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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 20/00170/B Applicant : Robinsons Limited Proposal Erection of a cold store warehouse with ancillary office / welfare facilities, extension and reorganisation of site car parking, extension of cycle way to Cooil Road and associated landscaping works Site Address Ballapaddag Robinsons Limited Cooil Road Douglas Isle Of Man IM4 2AF
Case Officer :
Mr S Butler Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 21.05.2020
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders the building hereby approved shall be used only for a purpose within Use Class 2.4 and shall not be used for any other purpose without the express grant of planning approval from the Department.
Reason: to ensure that the development takes place in accordance with the approved details and to prevent any retail or office use.
C 3. The external finishes used on the building hereby approved shall be in accordance with the annotations on drawing No. 4730-007 (date stamped as having been received 14.02.20) and retained as such thereafter.
Reason: in the interests of visual amenity and to ensure that the development takes place in accordance with the approved details.
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C 4. No solar panels shall be installed or altered on the site unless in accordance with details which have first been approved in writing by the Department.
Reason: to ensure that any panels which are installed do not detract from the visual appearance of the building.
C 5. Notwithstanding the details approved and the provisions of the other conditions set out on this decision notice, no works shall take place within the high-pressure gas main easement as shown on plan 4730-001 P3 unless in accordance with details (including working method and any planting details) which have first been approved in writing by the Department.
Reason: to ensure the protection of the pipeline.
C 6. The proposed tree planting shall be carried out in accordance with the Landscape Concept Plan (DRG No.01, Rev D) and the approved details submitted in support of the application. The works shall be carried out in the first planting and seeding season following the completion of the development. Any trees, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced as is reasonably practicable or in the next planting season with others of similar size and ,species and number as originally approved, unless the Department gives written consent to any variation.
Reason: to ensure the provision and establishment of a replacement trees
C 7. The development hereby approved shall not be brought into use until the vehicular access has been enhanced in accordance with drawing no ITB15245-GA-005 Rev A.
Reason: in the interest of highway safety and traffic movement to ensure the free and safe use of the highway.
C 8. The development hereby approved shall not be brought into use until all areas shown on the approved plans to be used by vehicles, including roads, footpaths, loading and servicing areas and vehicle parking space have been fully laid out, surfaced and drained, such that loose materials and surface water does not discharge or transfer onto the highway. These areas shall be retained as such thereafter and not be used for any other purpose.
Reason: to ensure the free and safe use of the highway.
C 9. The development hereby approved shall not be brought into use until the approved cycle parking facilities have been provided. The facilities shall be retained for the lifetime of the development.
Reason: In the interests of highway safety.
This application has been recommended for approval for the following reason. Although the site is not currently allocated for development in the Braddan Local Plan (1991), its inclusion within the emerging Area Plan for the East, the size, shape and use of the site relative to adjacent sites/uses, the economic benefit of the proposal and the minimal environmental impact weigh in its favour and on balance it is supported subject to conditions.
Plans/Drawings/Information;
This approval relates to the following information (all date stamped as having been received on 14.02.20 unless stated): o Schedule of Information o Planning Statement
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o Design and Access Statement 4730-DAS-01 o Drawing No. 4730-001-P3-Proposed Site Plan o Drawing No. 4730-004-P1-Proposed Plan o Drawing No. 4730-006-P2-Location Plan o Drawing No. 4730-007-Proposed Elevations o Drawing No. 4730-008-A-Proposed Sections o CGI Sheet 1 View from Home of Rest for Old Horses o CGI Sheet 2 Aerial View o CGI Sheet 3 View from Cooil Road o CGI Sheet 4 Proposed Cold Store o Landscape and Visual Impact Assessment 2006-19-RPD02 o Landscape Design Statement 2006-19-RP01 o Drawing No 2006-19-01D-Landscape Concept Plan o Drawing No 2006-19-02D-Indicative Landscape Sections o Traffic Assessment ITB15245-001A o Planning Statement Relating to Drainage and Flood Risk o Drawing No 19-115-01 Rev A-Proposed Drainage Layout o Letters of Support (received by e-mail 07.05.20)
Plus drawing No. 4730-006-P3-Location Plan (date stamped as having been received on 22.05.20) and the email from the applicant 21/5/20
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Interested Person Status - Additional Persons
It is recommended that the Co-Operative Society IOM should not be given Interested Person Status as they are not 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 (or 4(2)) as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy.
It is recommended that Manx Utilities and Manx National Heritage should be afforded Interested Person Status as they have made material planning comments. __
Officer’s Report
1.0 SITE DESCRIPTION 1.1 The 2.93 hectare site is located at the Robinson's Distribution Centre, Braddan. It is bounded by Cooil Road (North - from which it is accessed), the Jacksons car dealership (East), Riley's Garden Centre and Eden Park Business Park (West) and agricultural land (South). The wider site comprises existing buildings car parking and some limited landscaping. Further to the North is the Spring Valley Industrial Estate and Isle of Man Business Park, with residential beyond.
2.0 PROPOSAL 2.1 A new cold store is proposed located between the existing Robinson's warehouse and the new car showroom to the east. The proposed use is storage and distribution. No changes are proposed to site levels.
2.2 The application has a supporting statement which sets out the background to the proposals, noting the role of the site as a food distribution hub and that current facilities are across 4 sites (2 temporary) an that although there is a major store off-island, the development
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of an on-island facility would reduce transportation disruption/risks and increase food security. Demand for the facility is state to come from various businesses, and the applicant has provided copies of letters of support. It is also suggested it would support DEFA's Food Business Development Strategy (2015-2025).
2.3 The applicant has indicated that the development of a facility separate from their main site is operationally and financially unviable. Also, it is noted that the site is centrally located with good transport links.
2.4 The building would have a floor space of 2,049 sq.m and include an extension of the existing parking to provide 96 car parking spaces and 51 van spaces. It also includes 7 loading docks along the western side of the building. A shared footway and cycleway is proposed adjacent Cooil Road. A transport assessment has been provided.
2.5 The form of the new building is intended to mimic the 'barn-style' buildings of the existing facility. External walls on 3 sides will consist of Kingspan cladding in Anthracite (dark grey), with contrasting panels in Moonstone (light grey). The roof will be insulated roof sheeting. The elevations show potential solar panels on the roof, but no details are provided. External refrigeration plant will be located in the south-east corner of the site, screened from the road by the building itself. Office, welfare etc. are situated at the front of the building.
2.6 The application is accompanied by a landscape and visual assessment and a landscaping statement. The supporting information indicates that the existing boundary planting will not be impacted on, however the site plan (4730-001 P3) shows a number of trees to be removed. Some existing landscaping to the North will be enhanced, but potential is restricted by the gas pipeline easement area. Various planting is proposed within the car park area and along the western boundary. CGI images are provided which illustrate how the building will look from various angles. The plans show what appears to be a bund with thicket mix planting to the South-Eastern Boundary, this is outside the red-line boundary. The applicant has confirmed that these proposals are part of the application and an amended red-line plan is to be provided to clarify this.
2.7 Pre-application discussions have taken place with the applicant, including the potential need for an Environmental Impact Assessment (EIA). The applicant has state that although it is sizeable, on unallocated land and outside an existing settlement boundary (see below) it should not require an EIA because: o The site is in current use o Proposal is currently used as gravel/hardstanding - no demolition of buildings involved o Not in an area of flood risk (A drainage strategy has been prepared) o No registered buildings on or adjacent to the site o Not in an area of archaeological sensitivity o No registered trees on site or significant vegetation loss o No new vehicular access onto Cooil Road o No significant change in transport movements (a Transport Assessment is provided) o Use is compatible with adjacent land uses, which have buildings with larger footprints o Visual impacts are assessed (appraisal is provided) o Site is likely to be allocated in the Area Plan for the East (See below)
3.0 PLANNING HISTORY 3.1 There are a number of planning applications for development within and adjacent to the site, including a temporary consent for the parking of vehicles for 6 months (05/92237/C). Planning Policy
4.0 PLANNING POLICY 4.1 The Strategic Plan (2016), Braddan Local Plan (1991) and emerging Area Plan for the East are relevant.
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4.2 The site is shown as agriculture and outside settlement boundaries on the Braddan Plan. Paragraph 13.1 states, "The essentially rural nature of the District Contains major areas of high landscape value. This was recognised in the 1982 plan" - although the 1982 plan did not specifically allocated this site as an AHLV.
4.3 The following policies of the Strategic Plan are considered to be relevant: o Strategic Policy 1 - development should be located to make best use of existing infrastructure; o Strategic Policy 2 - focus new developments in existing settlements; o Strategic Policy 5 - development should be well designed o Strategic Policy 6 - major employment generated development should be on allocated land located in existing centres o Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel o General Policy 2 - detailed 'development control' considerations o General Policy 3 - development on unallocated land, including provision where this is of overriding national need and there are no reasonable and acceptable alternatives o Environment Policy 4 - ecology o Environment Policy 10 and 11 - flood risk o Environment Policy 22 - requirement for Environmental Impact Assessment for larger commercial developments outside settlement boundaries o Environment Policy 40 and 41 - Archaeology o Business Policy 1 - encourages growth of opportunities Business Policy 5 - on land zoned for industrial use, such development is supported o Transport Policy 1- focus development on existing bus/cycle routes o Transport Policy 2 - development should make provision for different modes and link to existing networks o Transport Policy 4 - safe and appropriate provision for journeys o Transport Policy 6 - needs of pedestrians o Transport Policy 7 - parking standards o Transport Policy 8 - requirements for Transport Assessment
4.4 The findings of the Employment Land Review are also noted, which indicate a demand for additional employment land at Douglas.
5.0 CONSULTATION RESPONSES 5.1 At The time of writing (21/05/20) no response has been received from Braddan Commissioners.
5.2 DOI Highways provided a detailed response (18.05.20) the conclusion of which states,
"The proposal provides a welcome addition to cycling and walking infrastructure, improving site accessibility and sustainable transport opportunities in the area. Greater justification and refinements to car parking should be considered to avoid negating such opportunities, including the provision for ECVP's and priority spaces for car sharers. Additional space should be set aside for more bicycle storage and an allocation for motorcycle parking. A small, but immaterial increase in traffic movement is forecast with the proposal unlikely to cause a detrimental impact to highway safety. Accordingly, Highway Services do not oppose the proposal subject to conditions".
5.3 Conditions are proposed in relation to improving existing access, highway works, laying out of vehicle spaces, motorcycle facilities, cycle provision electric vehicle charging points, provision of a travel plan and a Construction Method Statement.
5.4 DEFA Forestry (15.05.20) states,
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"On behalf of the Agriculture and Lands Directorate of DEFA I would like to make the following comments in relation to application 20/00170/B (Ballapaddag, Cooill Rd)- The small trees to the North of the site, adjacent to Cooil Rd, are small, early-mature specimens. The proposed development is unlikely to have a detrimental impact to these trees and I would not recommend that you request an arboricultural impact assessment in this instance. The Landscape Proposal Plan shows that 25 trees are proposed for removal. As these trees have no significant amenity value and are to be replaced by newly planted trees the department does not object to this proposal. To ensure the proposed replanting is delivered, if the application is approved I recommend that the following condition (or similar) is applied. The proposed tree planting shall be carried out in accordance with the Landscape Concept Plan(DRG No.01, Rev D) and the approved details submitted in support of the application. The works shall be carried out in the first planting and seeding season following the completion of the development. Any trees, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced as is reasonably practicable or in the next planting season with others of similar size and ,species and number as originally approved, unless the Department gives written consent to any variation. Reason: to ensure the provision and establishment of a replacement trees".
5.5 Manx National Heritage (04.05.20) state, "I am writing on behalf of Manx National Heritage to raise some concerns with this planning application. The removal of the sod hedge and associated trees and vegetation should take place outside of bird nesting season 1st April to 31st July. Hedgerows provide valuable habitat for wildlife and often join habitats together allowing movement of species, seed dispersal and are recognised as a priority habitat, by the UK Biodiversity Strategy, for nature conservation. it is recommended that advise be sought prior to the implementation of new hedgerows and tree planting regarding the use of native species".
5.6 Manx Utilities (Gas) indicated they were considering the proposal carefully (05.05.20) and conclude that, "following clarification details being provided by Hartford, the Manx Utilities Gas Systems team is satisfied that the proposed landscaping works will not expose the pipeline to unmitigated additional risk. For reference, Manx Utilities have been provided additional Sectional and Dimensional Drawings detailing the proximity and scale of ground level adjustments proposed for the landscaping works at the point of closest proximity to the pipelines. Regarding the "Proposed Thicket Mix Planting" directly over the pipeline, Manx Utilities can provide information regarding the suitability of species and their permitted proximity to our pipelines. If the application should be successful, as per any excavation works in the vicinity of buried utilities, we request that Manx Utilities are contacted prior to any excavation in the vicinity of the pipelines to ensure works can be completed safely in accordance with Manx Utilities requirements and relevant safety requirements".
5.7 The Chairman of the Manx Co-Operative Society provided a letter of support directly (10.03.20)
6.0 PLANNING CONSIDERATION
6.1 Given the nature of the proposal and the site, it is considered that the main issues are: o Principe of Development o Transport Considerations o Drainage o Landscape and Visual Impact o Other Environmental Issues (including ecology) o Procedural Matters
6.1 Procedural Matters 6.1.1 The proposal meets the requirements as set out in the Act to be referred to the Council of Ministers for consideration for call-in as a proposal of General Importance (due to size,
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location on unallocated land and requirement for EIA). Council have considered the proposal and confirmed that they do not wish to determine it.
6.1.2 The site is not allocated currently, but is proposed in a draft policy document which is at an advanced stage. However, given that the site in effect 'fills in' a gap between existing sites it is not considered that the approval of this application would create pressure in itself for further development and as such it is not considered that this is a strategic decision that should be taken through the area plan process. As such, prematurity concerns are not considered to be a reason for refusal.
6.1.3 The proposal is not accompanied by an EIA, however given the nature of the site and proposal, the level of information that has been provided and the current planning policy framework, it is not considered that this is a reason for refusal.
6.2 Principle of Development 6.2.1 The applicant has argued that given the age of the Braddan Plan its policies are out-of- date. The age of a plan does not in itself make the plan out of date, only any events of other changes that have taken place since its adoption.
6.2.2 The draft Area Plan for the East was published on 25.05.18 and, following examination, the inspector's report was published 25.11.19 and the plan is currently being taken through the formal stages leading to final consideration by Tynwald (envisaged to be later in 2020). Within the plan the site is allocated for industrial use and within the new Douglas existing settlement boundary. This was not challenged through consultation or at the inquiry. The overall approach of the plan, which includes additional new industrial land allocation to the South of Cooil Road, is noted. This weighs in the application's favour.
6.2.3 The applicant has provided some information to justify why this proposal is of benefit to the island and why the proposed location is operationally preferable. However, this falls short of being sufficiently detailed to justify the proposal under General Policy 3. This weighs against the application.
6.2.4 The Strategic Plan focuses development in Douglas, and identifies Braddan as one potential area for concentration of new employment (paragraph 9.2.2). This weighs in the applications favour.
6.2.5 The nature of the site - in terms of its location, size and shape (including in relation to adjacent uses) are noted and as such wider environmental/landscape impact is considered to be minimised, this weighs in the applications favour. Limited weight is placed on the existing use of the site as, noting the planning history, it is not clear that the authorised use of the site is as storage - although it may be that the use has become immune from enforcement.
6.2.6 On balance in light of the above it is considered that the principle of the development is acceptable.
6.3 Transport Considerations The comments from DOI Highways are noted and to some extent relied upon. Given the level of parking provided it is not considered that a condition in relation to motorcycle parking is required. Whilst EV charging may be welcomed, in the absence of any policy requiring it is not considered that a condition should be attached requiring it. Given the location and nature of the proposal, it is not considered that a travel plan is required to make it acceptable. Construction Management Plans have proven difficult to enforce, and it is considered such matters are better controlled under other legislation. As such no condition is proposed in relation to this.
6.4 Drainage
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6.4.1 A statement has been provided which indicates that the proposed surface water drainage system will seek to replicate the existing characteristics of the site through attenuated discharge of surface water runoff. The proposed foul drainage is to be self-contained within existing private drainage. No fluvial risk is identified to the proposed development and no risk form the proposed drainage.
6.5 Landscape and Visual Impact 6.5.1 A landscape and visual appraisal has been provided as part of the application. This indicates that the proposal will cause a slight increase as a minor localised extension of the industrial character of the area to the South of Cooil Road. Visual impact is localised, as the site is viewed within the context of the adjacent buildings. Overall impact is localise and reduces with distance. Proposed planting will to some extent provide mitigation. The comments from DEFA Forestry are noted.
6.6 Other Environmental Issues (including ecology) 6.6.1 In terms of the applicant's comments on archaeology it is noted that absence of evidence is not evidence of absence, however given the history of the site it is not considered that this is a concern. In relation to trees, again trees are registered in part in response to risks, and so the absence of registered trees is not itself evidence that there are no important trees on site. However, the comments from DEFA Forestry are noted.
6.6.2 The applicant has confirmed that they are not removing any hedging to the boundary with Jacksons, but are repositioning the sod bank (no hedge over) fronting onto to Cooil Road to accommodate the footpath/cycle way. As suggested by Manx National Heritage this work will be either carried outside the nesting season or alternatively if removal is during the nesting season they have indicated they will liaise with Manx Wildlife Trust to check the areas for any nesting birds prior to removal.
7.0 CONCLUSION 7.1 Although the site is not currently allocated for development in the Braddan Local Plan (1991), its inclusion within the emerging Area Plan for the East, the size, shape and use of the site relative to adjacent sites/uses, the economic benefit of the proposal and the minimal environmental impact weigh in its favour and on balance it is supported subject to conditions.
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
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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 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:...08.06.2020
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 online services/customers and archive records.
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PLANNING COMMITTEE DECISION 08.06.2020
Application No. : 20/00170/B Applicant : Robinsons Limited Proposal : Erection of a cold store warehouse with ancillary office / welfare facilities, extension and reorganisation of site car parking, extension of cycle way to Cooil Road and associated landscaping works Site Address : Ballapaddag Robinsons Limited Cooil Road Douglas Isle Of Man IM4 2AF
Head of Development Management : Mr S Butler
Presenting Officer As above
Addendum to the Officer’s Report
Approved subject to amendment to condition 6, to include mention of landscaping plan and reference to the agents email dated 21/5/20.
The proposed tree planting and landscaping shall be carried out in accordance with the Landscape Concept Plan (DRG No.01, Rev D) and the approved details submitted in support of the application (including the e-mail from Paul Brew of 21.05.20). The works shall be carried out in the first planting and seeding season following the completion of the development. Any trees, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced as is reasonably practicable or in the next planting season with others of similar size and species and number as originally approved, unless the Department gives written consent to any variation.
Reason: to ensure the provision and establishment of a replacement trees
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