DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/01366/C Applicant: Highway Express Ltd Proposal: Additional use as Class 2.4 Storage & Distribution (retrospective) to approved use Class 2.2 Light Industrial Site Address: Units 4-11 Old Mart Place Colas Drive Balthane Industrial Estate Ballasalla IM9 2AJ Planning Officer: Ms Jill Nixon Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 24.02.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reason. The proposal complies with the relevant criteria of General Policy 2 of the Isle of Man Strategic Plan (2016) and Employment Proposal 1 of the Area Plan for the South (2013)

Plans/Drawings/Information; This decision relates to the following plans and drawings received on 24/11/23:

• * Existing and Proposed Site (and location) Plan - Drawing 23/28/02
• * Proposed Plans - Drawing 23/28/03 _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site comprises of 3 units currently managed as one located within the

Balthane Industrial Estate situated on Colas Drive

1.2 The units are typical portal frame clad units surrounded by a concrete apron. The unit is subdivided into three one large unit which is twice the size of the other two. The building has 8 loading bays with rollers shutters and 8 doorways on the front elevation and 8 doorways on the rear elevation .5 of each the access points are located within the larger unit, 2 of each are in the

smaller unit situated in the middle and the other smaller unit accommodates one of each of the door ways in addition to pedestrian door ways

2.0 THE PROPOSAL - 2.1 This planning application seeks retrospective planning permission for the units.to be used

for storage and distribution which is Use Class 2.4 in addition to the approved use which is for light industrial (Use Class 2.2)

2.2 Permission is not sought for any alterations to the building or its fenestration, the submitted plans indicate that an ancillary office and drinks station have been installed internally in the largest of the three units - 2.3 The plans indicate that an area on the existing concrete apron to the side of the building is to be allocated for staff parking and a separate area to the front will accommodate 2 visitors' parking spaces. The vehicles used to move and deliver stock are parked either within the units or on the apron

3.0 PLANNING POLICY - 3.1 The site is designated as Industry on the Area Plan for the South 2013. As such, the proposed use is compliant with the land use designation; the following Strategic Plan policy is therefore relevant: - 3.2 General Policy 2 (states 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:

• 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;

• 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; k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan."

3.3 In addition to the IOM Strategic Plan, the Area Plan for the South 2013 also contains the following policy which is fundamental in the assessment of this application: - 3.4 Employment Proposal 1: "All industrial uses, other than small scale light industrial uses considered to be acceptable within the Mixed Use areas, or those uses deemed appropriate by the Isle of Man Strategic Plan Business Policy 7, will be located on the Industrial Estate at Balthane and where appropriate Ronaldsway and the Freeport."

4.0 PLANNING HISTORY - 4.1 There are no applications considered relevant to the assessment of this application.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.1 Highway Services - have considered the application and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking." (1/12.23)

5.2 Malew Parish Commissioners. - No objection (6/12/23) - 5.3 Manx Utilities Authority - No comments received - 5.4 Department of Health and Safety - No comments received

6.0 ASSESSMENT - 6.1 There are no proposed alterations to the exterior of the building or it curtilage therefore the fundamental issues to be considered are principle and traffic/ parking. - 6.2 For the reasons set out in section 3 of the report the principle of the proposal is considered acceptable - 6.3 Highway Services have assessed the application and are satisfied that the proposal has not resulted in any significant negative impact upon highway safety, network functionality and /or parking.

7.0 CONCLUSION - 7.1 It is considered that the continued additional use of the site as storage and distribution is acceptable in this location. The proposal complies with all the relevant adopted planning policies

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:

• * whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• * 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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 04.03.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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