DEC Officer Report

Application No.: 18/01084/B Applicant: J Qualtrough & Co Ltd Proposal: Installation of a roller shutter door to side elevation of building and installation of gates within boundary fence Site Address: Unit 9 And Builders Merchant Yard Hills Meadow Industrial Estate Douglas Isle Of Man Senior Planning Officer: Mr Thomas O'Connor Photo Taken: 21.02.2019 Site Visit: 21.02.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 27.02.2019 _________________________________________________________________

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No development shall commence until details of the design of the external gate to be constructed onto Hills Meadow Industrial Estate including materials to be used in its construction, and external finishes have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 3. The access hereby approved shall be set back from the highway sufficient to avoid impeding traffic and employ gates that open inward onto the site. The surface of the access measured back from the carriageway shall be properly consolidated/surfaced (not loose stone or gravel) Reason: In the interests of highway safety.

Plans/Drawings/Information;

This decision relates to the following 1:1250 Location Plan - Drawing No.3; 1:500 Scale Block Plan - Drawing No. 4; Plans as Existing and Photographs, Drawing No.1 & Plan as Proposed with Photographs- Drawing No.2 submitted in support of this application, dated stamped and received on 17th October 2018.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following property 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):

KC Foods Ltd, Hills Meadow Industrial Estate, Douglas

They have raised issues material to the consideration of this application namely; exacerbation of flood risk in a high flood risk area and traffic congestion and they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 This site consists of an existing commercial building (Unit 9) constructed of a box profile steel sheeting with a plastic coating of light blue and existing roller shutter door on the gable facing onto the estate road of Hills Meadow estate. Dimension of this building are 10.8 x 18.7m with an overall height of 6.4m to the ridge of the shallow pitched composite roof, 5.5m to the eaves. - 1.2 The boundary fence is a mixed construction partly of timber and metal sheeting 2.4m high. - 1.3 Though part of the overall curtilage of the Qualtrough Builders Yard, the building adjoins other similar commercial & industrial units within The Hills Meadow Industrial Estate and, is separated from the Qualtrough Builders Yard by the 2.5m high timber and galvanized metal fence. As such the building is orientated, in terms of vehicular access towards the road serving the Hills Meadow Industrial Estate.

2.0 THE PROPOSAL - 2.1 This application seeks to incorporate the building into the operation of the main builder's yard and, in this respect has two main elements;

• o The installation of a 4m deep by 3.6m wide metal roller shutter door and ramp within the east elevation of the building facing into the builders yard, and;
• o The formation of a double gated access to the yard through the metal and timber fence separating the yard from the road through the Hills Meadow Industrial Estate. Either timber of sheet metal gates would be used but not yet specified. Dimensions of the gate would be 2.4m high to match the height of the fence and 4.9m in width.

- 3.0 PLANNING HISTORY

3.1 05/00169/B - Permitted; Use of a former coal yard as a builders merchants premises and the erection of an associated storage shad and sales office building.

- 4.0 PLANNING POLICY

4.1 Douglas Local Plan Orders 1998 - Allocated on Map 2 as Light Industrial. - 4.2 The Isle of Man Strategic Local Plan 2016 - 4.3 Strategic Policy 1: Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using 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.

4.4 Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. Of this document

4.6 General Policy 1: The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations. In this way, development will be directed towards suitable or preferred locations and away from unsuitable or undesirable locations. - 4.7 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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (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;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption.

4.8 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 and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4.

4.9 Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted.

- 5.0 REPRESENTATIONS

5.1 Highway Services: Letter received 04/12/2018. The proposed gates would be erected within the site and away from the public highway. The new gates and roller shutter door should not create any new highway issues or change the existing level of site parking. Highway Services does not oppose the application. - 5.2 Douglas Borough Council: Letter received 23/11/1018. No Objections - 5.3 Neighbours; Two emails received from a neighbouring property owner and business dated 07/11/2018 and 19/12/2018. In summary, issues raised are:

• o Additional traffic using the proposed gate would cause vehicular congestion along the estate road;
• o There is a surface water drainage issue within the estate
• o Any blocking of the water flow needs to be avoided by the proposed gate.

- 6.0 ASSESSMENT

6.1 This application seeks to provide for a physical link between the commercial building located on eastern-most edge of the Meadow Hill Estate and acquired some years ago by the builder's merchant business. At present, though indicated on the Block Plan submitted as being located within the red line area of the builder's yard, this building is physically separated from the builder's yard opening up directly onto Meadow Hill with no internal link to this yard. This application seeks to provide this by positioning a roller shutter door on the (eastern) side of the building directly into the yard and; the provision of a 4.9m wide double gate into the yard from the industrial estate through the existing 2.4m high timber sleeper and metal boundary fence. - 6.2 Highways Services have raised no objections to either the internal roller shutter door which is located within the site and away from the highway or the formation of a new gate as proposed. However, they do advise that the external facing gates be set back within the site and away from the public highways edge and, presumably be inward opening to avoid any infringement onto the highway, As such, they do not oppose this application, Details of the gate in terms of its position in the site, requiring it to be inward opening and set back from the highway edge sufficient to avoid obstruction of the highway and details of design, materials and finishes can be made subject to a planning condition. - 6.3 No issues have been raised by Highway Services in respect of the proposed entrance in its use by heavy goods vehicles generating sufficient traffic to the extent that it would cause traffic congestion within the estate road which is, incidentally, a right of way for this type of traffic. - 6.4 Issues have been raised by an occupant and owner of the adjoining Hills Meadow Industrial Estate in respect of issues of historic drainage and flooding on this site and parts of the industrial estate as a whole. He raises concerns that existing drainage and flooding issues may be exacerbated by the location of the gate in place of the mainly timber sleeper fence it would replace. - 6.5 The site and its surrounding within the Hill Meadow Industrial Estate are indicated as being within a High Risk of Fluvial and Tidal flooding within the Manx Utilities Document and Plans produced in November 2017, and, as such a level of flooding is inherent and historic long standing within this and the surrounding commercial areas. As commercial and industrial sites, it is accepted that these site has a high level of resilience to flooding such as this which will periodically affect all properties. As a replacement barrier in situ, the proposed gates would have no adverse impact upon flooding events in this already high flood risk area.

6.6 Environment Policy 10 of the Isle of Man Strategic Plan 2016 states that where development is proposed on any site where there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission subject to criteria and requirements set out in Appendix 4. - 6.7 Given that the site and its surroundings are shown as historically subject to high risk of both fluvial and tidal flooding on the Manx Utilities' Document and maps of 2017 consideration needs to be given to the possible requirement of a Flood Risk Assessment. Other than the replacement of a timber wall with a gate and an additional entrance from the building into the site interior there is no additional built development proposed of the type or extent that would result in any additional displacement of flood waters when flooding occurs. As such the proposal would have a neutral impact upon the flood risk currently experienced within the yard and the neighbouring industrial estate. Given this, a further flood risk assessment would not therefore be required for this development.

- 7.0 CONCLUSION

7.1 The proposal would remain as Light Industrial in an area indicated for this use in Map 2 of the Douglas Local Plan Order 1998 ; be located primarily within our existing towns and villages in accordance with Strategic Policy 2 of the Isle of Man Strategic Plan 2016 and comply with General Policy 2: of the Isle of Man Strategic Plan 2016 being a development that is in accordance with the land-use zoning and proposals in the appropriate Area Plan in that it is

• o Identified in the design brief in the Area Plan where there is such a brief;
• o Respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• o Does not affect adversely the amenity of local residents or the character of the locality;
• o Does not have an unacceptable effect on road safety or traffic flows on the local highways;
• o Does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;

7.2 Given the location of the site within an existing fluvial and tidal flood risk area where no additional buildings are proposed, the development is likely to have a neutral impact upon the flood risk and, as such, under Policy no formal Flood Risk Assessment would be required under Policy 10 of the Isle of Man Strategic Plan 2016. - 7.3 The gates would provide for additional and improved access to the builders yard that would serve to improve the function of this building without detriment to the function and operation of the highway network, the operation of the adjoining Hills Meadow Industrial Estate. In addition, being an existing commercial yard located within a historic area of High Flood Risk, the proposal would have a neutral impact upon the flood risk within the locality.

- 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.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 01.03.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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