DEC Officer Report

Application No.: 22/00477/C Applicant: Legg Surfacing Proposal: Additional use for storage and distribution to existing light industrial unit Site Address: Unit 9 The Paddocks Jurby Industrial Estate Jurby Isle Of Man IM7 3BD Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 28.07.2022

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. It is considered that the proposal would have no adverse impact upon public or private amenities and therefore comply with the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 16.05.2022. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is Unit 9, The Paddocks which lies within Jurby Industrial estate to the north of the Jurby Estate Road and east of the A10 Jurby Coast Road. The site is surrounded by existing industrial units, albeit to the north east of the site is a woodland area and northwest is a flat grassed area, which recently gained planning approval for new industrial units, the application site being one of the units.

2.0 THE PROPOSAL - 2.1 The application initially sought approval for the change of use to a Goods Vehicle Operations Centre. However this description was incorrect as this is not a planning use and therefore not a matter that can be considered. Accordingly, the description was changed to; "Additional use for storage and distribution (Class 2.4) to existing light industrial unit (Class

• 2.2)".

2.2 The applicants explain they will arrive at the site around 7am to pick up their vehicle and then drive round the IOM picking up supplies. Road and pavement surface treatments is the nature of the business. They delivery supplies and any waste is recycles at Middle Park Recycling before they return to the site to park the vehicle. There are 5 members of staff employed. They operate 7am till 4pm Monday to Friday. - 2.3 They also confirmed; "There is on occasion (if its a restricted access site) we would mix a couple of mixes in the unit prior, or we would make some wood shuttering etc." "Storage of some of our Resin Products which I'm assuming as its an industrial unit that requires no planning."

"There will be no waste transfer at the unit, our waste is minimal, just empty pallets packaging which is taken to a recycling centre at the end of any given day."

- 3.0 PLANNING HISTORY

3.1 The previous planning application is considered to be specifically material in the assessment of the current application: - 3.2 Minor Change application to PA 19/01102/B involving alterations to approved cladding and blockwork and forecourt area finish - 21/00414/MCH - APPROVED. - 3.3 Erection of an industrial building to provide four units with associated hard standing and 22 car parking spaces - 19/01102/B - approved

- 4.0 DEVELOPMENT PLAN POLICIES

4.1 The application site is within an area designated as "Airfield" identified on the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area. Given the nature of the application it is appropriate to consider the following planning policies: - 4.2 General Policy 2 states: "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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;

• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (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;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

4.3 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7." - 4.4 Appendix Seven of the Strategic Plan sets out the parking standards to be applied to new development which states that light industrial, storage and distribution should have one space per 30 square metres nett floor space.

- 5.0 CONSULTATIONS

5.1 DOI Highways Services made the initial comments (20.05.2022); "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking." - 6.0 ASSESSMENT

6.1 The main issues to consider is the principle of the use and parking provision/highway safety

6.2 In terms of use the business which operates from the site is a surfacing company (i.e. new driveways, roads etc) which can utilises the building under the extant planning approval (industrial use), but also store goods and distribute the goods to their various jobs. However, they appear to require permission to park their vehicles associated with their business through the RTC; however, form a planning point of view it is the use of the building which is the material consideration. From this respect the proposal raise no concerns and is considered acceptable. - 6.3 In terms of parking requirements Highway Services have considered the application and have raise no objection. The proposed use of parking inside the building does not affect existing parking located outside the building.

- 7.0 CONCLUSION

7.1 For the reasons outlined above it is considered that the proposal would have no adverse impact upon public or private amenities and therefore comply with the Isle of Man Strategic Plan 2016 and it is therefore recommended that the planning application be approved. - 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: 28.07.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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