3.2 General Policy 2: "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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;

• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan and (m) takes account of community and personal safety and security in the design of buildings and the spaces around them".

• 3.3.3 Business Policy 1 The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.
• 3.3.4 Business Policy 5 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: (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; 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.
• 3.3.5 Business Policy 10: 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.
• 3.3.6 Strategic Policy 9:

• "All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8.
• 3.3.7 Transport Policy 7 of the Isle of Man Strategic Plan 2016 states, "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." (Set out in Appendix 7). Parking provision should be made on the basis of 1 space per 50 sq m of industrial space and 1 to 100 sq m of storage and distribution in accordance with the Strategic Plan Appendix Seven.
• 3.3.8 The Strategic Plan does not provide a parking standard specifically for retail use in industrial areas. However, Appendix 7 which sets the current standards states the following regarding retail parking: "Retail A.7.4 Most shopping facilities in established centres do not have on-site parking provided due to the intensive form of development and their location off the main highway, often in pedestrianised streets (Peel, Castletown, Douglas and Ramsey in particular). In most of these cases, provision is made for servicing outside trading hours from relaxation of the access regulations and the use of de-mountable bollards and rear access lanes. It is impracticable to require on site car parking for either staff or customers in such locations although it must be feasible for retail developments to be serviced. It is equally essential that there are available sufficient areas of public car parking either in car parks or on street, and that adequate controls are in place for these spaces to be available to those who need them. Neighbourhood shops to serve new residential areas can be incorporated into estate layouts and should provide spaces for staff, customers, and service vehicles".

- 4.0 PLANNING HISTORY

4.1 There have been no applications submitted in respect of this site which are relevant to the consideration of this application. However, the adjacent industrial unit (Unit KB1) has been the subject of a previous planning application which is considered relevant. - 4.2 PA 12/01610/B which was submitted for the adjacent unit was approved by the Planning Committee on 14 January 2013. This enabled the use of the building (units) as industrial unit or as a cafe with external seating area to rear.

• 4.2.1 The Officer opined that the retail (café) use will provide a service primarily for the staff on the estate who only presently have a caravan-type catering facility to provide hot food and there is nowhere for customers to sit and have their lunch or drink. It was also considered that given the environment of Balthane, it is very unlikely that such a facility will pose a threat to the other catering establishments in the vicinity - the Whitestone Public House, Silverdale Cafe and The Abbey restaurant. It was also argued that the changes to the building will not render the unit unusable for industrial purposes.

4.3 A number of other applications proposing retail uses within the Balthane Industrial Estate have also been refused and approved. These include:

• 4.3.1 PA 19/00280/C for Additional use of industrial unit (class 5) as a retail unit (class 1) during the periods associated with the Southern 100, TT Classic, TT, Manx. This application was refused for the following reason: "The proposal does not accord with Business Policies 5 and 10 of the Isle of Man Strategic Plan 2016 as there is insufficient justification provided for the establishment of a retail use in an industrial area."

• 4.3.2 PA 14/01382/B for Conversion from storage unit to a dog grooming business, retail related sales and store. This was approved on the grounds that "Retail sales from the premises

• must remain ancillary to the primary use of the building as a dog grooming business and goods to be sold must be restricted to goods relating to dogs and cats."
• 4.3.3 PA 06/00044/C for Change of use of existing office to a tile and bathroom showroom and retail outlet. Approved. The Officer argued that there would not be an adverse impact on the viability of the town centre retail area in Castletown or Ballasalla as a result of this relocation and as the premises will contain a mixture of storage and retailing, it is most unlikely that a town centre location could be found where both elements of the business could be undertaken satisfactorily on the same site in such a location.
• 4.3.4 It is evident from these applications that were approved that allowance was made for retail use in support of allowed industrial or sui generis use, where the items sold were either made on site or could not be detached from the other approved uses on the sites.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in a letter dated 1 April 2022. - 5.2 Malew Commissioners have stated that they have no objection to the application in a letter dated 6 April 2022. - 5.3 No comments have been received from neighbouring properties.

- 6.0 ASSESSMENT

6.1 The fundamental issues to consider in the assessment of the planning application are:

• i. The principle of the use of retail/storage use being operated from the site;
• ii. Whether there would be an impact on any nearby town Centre;
• iii. Whether there would be any traffic/parking issues with the potential of the retail addition generating more parking; and
• iv. Impact upon the amenities of the neighbouring properties.

6.2 Principle (GP 2, BP 1 & 5)

• 6.2.1 In assessing the principle of the proposed development, it is noted that the site is designated for industrial purposes so the principle of the use as storage for inert materials in support of the building company here is acceptable.
• 6.2.2 With regard to the retail use of the industrial unit, the Strategic Plan is clear in its stance that retailing will not be permitted on land zoned for industrial use except where either 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, and where it can be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area (BP 5). In this case, it is not considered that the retail sale of the items proposed within this scheme would pass any of the tests identified above, and no justification has been provided to suggest that the retail sales from the site would not detract from the vitality and viability of the nearby town centre shopping area, which in this case would be Castletown or the village shops within Ballasalla. As such, it is considered that the retail element of the proposal would be contrary to the requirements of Business Policy 5.
• 6.2.3 Whilst it is noted that the proposal could result in some form of job creation, it is not considered that the contribution of the scheme to job creation would be such that would warrant setting aside these policies that exclude retail uses form industrial area, given its scale.

There is also no guarantee that the proposed retail use would serve to get people back into shops and away from online shopping.

6.3 Impact on Nearby Town Centre (STP 8 & BP 5)

• 6.3.1 In terms of possible impacts on the viability of the nearby town centre which in this case would be Castletown, it is considered that the proposal is likely to contribute to a reduced footfall in the town centre and therefore result in the reduction in the vitality and viability of the town centre which is the main reason for Strategic Policy 9, as viable and vibrant town and village centres not only provide the opportunity for economic success, but also provide convenient and accessible amenities for all members of the community and an opportunity to obtain renewal of our poorer built fabric.
• 6.3.2 Similarly, the proposed development would impact on the viability of the nearby neighbourhood shops within Ballasalla, given that the items proposed to be sold here would easily be sold within any of these shops.
• 6.3.3 Given the reasons above, it is considered that the retail use in question would be unacceptable in terms of its impact or potential impact on the Islands town centres.
• 6.4 Parking and/or Traffic Implications

• 6.4.1 In assessing impacts on parking it is noted that under the Isle of Man Strategic Plan Parking Standards (appendix 7), 1 space per 30 square metres gross floor space is required for light industrial and 1 space per 100 square metres gross floor space for storage and distribution. There are no standards for retail units.
• 6.4.2 With the current scheme, it is considered that the unit has 5 parking spaces associated with it, which would be sufficient for the storage use of the unit. However, it would be difficult to precisely calculate the number of parking spaces required for the current proposal, given the mixture of uses. From reviewing the details on the application form, the unit is approximately 48.5sqm, which would make the parking available sufficient if this was an industrial use even if the highest threshold of 1 space per 30sqm (used for light industrial uses) was applied, with site being in excess of 3 parking spaces. It should, however, be noted that if there was retail at this site then the five parking spaces available may not be sufficient enough as retail the retail use may require more frequent callers consequent on the nature of goods proposed to be sold here which would include new clothes, fashion wear, uniforms, (sold at affordable rates) antiques, and collectible items - ornaments, books. As such, it is considered that whilst the impacts on parking and highway safety is not a given in this case, there is potential for increased parking demand with potential to result in on-street parking and its attendant highway safety concerns.

6.5 Impact upon the amenities of the neighbouring properties.

• 6.5.1 In terms of impacts on neighbouring amenities, the key concern here is tied to possible impacts on available parking facilities. This is hinged on the fact that there is minimal parking available in this area to serve the existing industrial units. As such, if the proposed retail use is introduced here, it could result in retail visitors using the available parking on the units, given the proximity of the parking areas to each other and the absence of clear demarcation between the boundaries of the units on this part of the industrial estate.
• 7.0 CONCLUSION

7.1 Overall, it is considered that the proposed development would be contrary to the requirements Business Policy 5 as it proposes retail use in an area zoned for industrial use, and insufficient justification has been provided to demonstrate that these can be outweighed by the operational requirements of the development or its facilitation of employment and attraction of shoppers from online platforms. The application is therefore recommended for refusal. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material in this case Douglas Borough Council have not made material comments and should not be afforded Interest Person Status. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Refused Date: 19.08.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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