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Application No.: 24/91325/B Applicant: Transport Services Division, Dept Of Infrastructure Proposal: Conversion of industrial facility (use class 2.3) to a railways storage facility (use class 2.4) Site Address: Old Turkeyland Quarry Balthane Road Balthane Ballasalla Isle Of Man Planning Officer: Russell Williams Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 11.02.2025 _________________________________________________________________
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.
2.4 of the Order at any time.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration This application has been recommended for approval for the following reason.
The proposed change of use and siting of the welfare unit and rail bending machine are considered to be acceptable, having regard to the historic use of the site and surrounding area. The development will not give rise to any unacceptable impacts upon the character or appearance of the landscape or highway safety. The proposals therefore comply with General Policies 2 and 3 and Environment Policies 1 and 2.
Plans/Drawings/Information; This approval relates to the following drawings and documents received 22 November 2024: Location Plan Existing Site Plan
Proposed Site Plan
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Malew Commissioners DOI Highways No objection
_________________________________________________________________ Officer’s Report
THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN AND RECOMMENDED FOR APPROVAL
PREAMBLE: This application was considered by Committee on 24th February 2025 and a decision was deferred in order for Officers to investigate the provision of a land restoration plan in the event of the proposed use ceasing.
Having considered the requirement for a land restoration plan, Officers are of the opinion that such a requirement would not meet relevant tests for the use of planning conditions, as the requirement to restore the land to a former, unknown condition, goes beyond the remit of the proposed development. The condition of the site under its current, lawful use is an existing situation to which there is no planning control that requires any form of land restoration from the previous grant of planning permission for the current use. The proposed use will not in itself exacerbate the existing condition of the site and whilst Members concerns over the poor appearance of the site are understood, this pre-existing situation cannot be remedies through the proposals now being considered.
As such, it would not be lawful to require the applicant to undertake any form of land restoration works if the proposed use were to cease. In order to provide some form of betterment, a condition can be used requiring the removal of the proposed welfare unit, rail bending machine, fencing and any materials stored in the open within the site. Such a condition has been added to the recommendation for members to consider. Otherwise, the report before Members remains unchanged from that considered at the meeting on 24th February 2025.
Recommended additional condition:
Within 3 months of the use of the land hereby approved ceasing, the welfare unit, rail bending machine, Heras fencing and any other materials, implements and machinery that may be stored on the land, shall be removed and the site returned to a condition to the satisfaction of the Department.
Reason: To minimise the impact of the development upon the character and appearance of the landscape.
1.0 THE SITE - 1.1 The application site forms part of the former concrete works at Turkeyland Quarry. The site is located approximately 0.5km north of Ronaldsway Airport at its nearest point.
1.2 The site comprises areas of hardstanding that have been used historically for general industrial purposes with open storage of materials and the like. - 1.3 There is an existing building to the southwest on land outside the application site which is associated with the former concrete works.
2.0 THE PROPOSAL - 2.1 The application seeks planning permission for the change of use of land from a concrete block manufacturing plant (use class 2.3) to a railways storage facility (use class 2.4). - 2.2 The application includes the siting of a welfare unit on the site, which will provide a WC, plant room, changing area, canteen and meeting space. The unit will measure 7.6m x 7.75m with a height of 2.44m. It will be finished externally in profiled metal sheeting with various windows and doors. - 2.3 Also proposed is the siting of a 40m x 12m rail bending machine which will be located on an existing concrete pad. Heras fencing will be erected to the boundary of the site for security.
3.1 The site lies within an area not designated for any particular purpose on the Area Plan for the South. The site is not within a Conservation Area or a Flood Risk Zone but is within an Area of High Landscape or Coastal Value and Scenic Significance.
3.2 General Policy 2 of the Strategic Plan is considered applicable, which states: "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:
3.3 General Policy 3: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
3.4 Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 3.5 Environment Policy 2: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
5.1 The following applications relate to the application site: 97/01829/B - Proposal: Extension to blockworks kiln building at Turkeyland Quarry. Permitted 26 March 1998
6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows: Malew Commissioners - No objection.
DOI Highway Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the proposals would generate a similar or negligible higher traffic generation to the existing site use, the site access and layout is acceptable for the proposals including available space for
staff parking, and the public highway to the site from Balthane has adequate width for two-way movements and passing places where is goes down to single width road.
6.2 No representations have been received from members of the public. - 7.0 ASSESSMENT
7.1 The key considerations in the determination of the application are the principle of development, impact upon the landscape and transport impacts.
7.2 The application site is not zoned for any particular purpose but nonetheless it has an established industrial use that has been in place for more than 30 years.
7.3 The proposal will result in the general industrial use of the land being changed to storage with some associated maintenance works being carried out. - 7.4 The proposed railway storage use is considered to be compatible with the adjoining use of the wider Turkeyland Quarry site. Being an established brownfield site the proposed use is considered to be acceptable and the proposal is considered to fall within the scope of development that is allowed by General Policy 3(c). - 7.5 The principle of development is therefore acceptable. IMPACT UPON THE CHARACTER AND APPEARANCE OF THE AREA/LANDSCAPE - 7.6 The application site is located within an established industrial area that has been used for open storage of materials within various yard areas historically. The site has a somewhat poor appearance within the landscape as a result, but is not overly visible from public vantage points. - 7.7 Environment Policies 1 and 2 seek to protect the countryside from inappropriate development, especially where land is not zoned for development. - 7.8 The proposed use will require the siting of a small welfare building on the site which is subordinate in scale to buildings on adjoining land. Similarly, the rail bending machine is centrally located and although some 40m in length, it is not a tall piece of machinery. - 7.9 Neither the welfare unit or rail bending machine will adversely impact upon the character or appearance of the surrounding landscape and the use of the land for railway related storage or materials, implements and machinery is considered to be acceptable in this location given that the site is within an established industrial site. - 7.10 The proposed development is considered to have an acceptable landscape and visual impact and complies with General Policy 3 and Environment Policies 1 and 2. TRANSPORT AND HIGHWAY SAFETY - 7.11 The site is accessed along a 750m length of private road that joins the A12 to the northwest. The application does not include any information on the site has an established general industrial use and the proposed use as storage for the DOI is not considered to be a highly intensive use and one that is likely to generate fewer movements than the historic use of the site. - 7.12 Historic approvals at Turkeyland Quarry have permitted an intensification in use of the access and private road and it is pertinent to note that the DOI Highway Services do not object to the proposals.
7.13 The access and private road are considered to be of a suitable and safe standard to serve the proposed storage use in the same way as it has done historically to the wider general industrial use of the wider site. - 7.14 The proposals are considered to comply with General Policy 2 (i) and will not have an adverse impact upon highway safety.
8.1 The proposed change of use and siting of the welfare unit and rail bending machine are considered to be acceptable, having regard to the historic use of the site and surrounding area. The development will not give rise to any unacceptable impacts upon the character or appearance of the landscape or highway safety. The proposals therefore comply with General Policies 2 and 3 and Environment Policies 1 and 2. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
9.5 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 the Right to Appeal.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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 and/or rights to appeal.
Decision Made: Permitted Date: 17.02.2025
Signed : R Williams Presenting Officer
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