Officer Report

Application No.: 25/90228/B Applicant: Ellan Vannin Fuels Ltd Proposal: Installation of 60,000L Litre Bunded Tank within the Terminal Site Address: Mill Road Terminal Mill Road Peel Isle Of Man IM5 1TB Planning Officer: Russell Williams Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.04.2025 _________________________________________________________________

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 development hereby permitted shall not be brought into use until the approved 3 stage interceptor drain has been installed within the road gulley in accordance with approved details.

Reason: To safeguard the local water environment from pollution and to prevent adverse impacts upon the nearby watercourse.

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

The proposed fuel tank will be sited within the established fuel depot site and is subservient to other much larger bulk tanks adjacent to the site. The proposal will not give rise to any unacceptable impacts upon amenity in the area or pose a risk to water quality. The proposal therefore complies with General Policy 2 and Environment Policy 22.

Plans/Drawings/Information; This approval relates to the following drawings date stamped 3 March 2025: Location Plan 01 Site Plan 02 Existing Plan 03 Proposed Plan & Elevations 04

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DoI - Highways Services - No objection

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The application site is an area of land to the south of the "new" Peel Power Station. The land is within the ownership of Ellan Vannin Fuels Ltd who own and operate the fuel distribution site. - 1.2 The application sits to the east of Mill Road and a dewatering and storing sediment lagoon. To the west of the site is the power station terminal and to the east are a number of storage tanks associated with the depot. - 1.3 The site is enclosed with palisade fencing and has a gated access off Mill Road.

2.0 THE PROPOSAL - 2.1 The application seeks permission for the installation of 60,000L litre bunded and sealed fuel tank within the depot. - 2.2 The tank would measure approximately 12.3m x 2.4m with a height of 2.7m. The tank will be used in conjunction with loading EVF fuel distribution vehicles. - 2.3 A road gullet will be installed on the site that will include a 3 stage interceptor.

- 3.0 PLANNING POLICY

3.1 The site lies within an area designated as Predominantly Industrial under the Peel Local Plan 1989. The site is not within a Conservation Area, Area of High Landscape or Coastal Value and Scenic Significance. The site is identified as being at risk of surface water flooding, but no risk from fluvial or tidal sources. - 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:

• (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."

3.3 Business Policy 5 states that "On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted…" - 3.4 Environment Policy 22 "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:

• i) pollution of sea, surface water or groundwater;
• ii) emissions of airborne pollutants; and
• iii) vibration, odour, noise or light pollution."

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 None - 5.0 PLANNING HISTORY

5.1 No relevant history. 6.0 REPRESENTATIONS

6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows: Peel Commissioners - No comments have been received DOI Highway Services - No comments have been received

6.2 No representations have been received from members of the public. - 7.0 ASSESSMENT

7.1 The development relates to a low key installation on land zoned for industrial use. The fuel tank will be used in conjunction with the operation of the fuel depot and the principle is therefore acceptable. The key considerations in the determination of the application are:

• o Visual impact upon the area

• Flood risk & water quality IMPACT UPON SURROUNDING AREA

7.2 The proposed storage tank will be sited along the road frontage boundary of the site but behind high palisade fencing. The tank will be seen in conjunction with the bulk tanks to the east and other neighbouring industrial buildings and yard areas.

7.3 Being located within the built up area of the industrial site, the proposed tank and its visual appearance within the street scene are considered to be acceptable. The appearance is reflective of the immediate setting and will not cause any significant harm to visual amenity in the area. - 7.4 The scale of the tank is very small in comparison to the bulk fuel tanks within the site and so there will be no perceived harm to amenity in the area arising from odour. FLOOD RISK AND WATER QUALITY - 7.5 The application site is not at risk of flooding from fluvial or tidal sources, but is at risk of surface water flooding. - 7.6 The proposed tank is a sealed unit, with the fuel tank within a bund that provides additional protection and prevents water ingress that might otherwise cause the cross contamination of surface water. - 7.7 The site is in proximity to the River Nebb, some 100m or so to the west, though flood mapping does not show any direct surface water flow links between the site and the river. - 7.8 The application includes the installation of a 3 stage interceptor drain beside the tank with site levels draining to the interceptor. The interceptor will capture any oil or petrol spillage and remove it safely from the on-site drainage system. This system will provide protection to water quality and protect against any possible cross contamination, such that Environment Policy 22 is satisfied.

- 8.0 CONCLUSION

8.1 The proposed fuel tank will be sited within the established fuel depot site and is subservient to other much larger bulk tanks adjacent to the site. The proposal will not give rise to any unacceptable impacts upon amenity in the area or pose a risk to water quality. The proposal therefore complies with General Policy 2 and Environment Policy 22 and it is recommended that the application is approved. - 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:

• o Applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

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):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

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 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 and/or rights to appeal.

Decision Made : Permitted Date: 07.05.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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