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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/01344/A Applicant : Mongoose Limited Proposal : Approval in principle for the erection of 34 industrial / commercial units addressing siting and means of access Site Address : Land Off Harcourt Drive Balthane Industrial Estate Ballasalla Isle Of Man
Principal Planner: Miss S E Corlett Photo Taken : 09.01.2020 Site Visit : 09.01.2020 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 14.08.2020 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Reason: To avoid the accumulation of unimplemented planning approvals.
C 3. Approval of the details of the design, external appearance of the building[s], internal layout, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
C 4. None of the buildings hereby approved may have more than one floor of accommodation unless it can be demonstrated that the additional parking spaces required by the Strategic Plan (Appendix Seven) in respect of the additional floor area resulting from any additional floors can be accommodated within the site.
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Reason: the parking provision is considered acceptable on the basis of the floor area of the proposed units as shown in the submitted plans and on only one floor of accommodation per building.
C 5. The application for the reserved matters must include a detailed landscaping and planting plan which demonstrates how the introduction of new trees and shrubs will result in an acceptable visual and ecological impact on the area. Planting must also be introduced to reinforce the existing planting adjacent to the A5.
Reason: appropriate landscaping can enhance the site in terms of the visual impact and effect on well being, ecology, drainage, cooling, traffic calming, the value of the development and the environment.
Note: the applicant should take into account the provisions of the Wildlife Act 1990 in terms of species of planting which are not permitted to be introduced or spread (Schedule 8).
C 6. The application for reserved matters must include details of the incorporation of bird boxes within the development including the siting and type of boxes proposed.
Reason: to enhance the ecological impact of the development.
C 7. The application for the reserved matters must include the following highway information:
i. details of all parking provision which demonstrates that a range of vehicles including those larger than standard cars, can be accommodated within the site ii. details of the storage of waste receptacles iii. vehicle tracking information relating to a box van and a refuse vehicle demonstrating that they can satisfactorily access, manoeuvre within and egress from the site and iv. details of the provision of secure bicycle storage.
Reason: the submitted information does not demonstrate how these matters will satisfactorily be addressed.
C 8. No other development may occur on the site in association with the development hereby approved, until the access onto the Balthane Estate Road has been improved as shown in the submitted plan 22099-02 and 22099-02-1 within the Transport Assessment and this access must be retained as such thereafter.
Reason: in the interests of highway safety.
This application has been recommended for approval for the following reason. It is considered that the information provided demonstrates that 34 industrial units could be accommodated within the site without any adverse impact on the Environment as set out in General Policy 2 of the Strategic Plan
Plans/Drawings/Information;
This decision relates to drawings SM19/509/5 and 03 received on 28th November, 2019, the Landscaping Statement received on 20th July, 2020 and the Transport Assessment received on 23rd July, 2020.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties 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):
West Wind and Sycamore Cottage as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
It is recommended that the following authority should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations
Manx Utilities __
Officer’s Report
THE SITE 1.1 The site is a parcel of land which lies within Balthane Industrial Estate but abuts the A5 Ballasalla to Castletown Road between the Airport Garage and West Wind and Sycamore Cottage - residential dwellings. Sycamore Cottage abuts the application site with the gable on the boundary. Access is presently only from Balthane via a route which runs between a number of industrial buildings and providing access onto Balthane Road. At the point of access the applicant owns the land to the north but not to the south. Visibility is limited at this point by vegetation outside the red line to the south and a gate pillar which is within the application site to the north.
THE PROPOSAL 2.1 Proposed is the principle of the erection of a range of 34 industrial buildings on the site. The siting and means of access are for determination now. The existing and proposed conditions are both described as industrial/commercial. No supporting information is provided and "commercial" is not a recognised land use so it is not clear what uses this is intended to cover.
2.2 The plans submitted show the retention of the existing trees along the frontage with Douglas Road (A5) and a grass verge generally around the buildings but otherwise no landscaping.
2.3 The units are of three different sizes - 9m by 13.5m (9), 9m by 10m (18), 9m by 14m (5) and 9m by 20m (1).
2.4 89 parking spaces are provided: generally each unit has two spaces alongside and clear of the main access into the building with an area of further spaces in the northern corner of the site. Each space appears to be around 6m long and 2.7m wide.
2.5 The entrance onto Balthane Road is to be widened through the removal of an existing stone wall to the north of the entrance. The realigned and widened roadway into the site comes close to existing buildings on each side.
2.6 The applicant has provided additional information in the form of a statement including planting details dated 20.07.20 and a Transport Assessment received on 23.07.20. The planting details include a report from a local Landscape practitioner who describes the benefit of incorporating planting within new developments and the intention to introduce ornamental trees to be enclosed in a tree bunker that can provide room under hard surfaces for roots to grow without compromising the above ground surfaces. It describes the type of trees to be
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introduced - Himalayan birch and rowan and a range of plants - hebe, cistus, senecio, ceanothus and cotoneaster (which is included in Schedule 8 of the Wildlife Act).
PLANNING POLICY 3.1 The site lies within an area of Industrial Use on the Area Plan for the South. There is a development brief contained with the Area Plan Written Statement which states the following:
"Employment Proposal 2: It is proposed that Site 4 to the north east of the Freeport should be designated for Office and/or Industrial Use and be subject to Development Brief 4.
6.9 Site 4 Location: North-east of Freeport, Malew Proposed designation: Office/Industrial Development Brief 4:
a. Vehicular access must be from the Balthane Industrial Estate Road. Emergency access only will be allowed from the Main Road (A5); b. Parking matters; c. Building size and design; and d. Landscaping; provision must be made for a substantial landscaped area adjacent to the Main Road."
3.2 Industrial uses should have provided one parking space for every 50 sq m of gross floor space in accordance with Transport Policy 7.
3.3 The development should accord with General Policy 2 of the Strategic Plan as follows:
"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; (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; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan and (m) takes account of community and personal safety and security in the design of buildings and the spaces around them".
PLANNING HISTORY 4.1 Planning approval has been granted for the creation of a fenced storage compound under 09/01796/R. Previously permission was granted for the principle of an administrative headquarters under 98/00995/A with industrial development of the site having been approved prior to that.
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REPRESENTATIONS 5.1 Malew Parish Commissioners have no objection (08.01.10).
5.2 Highway Services comment as followson 29.07.20):
The site is considered to be accessible to sustainable forms of travel.
The principal access is to be improved: the second access to Balthane Road is to be restricted to existing users by a new boundary treatment The third access into Harcourt Drive is to be retained but is considered unsuitable to cater for the intensification of use as there is inadequate width at the bend to cater for two way traffic although they note that the applicant views this as something for resolution at the reserved matters stage in managing the internal arrangements and conclude that it will need to be revisited at the reserved matters stage to ensure that there is a safe and practical arrangement for all users. Similarly at the reserved matters stage it will be necessary to demonstrate that a larger vehicle can reach units 1-18.
They add that consideration is necessary of existing users and any displacement by the proposal in particular at the bend and for waste collection access and egress. They suggest that consideration should be given to the enlargement of some of the spaces due to the nature of the development and the likelihood of vehicles using the estate not being standard sized cars.
They also recommend the provision of electric vehicle charging points and secure, covered parking for bicycles and waste bin storage. Numerically the parking provision is above the minimum requirement (89 compared with 76) providing opportunities for the enlargement of some of the spaces as referred to above. They suggest that the communal parking area needs a reversing area to access the end bays, typically of 3m length.
They refer to the supplied Transport Assessment and consider that the data provided is within the acceptable range and comprehensive in its coverage and that the amount of traffic resulting from the development would be "modest" relative to the existing traffic on the network.
They conclude by stating that the proposed access from Balthane Road is acceptable but that further consideration is needed to address the internal pedestrian and vehicular arrangements notably hwere there appears to be third part involvement, such as at the bend, at the junction with Harcourt Drive and at the other access and egress points to existing premises. Amendments need to be made to internal aisles and turning addressed.
They recommend approval subject to conditions, inter alia, which address access improvement, visibility splays and pedestrian crossing to accord with the DTA Transport Assessment drawing number 2209-02 and the submission of further details to cover the internal layout, Harcourt Drive area arrangements provision and arrangement for bicycle and vehicle parking, provision of electric vehicle charging points and wast bin storage, a swept path analysis for the entire site using a box van and waste collection vehicle together with an advisory note regarding the need for an Agreement under 109a of the HIghway Act to cover highway related works.
5.3 The Department's Arboricultural Officer raises no objection but suggests that additional tree planting could be introduced which would enhance the site in terms of the visual impact and effect on well being, ecology, drainage, cooling, traffic calming, the value of the development and the environment (16.12.19).
5.4 The owner of West Wind seeks clarification on a number of issues including the height of vehicles to be parked and the height of buildings which will affect the impact on the enjoyment
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of his property, together with concerns about the maintenance of and access to his boundary wall (18.12.19).
5.5 DEFA Ecosystems Policy Officer has no objection to the erection of industrial units in this area, they suggest that if the development is approved in principle, more thought and detail is given about the landscaping of the area and the incorporation of more shrubs and trees in the area would be of much greater benefit to local biodiversity and it would be good to see the incorporation of bird boxes integrated into the buildings' design (02.01.20).
5.6 Manx Utilities has no objection to the application but suggest conditions regarding the existing drainage system, water attentuation and compliance with the Sewerage Act 1999 (10.01.20).
5.7 The owner of Sycamore Cottage expresses concern at the potential for adverse impact on their privacy, outlook, traffic noise, dust and smell from the businesses potentially operating from the site. They do not consider that the 20m distance is observed as referred to in the Residential Design Guidance (29.12.19).
ASSESSMENT 6.1 The site is designated for industrial purposes so the principle of the development of industrial units here is acceptable. In addition, there is a development brief within the Plan which must also be satisfied. The application seeks approval for a specific number of units and as such, the application must demonstrate that this number of units can be accommodated without any adverse effects as set out in General Policy 2 of the Strategic Plan.
Accordance with the development brief (GP2a) 6.2 The size of the units in terms of their footprint is provided together with access which is not from the main road and sufficient space for significant landscaping alongside the A5. There is sufficient provision for car parking all in accordance with the development brief in the Area Plan.
Impact on the character and appearance of the area (GP2b, c and g) 6.3 The area has a mixed character, having two very different houses alongside, together with the garage and industrial units on the other side and more industrial units of varying types to the south and south east. Whilst no elevations have been provided, the size of the units in terms of their footprints indicates that they will not be the large span buildings found around the site.
Impact on the living conditions of those in adjacent property (GP2g and k) 6.4 It is important that the proposed development has an acceptable impact on the dwellings abutting the site and it is noted that the units are not directly in front of the windows of either property, these windows looking out onto car parking areas associated with the proposed buildings and in the case of Sycamore Cottage, with a grassed area 3m wide between the boundary and the parking spaces. There are two windows in the gable of Sycamore Cottage which look out onto the site and there is a wall surrounding West Wind which prevents a direct view into the site from this property. The designation of the site as industrial suggests that there will be some form of industrial development on this site and this must be borne in mind when determining what is reasonable in terms of impact on the neighbouring properties.
6.5 The size of the units is such that it is unlikely that any would be used for purposes which will result in significant impacts through traffic, noise or activity.
Impact on the highway and parking (GP2h, i and m) 6.6 Subject to reserving consideration of the details of the size of the parking spaces, the internal manoeuvring space and bin and bicycle storage, Highway Services have no objection
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to the application. It is notable that there are more than the required number of parking spaces which is important as parking on the public highway in the vicinity is not practicable.
Retention of existing landscape features (GP2f) 6.7 There are few notable landscape features currently within the site other than that found on the boundary with the A5 which is to be retained.
CONCLUSION 7.1 It is considered that the information provided demonstrates that 34 industrial units could be accommodated within the site without any adverse impact on the Environment as set out in General Policy 2 of the Strategic Plan and the application is supported subject to conditions which address most of the issues raised by Highway Services, the Arboricultural Officer and the Ecosystems Policy Officer.
INTERESTED PERSON STATUS 8.1 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.
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 in Article 6(4) who should be given Interested Person Status.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 14.08.2020
Determining officer
Signed : J CHANCE
Jennifer Chance
Director of Planning and Building Control
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