26 July 2006 · Minister for Local Government and the Environment
Recycling Compound, Kewaigue, Braddan, Douglas, Isle Of Man, IM4 1jl
The site is a 5-acre established recycling/storage compound adjacent to the Energy From Waste Facility, accessed from the A6. The proposal sought to regularise additional storage uses including plant (e.g.
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The inspector concluded the 1991 Braddan Local Plan's Open Space (Agricultural) designation had been overtaken by the draft plan's Waste Treatment and Recycling zoning, construction of the EfW plant, …
Policy 6.7
Prevents further extension of industrial areas into open space. Site in Open Space (Agricultural) zone but zoning superseded by draft plan, prior approvals (civic amenity, recycling compound), and implemented EfW/AWP uses reducing weight of policy.
Castletown Local Plan Policy 13.4
Protects countryside/open space. Similar supersession by events and established industrial character around EfW.
Policy B/EI/PR/5 Modified Draft Braddan Parish Plan
Designates land south/east of EfW for waste recycling/treatment without detriment to surroundings (visual/environmental, esp. watercourse); requires landscaping. Limited weight as plan abandoned but indicative of direction; site fits as principal recycling with ancillary storage.
General Policy 2
Standards for visual amenity/services. Scaffold height limited to 3m unenclosed complies.
Business Policy 1
Encourages employment growth per plan policies. Supports complementary storage in waste area.
Business Policy 2
Designate industrial land re scale/transport/labour/utilities. Site near A5/A6, labour pool.
Waste Policy 1
Criteria for waste management. Proposal fits established site.
Approved drawings
This approval relates to drawing Nos. 1141-02 and 1141-03 date-stamped 19 January 2006.
Scaffold storage restrictions
The storage framework constructed of scaffolding shall not at any time exceed 3m in height and shall not be enclosed by sheeting or boarding of any form.
Recommend approval; refusal reasons not sustainable given applicant's construction business and sufficient space remaining for recycling; visual impact minimal from highways relative to EfW scale.
Do not oppose subject to minimum visibility splays of 4.5m x 160m.
No objection but note offence to discharge polluting matter to sewers/watercourses.
Recommend applicant consult on fire precaution measures.
Highways consultation table includes a conditional no objection for PA 06/00086/C requiring visibility splays; Braddan Parish Commissioners recommend approval; Drainage Division has no objection subject to pollution prevention note; Fire Safety Officer requires consultation on fire precautions.
Highways
Conditional No ObjectionDo Not Oppose Subject To Conditions; Visibility splays of 4.5 metres by 160 metres are required from the existing access onto the public highway to serve the intensified use of this development
Conditions requested: Visibility splays of 4.5 metres by 160 metres are required from the existing access onto the public highway to serve the intensified use of this development
Braddan Parish Commissioners
SupportThe Commissioners would recommend approval of the above application.
Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to:; It should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses. Appropriate measures must be taken by the developer / occupier of the premises to ensure compliance with the legislation.
Conditions requested: It should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses. Appropriate measures must be taken by the developer / occupier of the premises to ensure compliance with the legislation.
Drainage Division
No ObjectionThe plans for the proposed development have been fully considered by the Drainage Division of the Department of Transport and our views are as follows:; It should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses. Appropriate measures must be taken by the developer / occupier of the premises to ensure compliance with the legislation.
Conditions requested: It should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses. Appropriate measures must be taken by the developer / occupier of the premises to ensure compliance with the legislation.
Fire Safety Officer
Applicant to consult with Fire Safety Department with regard to fire precautions contained within the proposal.; Recommend: Approve / Defer / Refusal
Conditions requested: Applicant to consult with Fire Safety Department with regard to fire precautions contained within the proposal.
The original application sought to amend PA 03/01574B for a recycling/storage compound adjacent to Energy From Waste Facility, Richmond Hill, Braddan, to permit additional storage of construction materials, plant, equipment and scaffolding; it was refused by the Planning Committee due to inappropriate land use and visual impact on the EfW plant. The appellant argued the additional uses were complementary to approved recycling, supported by planning history including a temporary storage approval implying endorsement, superseded local plan zoning via emerging plans and nearby approvals, no impact on neighbours, and remedial action on scaffold height/sheeting. The Council defended refusal claiming the proposal created a builders yard limiting true recycling and initially harming EfW setting (though visual issue addressed). The inspector found the Open Space (Agricultural) designation overtaken by events including draft plan zoning for waste/recycling and prior approvals; viewed additional storage as part of a combined recycling/storage facility acceptable in planning terms; rejected temporary permission; recommended allowance with conditions limiting scaffold height and drawings.
Precedent Value
Appeals can succeed by demonstrating established use contexts and zoning evolution overriding extant plans; future applicants should document implied consents from related approvals and address visual concerns proactively.
Inspector: Terrence Kemmann-Lane
