DEC Officer Report

Application No.: 23/00943/C Applicant: Hesketh Investments Limited Proposal: Additional use of general industrial units for garaging and storage of vehicles and small plant and general business storage (Class 2.4) Site Address: Units 2 & 3 Braddan Bridge Industrial Estate Peel Road Braddan IM4 4LE Planning Officer: Mr Hamish Laird Photo Taken: 06.09.2023 Site Visit: 06.09.2023 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 27.09.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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.

• C 2. The buildings shall be used only from Monday to Saturday inclusive and no activity or business shall be carried out therein on Sundays or Bank Holidays unless otherwise agreed in writing with the Planning Authority. Reason: To safeguard the character of the area
• C 3. No industrial process shall be operated at these premises such as prescribed under the UK 'The Environmental Protection (Prescribed Processes and Substances) Regulations 1991, namely:

• 1. The production of fuel and power
• 2. Metal production and processing
• 3. Mineral industries
• 4. Chemical Industry
• 5. Waste Disposal & Recycling
• 6. Other Processes

REASON: To protect the character of the area

• C 4. The development hereby approved may not be occupied until such time as the associated parking and manoeuvring areas have been completed and set out as shown in the approved plans. Thereafter the parking spaces shall be kept free from obstruction and used only for the parking of vehicles. REASON: In the interest of highway safety
• C 5. Notwithstanding the meaning of development in Section 6 of the Town and Country Planning Act 1999 or any act or revoking or re-enacting that Act, no mezzanine floor, other than those shown in the approved plans shall be constructed without a further application for planning permission being submitted and approved. REASON: To ensure appropriate use of the units
• C 6. No waste or any other such material shall be stored outside of the units unless otherwise agreed in writing by the Planning Authority. Any request to the Planning Authority shall provide details of the receptacles in which the material is to be stored and the length of time the storage is required. REASON: To protect the character of the site
• C 7. No external lighting shall be permitted except that as approved as part of a lighting scheme to be submitted to and approved by the Planning Authority. REASON: In the interest of the neighbouring amenity
• C 8. Noise levels from any plant, processes or equipment at the proposed industrial development measured at neighbouring residential premises including gardens, between the hours of 0700 - 2000 hrs (day-time) shall not exceed 50 dB LAeq, 1 hour; and noise levels from any plant, processes or equipment at the proposed industrial development measured at the external facade of neighbouring residential premises, between the hours of 2000 - 0700 hrs (night-time) shall not exceed 45 dB LAeq, 5 minute. REASON: To safeguard the residential amenity of the neighbouring properties.

This application has been recommended for approval for the following reason.

This application has been recommended for approval as it is deemed to be in accordance with General Policy 2, Strategic Policy 4;5;6;7;10, Environment Policy 7;10;22, Business Policy 1;2;5, and Transport Policy 7.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 17.08.2023. _______________________________________________________________

Interested Person Status

Additional Persons None. _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The application lies to the east of the Peel Road Highway, and comprises a range of 17 industrial units with 43 communal parking spaces & 17 spaces allocated - one to each unit. The development is currently under construction with some of the units nearing completion at the time of the Case Officers site visit on 6/9/23. The site sits at a lower level than the highway and adjoining office building and was previously used as a builders yard (former Parkinson's Yard) with general building materials stored in the open, stacked storage containers, mobile site offices, various construction equipment and site protection fencing. - 1.2 To the north east of the site is the River Dhoo with a band of mature trees following the river on each side of the banks. The nearest residential properties are located to the south of the application site (Ballafletcher Cottage) and to the North east of the River Dhoo of; River Vale and River Walk and the public right of way No.360 / Heritage Trail.

2.0 THE PROPOSAL - 2.1 The application proposes the "Additional use of general industrial units for garaging and storage of vehicles and small plant and general business storage (Class 2.4)" for Units 2 & 3 which are located close to the centre of the site. The application forms advise:

The existing building has the use as "General Industrial". The applicant would like to make this application to have an additional use for garaging and storage of vehicles and small plant, with general storage for his business operation. The Applicant will not be making any alterations to the existing industrial units. Units 2 & 3 will remain as built." With the proposed use of the site being for the "garaging of vehicles and small plant with storage."

2.2 The appearance of the units would remain as green insulated wall cladding panels to the upper sections of the buildings, rendered block walls to the lower portions and a grey insulated roof with transparent roof lights.

3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is within an area designated as Predominantly Industrial under the Braddan Local Plan of 1991 - 3.2 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application: - 3.3 General Policy 2 (GP2) (in part) 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:

• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;

• (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; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding

3.12 Environment Policy 22(in part)

• Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: iii) vibration, odour, noise or light pollution.
• 3.13 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.
• 3.14 Business Policy 2 Land for industrial development should be designated in all parts of the Island, having regard to: (a) scale, which should be appropriate to the area; (b) the availability of public transport links; (c) the proximity of labour; and (d) the availability of water, sewerage and other utilities
• 3.15 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.
• 3.16 Transport Policy 7 The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. General industrial 1 space per 50 square metres gross floor space.

4.0 PLANNING HISTORY - 4.1 19/01448/B - Erection of 17 general industrial units with associated parking and drainage, and alterations to vehicular access. Permitted. - 4.2 16/01402/A - Approval in principle for the erection of residential accommodation for older people for up to 25 units addressing means of access. Refused. - 4.3 13/00386/B - Erection of seventeen general industrial units with associated external works including storm and foul drainage systems, to include modifications to site entrance off Peel Road. Approved. - 4.4 12/00413/B - Erection of 19 industrial units for a mixed use of general industrial and storage / distribution with associated external works and drainage. Approved. - 4.5 11/01365/B - Erection of 19 light industrial units with associated external works and drainage. Refused. - 4.6 93/01466/A - Approval in principle for construction of light industrial unit, land adjacent to Parkinson offices, Peel Road, Braddan.

5.0 REPRESENTATIONS - 5.1 Braddan Commissioners commented (4/9/23) with no objection - 5.2 Highways Services have commented at length (1/9/23) with no objection advising: "23/00943/C - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking." - 5.3 No individual representation from third parties have been received.

6.0 ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application are;

• i) principle of the proposal (SP1,6,7 & BP1,2,5)
• ii) visual impact of the proposed development (GP2b,c & SP5)
• iii) impact on the neighbouring residential amenity (GP2g)
• iv) impact on the wider environment / river (SP4, EP7, EP22, EP10)
• v) impact on the highways & parking (TP7, GP2h&I, SP10)

• i) Principle of the proposal

6.2 The land use designation of the site is zoned as industrial, and the units are almost complete. The proposed additional use of these general industrial units for the garaging and storage of vehicles and small plant and general business storage (Class 2.4) is considered to be acceptable in principle and accords with the provisions of Policies SP1,6,7 & BP1,2,5 in the Isle of Man Strategic Plan 2016.

• ii) visual impact of the proposed development

6.3 The wider application site would be retained for industrial use, and there would be no changes to the external appearance of the units. This is considered to be acceptable and accords with the provisions of Policies GP2b, c and SP5 in the Isle of Man Strategic Plan 2016.

• iii) impact on the neighbouring residential amenity

6.4 There would be no adverse impact on the amenities of occupants of any adjoining or nearby residential properties arising from the proposed change of use. No representations have been received, and occupants of adjoining units would be unaffected. This accords with the provisions of Policy GP2g in the Isle of Man Strategic Plan 2016.

• iv) impact on the highways & parking

6.5 There would be no adverse impact on parking or turning arising from the proposed development. DoI Highways has reviewed the application and has raised no objection. This accords with the provisions of Policies T4 and T7 in the Isle of Man Strategic Plan 2016.

• v) impact on the wider environment / river

6.6 Any issues of flooding on site have been previously considered and as the site sits above the areas at risk of flooding as identified on the MUA fold map of Douglas Map 2, 2017, no flood risk assessment is required as indicated in EP10 and the development of the site has be in compliance with GP2(l) as it is not at risk of flooding. There would be no adverse impact on the character of the wider environment

- 7.0 CONCLUSION

7.1 For the above reasons, it is concluded that the change of use proposed by this planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, and is recommended for approval. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

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 in Article 6(4) who should be given Interested Person Status. The following paragraph should be included if relevant (i.e. if representation from another part
• of DEFA):

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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 : Permitted Date: 02.10.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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