DEC Officer Report

Applicant: Carrera Investments (IOM) Limited Proposal Installation of an above ground diesel tank (25,000 litres) with screen Site Address Filling Station Corkills Garage Main Road Onchan Isle Of Man Case Officer : Mr Chris Balmer Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 24.03.2020

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The tank hereby approved shall not re-filled outside the following times;

9am-7pm Monday to Saturday, and 12pm -5pm on Sundays and bank holidays.

Reason: In the interest of residential amenity. This application has been recommended for approval for the following reason. Overall, it is concluded that the planning application is in accordance with aforementioned Policies of the Isle of Man Strategic Plan 2016. As it would not have a significant impact upon private or public amenities it is recommended for approval. Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers SM19/511/1 received on 28th November 2019 and 28.01.2020.

Interested Person Status – Additional Persons

It is recommended that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Sea View, 59 Governors Road, Onchan Holly Cottage, 57 Governors Road, Onchan As they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).

________________________________________________________________ Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE LCOAL AUTHORITY HAVE RECOMMEND THE APPLICATION BE REFUSED CONTARY TO THE RECOMMENDATION OF THE PLANNING OFFICER

1.0 APPLICATION SITE - 1.1 The application site is the curtilage of light industrial buildings to the rear of Corkills petrol station, along with its associated retail element, which is located north of Main Road, Onchan at the mini roundabout connecting Main Road with Governor's Road (to the west) and Summerhill Road (to the southwest). The petrol station is open from 7am until midnight, seven days a week. - 1.2 The units are currently occupied as follows:

• Unit 1- Pharmacy,
• Unit 2 - ATM machine/ offices Carrera classics;
• Unit 3 -T shirt printers. Unit 4&5 is a retail shop with day care and grooming for animals.

1.3 To the west of the units are parking for approximately 20 cars. - 1.4 The nearest residential dwellings are located on Victoria Avenue (odd No's 1-29) which are located to the rear/ north east of the application site. The nearest affected property would be 18m from the corner of the application site to the corner of the rear extension to No. 1 Victoria Avenue. To the west of the application site are the properties of Queens Road with (even No's 4-24) whose rear gardens share a boundary with the site. It should be noted the difference in ground levels with the residential properties on either side and to the rear being at a much higher level than the application site. To the rear of the application site is the property "Seaview" 59 Governors Road, Onchan which sits around 16-17m away from the proposed location of the works. "Holly Cottage" 57 Governor's Road Onchan is located to the west of the existing entrance of the petrol filling station located approximately 47m to the south of the site in question.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the installation of an above ground diesel tank (25,000 litres) with screen. The tank would be 4.7m in length, 2.5m wide and 2.5m high. Around the tank it is prosed to erect fencing. - 2.2 The applicants advise that the tank will hold diesel fuel and will supply the forecourt dispensing pumps at the front of the site. No other fumes will be released from the tank and no pumps are located near to the tank. The applicants advise such tank also exists at other petrol station throughout the Island, namely Laxey and Kirk Michael.

- 3.0 PLANNING HISTORY

3.1 The application site has been the subject of numerous change of use application over the years. The more recent applications considered relevant to this application are; - 3.2 Installation of two jet wash units with canopy roof over and associated facilities 17/01174/B - APPROVED - 3.3 16/00980/B - Installation of two wash jet units, dryer facility and silt traps. The application was presented before the planning committee who agreed with the principle of the application but sought to amend the hours of operation from the proposed 8am-8pm, seven days a week to;

Monday to Saturday 9.00am - 8.00pm Sunday and Bank Holidays 10.00am - 6pm.

In order to protect the amenities of the residential area.

• 3.3.1 The application was appealed by a 3rd party with interested person status and the independent planning inspector, on balance, recommended refusal which was upheld by the Minister. The inspector concluded; "for the reasons for potential harm to the amenity by way of noise intrusion and water spray, causing overriding harm to residential amenity, contrary to GP2 and EP22, I conclude that the appeal should succeed (3rd Party Appeal) and the decision of the planning authority be overturned".
• 3.3.2 The Minister for Environment, Food and Agriculture, noted the decision was finely balanced but accepts the recommendation of the Appointed Inspector with concerns over the adverse effects from noise and water spray causing overriding harm to residential amenity.
• 3.3.3 However, the Minster also noted that should a new planning application be submitted, consideration should be given to the inspectors comments within their report (para.45;46;48;49) and consideration should be given to a form of physical enclosure; positioning of the jet washers; and a new technical noise assessment should be carried out to form the basis of a new application.
• 3.4 16/00817/C - Unit 4 & 5 - Change of use to pet shop, dog day care and dog grooming parlour. APPROVED.
• 3.5 15/00711/D - Unit 1 - Installation of both illuminated and non-illuminated signage. APPROVED.
• 3.6 15/00549/B - Unit 1 - Installation of an ATM. APPROVED.

- 4.0 DEVELOPMENT PLAN POLICIES

4.1 In terms of local plan policy, the site falls within an area of Mixed Use (Residential / Office / Retail) as zoned on the Onchan Local Plan Map No.2. - 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:

• (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".
• (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;

4.3 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:

iii) vibration, odour, noise or light pollution."

- 5.0 REPRESENTATIONS

5.1 Onchan District Commissioners recommend refusal (08.01.20) due to the "Layout, design and the potential for noise during operation." - 5.2 The Department of Infrastructure Highway Services do not object (18.12.2019). - 5.3 The owners of 'Seaview' 59 Governor's Road Onchan, object to the application on the following summarised ground; (16.12.19) Why can't tank be installed underground, is it because is overdeveloped; confirmation with the applicant he has advised that the tank will be filled up to a maximum of 3 times per week and during normal working hours, there is no chance of any smell from the fumes and it is fully sealed system; is there is no chance of odour form the tank where is the vent located, it should not be at the site as out bedroom window is directly above; risk of fire and explosion of large tank; and would like confirmation that there will be no noise form the tank itself during operation and that any cleaning of the tank/area will be done during normal working hours.

(14.02.2020)

Further to comments made by applicants we still have concern of vapour from a tank holding 25000litres of fuel, if there are no vents then this shouldn't be a problem; tank should be closed near to forecourt which would reduce need for tanker to reverse in the site to the tank; if approved a condition should be attached which requires that any odour is caused that it be re sited or urgent remedy be sought by the applicant; and will the existing diesel underground tank be permanently decommissioned ad if so how will be done.

6.4 The owners of Holly Cottage 57 Governor's Road Onchan, object to the application on the following summarised ground; (09.01.2020) Property is adjacent to the site and I have concerns of the fumes the tank wil omit; there is already a high level of odour form the underground tanks and this will worsened by an over ground tank, especially during filling times; and it will be unsightly and add to noise disruption. - 7.0 ASSESSMENT

7.1 The fundamental issues to consider in the assessment of this current planning application are:

• (i) Principle of the proposed facility in this location (General Policy 2 b &c);
• (ii) The impact of the tank on the residential amenity with regard to potential noise and smell (Environment Policy 22 General Policy 2g).

• (i) Principle of the proposed facility 7.2 The area is zoned for mixed use, and is located within the village of Onchan. The proposed use would be complimentary to the fuel forecourt and store of fuel on such site is required. There is a mixed range of businesses occupying the units which all involve the coming and going of members of the public with vehicles. It is not considered there would be any confliction of use amongst these existing business users and is considered that the proposed use would not be contrary to General Policy 2 (b) & (c).

• (iii) Residential amenity

7.3 In terms of the actual structure of the tank and associated fencing around, given the significant ground levels differences of the site and surrounding neighbouring properties, there would be no adverse impacts through loss of light and/or overbearing impacts upon outlooks from residential properties. The sole issues relates to the potential pollution caused to neighbouring properties namely through noise and smells. - 7.4 In terms of noise, the tank would not result in any noise as the pumps which would pump the fuel from the tank to the force court are located at the front of the site and would

• utilise the existing pumps (existing). A tanker will presumably visit the tank on a regularly basis (suggested 3 times a week); however, the area where the tank would be sited is adjacent to a car park with vehicles coming and going on a regularly basis. It is not considered a tanker coming and going from this site would raise a significant impact over and above the existing situation. It is considered a condition requiring the hours of when tanker can visit the site should be attached as clearly a tanker visiting the site early in the morning or late at night would have a greater impact than during "normal working hours". It is noted the previously approved car wash facilities (on the same site) was approved with the operating hours of 9am7pm Monday to Saturday, and 12pm -5pm on Sundays and bank holidays. It is consider such times would be appropriate to allow the tanker to visit and fill the tank. iii) Other matters
• 7.5 The tank would be well screened from public view being located to the rear of the site and also screened by the proposed fencing. The existing view of the site is of a retaining wall, accordingly, it cannot be said the proposal would have any adverse impact to the visual amenities of the area to warrant a refusal.

- 8.0 CONCLUSION

8.1 Overall, it is concluded that the planning application is in accordance with aforementioned Policies of the Isle of Man Strategic Plan 2016 as it would not have a significant impact upon private or public amenities, it is recommended for approval. - 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 9.2 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 in Article 6(4) who should be given Interested Person Status. _______________________________________________________________

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : …Permitted……….... Committee Meeting Date:…05.05.2020

Signed :………S BUTLER……….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our onlineservices/customers and archive records.

Planning Committee Decision 05.05.2020

Application No. : 19/01343/B Applicant : Carrera Investments (IOM) Limited Proposal : Installation of an above ground diesel tank (25,000 litres) with screen Site Address : Filling Station Corkills Garage Main Road Onchan Isle Of Man

Principal Planner : Mr Chris Balmer Presenting Officer S BUTLER

Addendum to the Officer’s Report

The Committee endorsed the Officer recommendation subject to inclusion of a clarification note regarding Health and Safety obligations and required compliance with Building Regulations.

Note The proposal will require approval under the Building Control Regulations (2014 - as amended). The OFT has issued a licence to keep petroleum spirit in underground tanks at CORKILL'S GARAGE, MAIN ROAD, ONCHAN, subject to the provisions of the Dangerous Goods Acts, 1928 and 1954, the Dangerous Goods Orders, 1928 to 1950 and conditions appended to the licence.