DEC Officer Report

Application No.: 20/01506/B Applicant: Isle Learn Limited Proposal: Creation of an additional window Site Address: Unit 2 Block D Eden Business Park Douglas Isle Of Man IM4 2AY Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.02.2021 _________________________________________________________________

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.

This application has been recommended for approval for the following reason. The application is considered to comply with General Policy 2 of the Isle of Man Strategic Plan

• 2016. Plans/Drawings/Information;

This approval relates to drawing numbers 01, 02 and 03 date stamped and received 14 December 2020.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following Government Departments should not be given Interested Person Status on the basis that although they have made written submissions these do not relate to planning considerations:

Department of Infrastructure (DOI) Flood Risk Management Division _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the curtilage of Unit 2, Block D, Eden Business Park, which is situated within the Eden Park estate on the southern side of Cooil Road, Braddan. This unit sits along the western side of the estate and on the corner nearest the central road that connects the four blocks of units. - 1.2 The existing unit is located at the block of units nearest the north-west corner of Eden Park. The unit has double height rear elevation that includes a rear access door and a window on the ground floor and two windows on the first floor. The floor plans for the submission indicates that the unit has a first floor mezzanine level. - 1.3 This unit was recently the subject of an application to enable it to provide build and repair space and specialist equipment training at ground floor and further repair workshop space on the small mezzanine at the rear of the unit in connection with unit 1 under PA 20/00716/C.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the creation of an additional window at ground floor level on the north-west (rear) elevation. - 2.2 The proposed window will be 2.4m wide x 1.1m high with panes to be finished in similar proportions as the existing single pane windows on the rear elevation of the entire building. The window will be located on the left side of the rear entrance door and will be offset 1m from this door. There are no details on the material finish of the window, although its appearance is similar to the existing window at the rear of the unit. - 2.3 This new window which will serve the Specialist Equipment Training Room within this unit and will provide natural light and ventilation for this room.

3.0 PLANNING POLICY - 3.1 The site is not designated for any particular use or purpose on the Braddan Local Plan Order 1991 and falls within an AHLV. Nonetheless, it is a matter of fact that planning approval has been granted for the units for light industrial and research and development uses, and these have been built. The site is however classed as 'Industrial' on the Area Plan for the East and the site is not within a Conservation Area. This unit is situated about 50m east of an area classified as having high likelihood of surface water flood risk on the Isle of Man Indicative Flood Maps - Surface Water Flood Risk. - 3.2 Given the current designation of the site and the nature of the proposed development, the following Strategic Plan policies are considered relevant. - 3.3 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:

• (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; (n) is designed having due regard to best practice in reducing energy consumption.

3.4 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.
• 3.5 Environment Policy 13 Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted.

4.0 PLANNING HISTORY - 4.1 The estate was originally approved in 2011 under PA 11/01232/B for the 'Erection of a light industrial development comprising 4 individual buildings providing 24 separate units with parking and landscaping'. Approval was given and confirmed on appeal, despite being contrary to policy on the basis of the argument made by the applicants that there was a shortage of modern industrial premises of high quality and that this amounted to an overriding need. A case was made by a local agent that occupants for the units could be quickly found. In 2015 a subsequent application was submitted PA 15/00198/B for a variation of condition 10 to allow for an additional research and development use. This was approved subject to conditions.

3.2 The following applications are also considered relevant to the application. 3.2.1 PA 17/01296/B for creation of new window openings in North East elevation. This was approved in February 2018. This scheme proposed the creation of new windows on the ground floor and first floor of the unit.

3.2.1 17/00666/B for creation of an additional first floor window. Approved in November

• 2017.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that that there is 'No Highway Interest' in the letter dated 12 January 2021. - 5.2 Representation from the Department of Infrastructure (DOI) Flood Risk Management Division confirms that that there is 'No Flood Risk Management interest' in the letter dated 11 February 2021. - 5.3 Braddan Commissioners have no objection to the application (11 January 2021).

6.0 ASSESSMENT - 6.1 With the current proposal, the key considerations in the assessment of this application are the visual impact of the proposed development (GP2 b & c), and the impact on neighbouring properties. - 6.2 There are already windows in place within the building and on the affected elevation, and the addition of further openings will not harmfully affect its appearance. The other units may not have additional window apertures on the ground floor of their rear elevation, albeit the new window will not detrimentally alter the appearance of the rear elevation when viewed from the abutting fields. Whilst the symmetry of the window arrangement on the rear will be somewhat altered, this is not considered to be deleterious to the elevation given the utilitarian nature of the rear elevation of the building in question. Besides, the window is intended to provide more natural light to the specialist equipment training room which at the moment is not served by any window since the only window on the ground floor rear elevation serves a WC. - 6.3 It is also noted that the proposal would respect the site and surroundings in terms of both form and design of the existing window openings on this building, although it would be

• wider and would be in keeping with the character of the area which is industrial and therefore the installation of a window would not have any negative impact on its appearance.
• 6.4 With regard to impact on the other units within the property and neighbouring blocks, it is considered that the new window will not affect privacy or outlook of neighbouring business premises as it would be overlooking the surrounding fields.

7.0 CONCLUSION 7.1 The proposal is in keeping with the land-use designation in the Area Plan for the East, and complies with Strategic Policy and is therefore acceptable.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 above who should be given Interested Person Status

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.

Decision Made : Permitted Date: 17.02.2021 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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