Loading document...
The site represents an L-shaped plot situated on the south eastern edge of the built up part of Balthane Industrial estate. The site lies to the rear of two properties - The Court and Ben the Hoose which are residential properties in the middle of this residential estate.
The site lies within an area of Industrial use on the Isle of Man Planning Scheme (Development Plan) Order 1982.
The site has been the subject of a number of applications, including those for alterations and extensions of The Court:
Proposed now is the erection of an industrial unit to the south east of The Court. The building would be 28m long and 10m wide, 4.8m to the eaves and 6.3m to the ridge. the building will be blockwork up to 2550mm and green cladding above.
The site includes no other land than that of the footprint of the proposed building together with the land right up to the land in front of The Court and the access to the side of The Court. I assume from this that access will then be in front of The Court, then Ben The Hoose, then up the lane alongside the existing industrial building.
The building will significantly affect the outlook and environment of the two residential properties to the north west as well as encouraging more traffic - possibly heavy traffic if it will fit, around the properties. The two residential properties are undoubtedly non-conforming uses within an industrial area and where the outlook and amenities of the residential properties are already severely compromised by the surrounding development and would continue to be so from this development.
However, this is not dissimilar to the building which has been erected in front of Ben The Hoose, by that owner under PAs 97/1321 and 01/1968 and it may be considered unreasonable to be concerned at the residential amenities of The Court when a similar building has been built in front of the adjoining property by the owner of that property.
Access to the new building will be along the existing lane which on my visit was strewn with parked vehicles, some of which did not look as if they are moved on a regular basis (see photographs) then passing in front of the bungalows and to the side of The Court to the new building. The corners
around and past the bungalows are tight and due to the parked vehicles would not be negotiable by larger emergency vehicles. This is now confirmed by the Fire Prevention Officer. I understand that the land on which the building is to be located was sold to the applicant by the owner of The Court who has not objected to this application and who would be most affected. The area is, however heavily industrialised and the erection and use of the new building may result in a clearer access and slightly improved visual environment although impeded outlook and perhaps more noise for those in the residential properties.
Ben the Hoose did not appear to be occupied as a residence on my visit.
The applicant has provided more information by letter dated 5th February, 2007 which suggests that the access is suitable for emergency vehicles. However the excerpt provided excludes the lane leading to the two dwellings which is the area of concern to me.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Mr. Taylor owns Ben the Hoose, with which JR Creer are also associated which is adjacent to the site and the access and as such should be afforded party status in this instance.
Isle of Man Water Authority raise issues related to the servicing of the development and not strictly planning matters and as such should not be afforded party status in this instance.
Fire Prevention Officer raises issues relating to access for emergency vehicles which is a material planning consideration and as such should be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 12.02.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
Whilst the area in which the building is to be erected is designated for industrial purposes, there is inadequate access for emergency vehicles to be able to gain satisfactory access along the lane leading from the estate road to Ben The Hoose and along past this property and The Court to the application site. Whilst the applicant has indicated that this area would be cleared and the vehicles moved, this is not included with the defined site and as such is not within the control of the applicant for the purposes of the application.
Whilst there has been no objection to the application from the occupants of The Court and whilst there is a similar building in front of Ben The Hoose, there is also concern that the erection of a new building in this location along with the industrial traffic which would be generated by the use of the proposed building, would significantly and adversely affect the outlook and enjoyment of The Court as a dwelling.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Refused Date : 15/2/07
Signed : M. I. McCauley Director of Planning and Building Control
Copyright in submitted documents remains with their authors. Request removal
View as Markdown