9 May 2012 · Minister for Infrastructure
Office Workshop & Premises, Peel Road, Braddan, Douglas, Isle Of Man, IM4 4le
The proposal sought permission for 19 industrial units each with a 72 sq m footprint (15 with optional mezzanine), roller shutter doors, 6.3m eaves height, smooth render to 2.3m and cladding above, on a sloping site adjacent to the River Dhoo and Peel Road (A1 TT course).
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The Minister concurred with the Inspector's conclusion that highway safety would be jeopardised by large numbers of additional vehicular movements from 19 industrial units at a sub-standard junction o…
General Policy 2
Requires development in line with zoning to respect site/surroundings, provide safe access/parking/manoeuvring, and not adversely affect road safety/traffic flows (criteria h and i failed due to sub-standard visibility, traffic generation and parking layout). Officer found other criteria met (siting/scale/landscape/amenity/river protection) given industrial zoning since 1982.
Environment Policy 7
Prohibits harm to watercourses without mitigation; requires 8m setback, pollution controls and phased works. Satisfied as units at min 8m (mostly 10m) from River Dhoo; DEFA/IOMWSA concerns noted but no refusal recommended.
Environment Policy 10 - Development and flood risk
Requires flood risk assessment for sites near watercourses. Site partly in risk zone but no formal assessment submitted; officer noted risk but no objection raised.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the erection of industrial units with associated parking and access all as shown in drawings 101C, 01A, 02A, 01, 107A, 10TS010-01, 03, 110A, 108, 106, 103A, 102A, 104A, 105A all received on 16th March, 2012.
Use class
The units may be used for either industrial or storage and distribution purposes.
Materials approval
The external cladding may be only dark green, dark blue, dark grey or dark brown unless otherwise approved in writing by the Planning Authority.
Car parking prior to occupation
The development hereby approved may not be occupied until such times as the associated car parking and manoeuvring areas have been completed and set out as shown in the approved plans.
Tree protection
All existing trees shown on the site as being retained must, prior to the commencement of any excavation or building work on site, be protected by the erection of protective fencing under the dripline of each tree. During construction no building, storage or excavation may be undertaken within the protected area unless authorised in writing by the Planning Authority.
Landscaping scheme
No development shall take place until full details of a landscaping scheme shall have been submitted to and be approved in writing by the Planning Authority and these works shall be carried out as approved. All planting shall be carried out in accordance with the approved details in the next available planting and seeding seasons. Any tree or shrub which within a period of 5 years from the completion of the landscaping works, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with another similar size and species, unless the planning authority gives written consent to any variation.
Hours of use
The buildings shall only be used from Monday to Saturday and no activity or business shall be carried out therein on Sundays or Bank Holidays unless otherwise agreed in writing with the Planning Authority.
No mezzanine without permission
Notwithstanding the meaning of development in Section 6 of the Town and Country Planning Act 1999 or any act revoking or re-enacting that Act, no mezzanine floor shall be constructed without a further application for planning permission being submitted and approved.
No external storage
No items of machinery or any equipment or other goods shall be kept outside of any buildings and all activities shall be undertaken within the buildings unless otherwise agreed in writing with the Planning Authority.
External lighting approval
No external lighting shall be installed without the prior approval of the Planning Authority.
No objection subject to liaison re Land Drainage Act 1934 and work near watercourse
Seek consultation on electricity supplies; no material objection
No statutory objection; no objection to principle
Resident objections focus on noise, traffic, visual impact, environmental concerns, and river proximity; Braddan Parish Commissioners have no objection; Manx Electricity Authority requests contact for utilities; Fisheries Division raises concerns about river ecology and requests mitigation details.
Key concern: impact on River Dhoo ecology and water quality
Braddan Parish Commissioners
No ObjectionThe Commissioners had no objection to the following planning applications: PA12 00413 - Jojay Ltd - Erection of 19 industrial units for a mixed use of general industrial and storage/distribution with associated external works and drainage - Development Adjacent to BCS House Peel Road Braddan
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department; The Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority
Conditions requested: The applicant must contact the Authority; Contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines; Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766); Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply
Fisheries Division
Conditional No ObjectionThe Department has some concerns regarding this application despite the indication that this proposed development is no closer than 8 metres to the nearby watercourse; Fisheries will respond further to this application once the requested information has been received and considered
Conditions requested: complete the attached Development within 8 Metres of Watercourse form; incorporate mitigation measures in the construction plan to ensure there is minimal risk of further damage and disturbance to the river bank, such as appropriate fencing
The original application for 19 industrial units for general industrial and storage/distribution uses was approved by the Planning Committee despite a prior refusal of a similar scheme for insufficient parking. Multiple third-party appellants (residents) appealed on grounds including noise, visual impact, living conditions, river protection, and highway safety. The inspector found the principle of development acceptable in the industrial zone, no material harm to visual impact, living conditions or the River Dhoo, but highway safety was a decisive issue due to sub-standard visibility splays, lack of traffic evidence, and parking concerns on a Strategic Route. The inspector recommended allowing the appeals to refuse permission under IOMSP General Policy 2(h) and (i). The Minister concurred and refused the application.
Precedent Value
This appeal sets precedent that industrial zoning does not override highway safety on Strategic Routes; future applicants must provide robust traffic assessments and evidence of adequate visibility splays, even for zoned sites. Third parties can succeed by focusing on access deficiencies and lack of authority input.
Inspector: Ruth V MacKenzie BA(Hons) MRTP
