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Applicant: Ms P Pringle Proposal Installation of a mezzanine floor and additional use as a building management business, an electrician business and storage of domestic vehicles Site Address Unit 21 Industrial Units Middle Farm Richmond Hill Douglas Isle Of Man IM4 1JL Case Officer : Mr Peiran Shen Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 18.05.2023
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: the ancillary vehicle storage use is only acceptable due to its small scale and the main businesses has usage character that fits in with the original approved used.
While failing to comply with its land use designation and technically falls short of the parking standard, the proposed use as a building management business and electrician could be considered to have the same use character of its existing approved use and therefore considered to have similar impact on the area and on parking provision. The ancillary use for vehicle storage only takes up a small area of the unit and does not generate any concern to its main use and the amenity of surrounding areas.
Plans/Drawings/Information;
This approval relates to the documents and drawing no. 01 date stamped as having been received on 2nd April 2023 and planning statement as having been received on 17th April 2023. _______________________________________________________________
Additional Persons
None ________________________________________________________________
1.0 THE SITE - 1.1 The site is Unit 21, Industrial Units Middle Farm, Richmond Hill, Douglas, a section of one of many industrial buildings at the south of the Kewaigue. The entrance of the building is near the junction of Kewaigue and Castletown Road.
2.0 THE PROPOSAL - 2.1 The proposal is the change of use from general industrial use (Use Class 2.3) and storage and distribution (Use Class 2.4) to a building management business (being sui generis) and an electrician business (being sui generis). The proposal also include the storage of a classic car and a motorhome. - 2.2 The proposal also includes the installation of a mezzanine floor. While not submit to planning itself, combined with the changing of use, the increased floor space will be a material planning consideration.
3.0 Planning History - 3.1 Construction of 18 industrial/storage and distribution units with associated highway/parking was APPROVED under PA 19/00328/B. Unit 21, being part of the approval has the existing lawful use as general industrial (Use Class 2.3) and storage and distribution (Use Class 2.4).
4.0 Planning Policy Site Specific - 4.1 The site is within an area designated as Special Industry (Including EFW, AWPP & HWTF) in the Area Plan for the East. The site is also within the "Waste Infrastructure Consultation Zone". - 4.2 In the written statement of the Area Plan, Employment Proposal 5 states: "lying immediately to the east of the existing waste management complex at Richmond Hill, is allocated for special industrial use, particularly the management processing, recycling and storage of waste." - 4.3 Employment Proposal 6 states: "Within the Waste Infrastructure Consultation Zone at Richmond Hill, there will be a presumption against development for purposes in which vulnerable members of the public would be present, including housing, and educational and medical establishments."
PPS and NPD
4.5 There is no relevant Planning Policy Statement or National Policy Directive applicable to this application.
5.1 There is no relevant strategy or guidance that directly applies to this application. - 6.0 REPRESENTATION
6.1 Braddan Commissioners has no objection to this application (13.02.2022).
6.2 DoI Highway Services does not object to this application (20.04.2023). The comment states that the additional information provided by the applicant explains it is unlikely that the parking standard need to be increased. - 7.0 ASSESSMENT Elements of Assessments
7.1 The key considerations in the determination of this application are its land use and on parking provision.
Land Use - New Business Related
7.2 Building management business and electrician business usually does not involve industrial process. Therefore, they are usually not considered to fall under industrial use (Use Class 2.2 or 2.3). However, both businesses are also different from office based professional service (Use Class 1.2 or 2.1) in that they have a clear storage need. Therefore, both business are usually considered a form of contractors' yard and therefore is a use of its own (sui generis).
7.3 The Area Plan has designated the area for special industrial use (including waste management). The proposed use, being sui generis, is departing further away from special industrial use, in terms of impact on neighbouring amenities, compared to the existing approved general industrial use. - 7.4 However, the original planning approval for the unit comes before the land use designation and the majority of the building are in operation under the existing approved use, making the factual land use of the site being general industrial (Use Class 2.3) and storage and distribution (Use Class 2.4). Therefore, the existing approved use is considered to weigh more in this assessment than its designated use. - 7.5 Given the both businesses have a storage need and the approved use contains storage and distribution (Use Class 2.4). It is considered that these two businesses will have a similar impact on neighbouring area when compared to that of the existing uses within the area. Therefore, the building management and electrician businesses are considered principally acceptable on the application site. Land Use - Vehicle Related
7.6 The first task when it comes to vehicles is to determine whether they are "parked" or "stored" on site. There is a fine line between "parking" and "storing" a car. In a nut shell, "Parking" means the vehicles are in active use (usually regardless of frequency, but the status of the vehicles are "in use") while "storage" means the car is not being actively used. - 7.7 The classic car is not be used as a mean of transport but rather a collectable item. The motorhome will only be used for a few times during the summer period and it is also unlikely to be used as a mean of transport. Given the above and in addition to the fact that both the classic car and the motorhome will not be frequently used within the scale of any given year, it is considered that these vehicles are "stored" rather than "parked" on site. - 7.8 After deciding the vehicles are stored at the site. The second task is to determine the use class of such vehicle storage. There is a difference between commercial and domestic parking/storage of cars. The formal usually being sui generis, or, at rear occasion, falls under Class 2.4. The latter usually considered to be ancillary to residential use, meaning they fall under the Use Class 3. The formal usually faces the general public and is for profit and the latter faces only limited people, usually related to the owner. - 7.9 The proposal is to put a classic car and a motorhome that belongs/will belong to the application inside the unit for most time of the year. As they belongs/will belong to the application, it is not able to be considered as for commercial use. As the site does not have residential use, the vehicle storage is also not ancillary to residential use. Therefore, the storage of these vehicles can only be considered to be sui generis. - 7.10 In the meantime, as it only takes up a small area within the unit and the only reason that the vehicle storage is to take place on site is that the applicant's proposed businesses are on site. Therefore, the vehicle storage is also ancillary to the building management and electrician business. - 7.11 Given paragraph 7.9 and 7.10, it is considered that the vehicle storage use is only accepted because of the building management and electrician business. A condition will be attached that should both the building maintenance and the electrician business are no longer the operation, the ancillary vehicle storage use would also cease to exist. Land Use - Assessment Summary - 7.12 In summary, the proposal is for change of use to a building management and an electrician business with ancillary use of storing domestic vehicles. Given the approved use contains "storage and distribution" and the vehicle storage is ancillary to both businesses, the proposed use is considered acceptable despite the approved use and the land use designation of the site. Impact on Neighbouring Properties - 7.13 The building management business and the electrician business would not generate more disturbance than the existing approved general industrial use. Therefore, it is considered that there is no additional impact on neighbouring properties. Parking Provision - 7.14 As there is no objection from highway services, it is considered that the impact on parking provision is acceptable.
8.1 The proposed use as a building management business and an electrician business is considered to have a similar use character of its existing approved use (particularly with storage and distribution use). Therefore, the proposal is considered to have similar impact on the area and on parking provision. The ancillary use for vehicle storage only takes up a small area of the
9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : …Permitted……….... Committee Meeting Date:…19.06.2023
Signed :…………P SHEN…………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
PLANNING COMMITTEE DECISION 19.06.2023 PA No 23/00149/B Applicant Ms P Pringle Proposal Installation of a mezzanine floor and additional use as a building management business, an electrician business and storage of domestic vehicles Site Address Unit 21 Industrial Units Middle Farm Richmond Hill Douglas Isle Of Man IM4 1JL Planning Officer Presenting Officer
Mr Peiran Shen
As above
Addendum to the Officer Report
The members agreed to the recommended conditions with only clarity by refinement to wording of condition 3 as proposed.
C 3. The storage of vehicles which are not involved with the building management or electrician businesses can only take place whilst at least one of the building management or electrician businesses is in operation. the use for storing vehicles which are not for either business must cease within one month from the date both businesses cease, and such vehicles must be removed from the site within one month from cessation of such businesses.
Reason: the ancillary vehicle storage use is only acceptable due to its small scale, and the main businesses have usage character that fit in with the original approved use for the unit.
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