18 September 2006 · Planning Committee
Kirby Farm, Vicarage Road, Braddan, Douglas, Isle Of Man, IM4 4la
The proposal sought approval to change the use of seven existing agricultural buildings at Kirby Farm, Vicarage Road, Braddan, to light industrial, storage and warehousing, accessed via an existing approved entrance off Vicarage Road.
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The officer assessed the proposal against the 1991 Braddan Plan zoning it as open space (agricultural) but attached limited material weight to the abandoned Draft Braddan Plan which specifically zoned…
Kirby Farm Policy
Draft Braddan Plan policy designates site suitable for light industrial uses per B/IND/P1-P2, requiring safe access and landscaping masterplan. Officer gave limited weight due to plan abandonment but noted no inquiry challenge; existing access approved and landscaping conditioned.
Time limit
The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
Approved plans
This approval relates to drawing no's. 1023/60/01; 02 submitted as part of this application and date stamped 13th July 2006.
Parking layout
Prior to the taking up of the use, a plan must be submitted for consideration and approval by the Planning Authority, indicating the parking layout within the site. Such a layout to comply with the current parking standards of the Department of Transport Highways Division.
Landscaping scheme
Prior to the taking up of the use, details of the landscaping scheme, which must include indications of all existing trees and hedges within the site, must be submitted for consideration and approval by the Planning Authority.
Landscaping implementation
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the taking up of the use. Any trees or plants which within a period of five years from that date, die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
No external storage
No outside storage of materials associated with the use hereby approved, is permitted within the site.
No objection; site not zoned but de facto industrial use accepted; preferable location visually to Cooil Road
Do not oppose subject to parking layout complying with standards and vehicle turning facility
Do not oppose subject to off-street parking and HGV turning complying with DoT standards
Demand exists for high quality light industrial units near Douglas; supportive of initiatives increasing stock
Braddan Parish Commissioners recommended approval subject to safeguarding conditions; Isle of Man Water Authority requested a water supply connection condition; Society for the Preservation of the Manx Countryside and Environment strongly objected due to loss of agricultural land.
Key concern: loss of agricultural land and requirement to demolish buildings and restore fields if not used for agriculture
Braddan Parish Commissioners
Conditional No ObjectionThe Commissioners would recommend approval of the above application, subject to reasonable safe guarding conditions.
Conditions requested: reasonable safe guarding conditions
Isle of Man Water Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; For connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the IoMWA Planning and Projects Section, tel. 69 59 58
Society for the Preservation of the Manx Countryside and Environment
ObjectionOn these grounds the Society STRONGLY OBJECTS. If no longer required for agriculture, they must be demolished and the land restored to fields.
Arboricultural Officer
No CommentIn PA02/1810, the Planning Committee approved in principle a car franchise dealership on Open Space (Agricultural) land contrary to the 1991 Braddan Plan; appellants argued prematurity pending the emerging plan inquiry and conflict with adopted policies. The inspector found the proposal conflicted with the adopted plan, attached limited weight to the draft plan due to objections, and concluded no need justified departure, recommending refusal which the Minister accepted. In L01NEW/AP06/0247 (application 06/01170/C), the Committee approved change of use of existing farm buildings to light industry/storage/warehousing on agricultural land; appellants raised noise, light, traffic, visual impact and precedent concerns. The inspector attached weight to unchallenged draft plan zoning despite its abandonment, found impacts on residential amenity mitigable by conditions, dismissed precedent fears, and recommended upholding approval with revised/additional conditions.
Precedent Value
Appeals show primacy of adopted plans unless clear material considerations like unchallenged emerging zoning or economic imperatives justify departure; applicants should prioritise zoned sites and propose robust amenity mitigations; prematurity potent where draft plans face objection at inquiry.
Inspector: G Farrington (PA02/1810); John S Turner (L01NEW/AP06/0247)
