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Applicant: Black (Isle Of Man) Ltd Proposal Erection of 17 general industrial units with associated parking and drainage, and alterations to vehicular access. Site Address Former Parkinsons Yard Peel Road Braddan Douglas Isle Of Man IM4 4LE Case Officer : Mr Jason Singleton Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 01.09.2020
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Reason: To avoid disturbance or injury to spawning fish, or to the spawn and fry of fish, during the season in which they are most at risk.
REASON: To allow DEFA fisheries to provide advice on a suitable approach to construction, in order to reduce the possibility of injury or disturbance of fish within the river.
REASON To safe guard unauthorised access to the river.
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 drawings and supporting information referenced; 01, 02, 03, 105, 107, 112, WGS 10TS010-01,
Design and Acess Statement, Waste and Energy Management Statement, all date stamped received on 23 December 2019.
Drawing referenced; 111 Rev Adate stamped received on 7 January 2020. Amended drawings and supporting information referenced; 101 Rev C; 102 Rev A; 103 Rev A; 104 Rev A; 106 REV A; 108 Rev A; 110 Rev B; Supplementry Design Statement; Transport Statement Statement ref 20-146-001.02; Proposed Site Access Visibility Splays 20/146/TR/; 001 Rev B; 003;004;005; Stage1/2 Road Safety Audit drawing ref;20-146-002.01; Drainage details 2020.011.C01 Rev A; Arborcultural Tree Survey; Arboricultural Impact Assessment; Tree Protection Plan and Arboricultural Method Statement; Tree Constraints Plan ref TS-18220; Tree Impact Plan ref TR18220R1; Tree Protection Plan TP-18220R1, all date stamped received on 4 June 2020.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Ballafletcher Cottage Granny Annex Ballafletcher Cottage;
As they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
No.s 1,4,6,8,9,10,11,12,13,14,18 River Walk, No.s 1,2,3, River Vale, No's 1,3,4 River Heights, Ivy Cottage, Peel Road, Braddan Ivydene, Peel Road, Braddan 1 Cronk Drine, Union Mills
are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy
________________________________________________________________ Officer’s Report THE SITE
1.1 The application lies to the east of the Peel Road Highway, and shares an access with the office building under the applicants ownership. The site sits at a lower level than the highway
2.0 THE PROPOSAL - 2.1 The application proposes the erection of 17 general industrial units with 43 communal parking spaces & 17 spaces allocated to each unit and drainage improvements for foul and surface water, with alterations to the access off the highway. - 2.2 The proposed industrial units would vary in footprint ranging from 950ft2 to 1100ft2 set out in three blocks of four units and one block of five units with a concrete service road and parking areas delineated with brick Pavers. To the east of the site, on the boundary would be a green mesh, metal fencing - 2.3 The appearance of the units would be 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. The buildings would measure approx. 7.3m to the ridge and 6m to the eaves level. Each unit would feature a mezzanine floor with stair access, roller shutter door access and W/c facilities. - 2.4 The application submission is accompanied with; a suite of site plans, elevations, sections, design statement, waste minimisation statement, energy impact statement, detailed transport assessment, topographical survey, tree survey & report, arboricultural impact assessment, tree protection plan & arboricultural method statement, road safety audit, drainage layout and attenuation scheme. - 2.5 This application is a re-submission of the 2013 application as described in para.4.3. The use of the site, building design, road layout and associated works are identical. This application also provides updated information on traffic movements and data, tree surveys and amended drainage system, fencing to the east of the site.
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:
3.4 Strategic Policy 1 Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and reusing scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. - 3.5 Strategic Policy 4 (in part) Proposals for development must: (c) not cause or lead to unacceptable environmental pollution or disturbance. - 3.6 Strategic Policy 5 New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. - 3.7 Strategic Policy 6 Major employment-generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans. - 3.8 Strategic Policy 7 Undeveloped land which is zoned in Local or Area Plans for industrial, office, or retail purposes will be retained and protected for such uses, except where those uses would be inappropriate or incompatible with adjoining uses. - 3.9 Strategic Policy10 New development should be located and designed such as to promote a more integrated transport network with the aim to: minimise journeys, especially by private car; make best use of public transport; not adversely affect highway safety for all users, and encourage pedestrian movement. - 3.10 Environment Policy 7 Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
3.11 Environment Policy 10 Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment
Such buildings are sub-divided into light industrial, general industrial and special industrial buildings, each defined as follows:
The strategic plan defines "general industrial building" means an industrial building other than a light industrial building or a special industrial building;
"light industrial building" means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles; the use of light industrial buildings for research and development of products or processes is permitted by the Town and Country Planning (Permitted Development) Order 2005.
"special industrial building" means an industrial building used for the carrying on of processes (including storage) which may be particularly offensive by reason of noise, smell, vibration, smoke, soot, ash, dust, grit, or fumes, or dangerous by reason of the storage or use of dangerous or inflammable material, or inimical to public health by reason of vermin or other causes.
4.0 PLANNING HISTORY - 4.1 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. - 4.2 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. - 4.3 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. - 4.4 11/01365/B - Erection of 19 light industrial units with associated external works and drainage. Refused. - 4.5 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 (23/06/20) with no objection - 5.2 Highways Services have commented at length (24/07/20) with no objection subject to the inclusion of conditions for access, visibility splay, vehicle and pedestrian area to be built in accordance with the approved drawings. - 5.3 Inland Fisheries commented (12/06/20) with no objection - 5.4 Environment Protection Unit commented (07/05/20) to advise a discharge license is required under the Water Pollution Act 1993. - 5.5 DEFA Arboricultural Officer initially commented and on (14/09/20) and does not object but recommends no cherry laurel should be planted - 5.6 Manx National Heritage commented (19/06/20) seeking protection of the existing trees for any Daubenton bats, in lieu of cherry trees to plant more native species of hawthorn, blackthorn or rowan to be planted. - 5.7 Eco systems Policy officer commented (19/06/20) seeking a bat assessment and protection measures. - 5.8 MUA (Drainage) commented (27/07/20)with no comments. - 5.9 Individual representation were received (full representations can be reads online) from Ballaflatcher Cottage; Granny Annex Ballafletcher Cottage; Unit 2 Ballafletcher Cottage; Armitage House; Ivydene, 1 Cronk Drine, whom object on a number of topics namely (in brief); traffic and parking issues, increase in traffic, sight lines in/out of the site, Pedestrian access, Environmental impact of the area, Noise pollution Over intensive use of the site, loss of biodiversity, conflicts to parking, impact on property values, lack of demand, none compliance with the Eastern are plan and impact on the neighbouring amenity.
5.10 The same template letter has been received from; 1,4,6,8,9, 10,11,12,13,14,18 River Walk, 1,2,3, River Vale, 1,3,4 River Heights all highlighting the issues raised above.
6.0 ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application are;
6.2 The land use designation of the site is zoned as industrial, albeit nearly 30 years old, is still relevant and carries significant material weight. The context of the area when travelling north between the highway and the River Dhoo is all designated as predominately industrial and utilised as Snugborough Trading Estate. The previous use of the site has been as a builder's yard for a number of years has been effectively been underusing the potential of the land designation. The proposal would seek to be in compliance with SP1 which takes into account the use of the land, efficient use of the site and the ability to connect to existing services. - 6.3 The application site has been retained for industrial use, which has been reinforced following the earlier refusal for a planning application for a care home as seen in para.4.1 as that use conflicted with SP7. This site has been preserved for this specific industrial use (as defined in para 3.17) and echoed through the BP2 for compatibility of use and restricts the function of the units to storage and distribution through BP5 but limiting any retail to "bulky goods". - 6.4 The Employment Land review in 2015 would be read in accordance with SP6 which seeks employment opportunities on zoned land. As the proposal could potentially offer employment opportunities to this area, this aspect would further be compliant through BP1 and is encouraged. The sites proximity to the capital of the Island, for labour and on an integrated transport network ensures the use is in accordance with SP6. - 6.5 Therefore the principle for development of this site would be acceptable. Where the proposal is read in accordance with the land use designation / area plan, General Policy 2 as noted below narrows the material planning tests with other policies.
6.6 The scheme would feature modern commercial buildings designed specifically for an industrial use and finished in a utilitarian appearance to reflect this. The scale of the development would be proportionate to the site and the individual buildings or blocks of buildings have been designed to serve that specific purpose in terms of size, height and appearance. There are very limited public views of the site from Peel Road highway, and any glimpsing views when passing would be of the upper proportions of the buildings roofscape. When viewed from the public right of way the general appearance would echo that of the industrial estate to the north and would be read in that context without appearing as an incongruous feature. - 6.7 The positioning and layout of the proposal would be considered to be an enhancement to the character and appearance of the site over and above the present context, making a positive contribution to the wider environment in accordance with SP5. This aspect is also deemed to be an acceptable form of development that is proportionate to the site that complies with those sections of GP 2(b)&(c).
6.8 The nearest residential dwellinghouse is adjacent to the south of the site namely, Ballafletcher cottage and there are further residential properties across the River Dhoo at the top of the valley to the north east. A number of objections have been received as noted in para.
5.0 raising a number of common issues that are addressed within this report and have previously been addressed within the planning inspectors report during application 13/00386 which was identical to this application and was then recommended for approval. - 6.9 The nearest proposed industrial units (Block D No.17) would be approx. 55m from the rear elevation of Ballafletcher cottage, and approx. 70m -75m from the rear elevations of those dwellinghouses of River Vale and River Walk to the front elevations of Block C & D. (The front elevation of the units where activity/ business could be occurring where the doors are). Given the intermediate distances, the design, scale and massing of the buildings are not considered to harm the enjoyment of the neighbouring dwellinghouses or considered to harm the neighbouring amenity through any overlooking, leading to a loss of privacy or loss of light through the building having an overbearing impact or any considered to harm the residential amenity through the buildings general appearance. This aspect would be considered compliant with those sections of General Policy 2(g)
6.10 The main issues that can arise from general industrial activity on site which would be considered to affect the residential amenity and echoed by those residents in Para. 5.0 are the statutory nuisances of; noise, odour and light pollution. - 6.11 It is noted that this application has little difference to the 2013 application in terms of layout, use and building design. The same issues were raised at the previous planning appeal concerning these impacts on the nearby residents where it was considered by the planning inspector and in paragraph 61 of his report, he concluded on the issue for the impacts of noise, lighting and occupation of the units, saying; "Objections by the local residents are entirely understandable but perhaps influenced by the current low level of activity on this established site. The outcome would not just be a visual improvement but contain future industrial activity to within the buildings and subject to significant safeguarding conditions. The scheme adequately meets the aims of General Policy 2(g), Strategic Policy 4(c) and Environment Policy 22(iii) in its impacts on residential amenity". We can clearly see given the previous inspectors report on this identical application, where the same issues were addressed in line with the same planning policies, we can conclude this aspect is deemed in accordance with EP22(iii) and SP4(c) with the inclusion of limiting planning conditions. - 6.12 The issues of any flooding on site has been 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 developing the site would be in compliance with GP2(l) as it is not at risk of flooding. - 6.13 Turning to the proximity of the site to the river and the proposed development, it would be right to consider whether there is any harm to a watercourse. It is noted Environmental Protection Unit and the Inland Fisheries, do not object to the proposal. It is noted Environmental protection unit and the Inland fisheries, do not object to the proposal. The proposed drainage from the site and discharge into the River Dhoo has been designed with a strategy that would incorporate a water attenuation tank (11m x 11m x 2m) or 242m3, to slow the flow of water from the site, this would then be intercepted by a hydro break to slow the flow of water further and then through a retention and separator before discharging onto a concrete cascade channel with weir control steeplechasing down to the River Dhoo. Furthermore the proposal is to install a boundary fence to the east elevation of the site preventing any access to the river from the site. This aspect of the proposal clearly has identified the risk and sought an engineered solution by taking preventative measures to ensure that there is no cross contamination that would be considered to have an adverse effect on the river and would be deemed in accordance with EP7.
6.14 Considering the wider environment, there has been concern regarding the existing trees along the river acting as corridor for bats. This aspect can be addressed through a planning condition and had been agreed by the agents that a bat survey and assessment can be addressed though a prior to condition. - 6.15 Within the application, it is proposed to remove 11 of the 42 trees surveyed on site, mainly to the north east corner by Block D. These trees have been assessed and noted as being heavily clad with ivy for the majority and varying in structure and physiology to their detriment. Furthermore the recommendation for their removal has been substantiated within the arboricultural report and a further tree protection plan has been identified to safeguard the remaining trees with methods on how this can be achieved on site during the construction works. This aspect can also be conditioned to ensure its implementation. - 6.16 The above aspects relating to the wider environment and protection of the habitats would be in accordance with GP2 (f) & (d).
v) Impact on the Highways and Access
6.17 The comments from Highways services are heavily relied upon and in this instance, based on the submitted drawings and supporting technical information the access has been designed to the relevant standard in the Design Manual for Road and Bridges; the internal road layout and dimensions, car parking standards and numbers, bicycle parking, waste storage, traffic impact, road safety analysis, has all been considered and it is noted in Highways response to the amended information say; "the proposal is unlikely to give rise to significant negative impacts on the adjoining network in terms of highway safety or network efficiency with the site traffic being accommodated onto the network without congestion. The amount of parking is compliant and layout satisfactory". With this information and noting the highways authority do not object, on balance this aspect of the proposal would be compliant with TP 7 and GP2 h&I, SP10.
7.1 For the above reasons, it is concluded that the 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:
8.2 The decision maker must determine:
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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date: 21.09.2020
Signed : J SINGLETON 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
Application No. : 19/01448/B Applicant : Black (Isle Of Man) Ltd Proposal : Erection of 17 general industrial units with associated parking and drainage, and alterations to vehicular access. Site Address : Former Parkinsons Yard Peel Road Braddan Douglas Isle Of Man IM4 4LE
Senior Planning Officer : Mr Jason Singleton Presenting Officer As above
The planning application was presented to committee on 21st September 2020 and was approved with amended wording to conditions 6 and13 and removal of condition 17 which required a bat survey as one has now been submitted.
C 6. The external cladding may only be dark green, unless otherwise approved in writing by the Planning Authority.
REASON: To ensure a uniformed appearance throughout the development. C 13. 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
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