DEC Officer Report

Application No.: 20/00277/B Applicant: Ballafletcher Estate Limited Proposal: Erection of smoking shelter Site Address: Land At The Isle Of Man Creamery Ballafletcher Farm Road Cronkbourne Douglas Isle Of Man IM4 4QE Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 11.05.2020 _________________________________________________________________

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.

This application has been recommended for approval for the following reason. The application is considered to comply with both General Policy 2 and Environment Policy 22 of the IOM Strategic Plan 2016.

Plans/Drawings/Information;

This application relates to drawing numbers 228/001, 228/002 and 228/003 all date stamped and received 06/03/2020. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is a the irregular shaped parcel of land that accommodates the Isle of Man Creamery, its associated office and storage space and parking, and also Agriculture House which is an office block independent of the creamery's functions. The existing site is 19/00896/B Page 2 of 3 located within the wider Ballafletcher industrial estate and situated nearest the main entrance junction from the Ballafletcher Road, in Braddan. THE PROPOSAL - 2.1 Full planning approval is sought for the erection of a new small aluminium framed and domed roofed smoking shelter within the centre of the site and adjacent to the south elevation of the main industrial building. The shelter is to be 1.6m x 1.3m and 2.3m at its tallest point. The shelter is to sit on a concrete base and provided with a small access path over the existing grass verge area. The shelter is to be enclosed on three sides by a mix of glazing and panelling. PLANNING HISTORY - 3.1 The site has not been the subject of any applications material to the assessment of the current scheme. There have been previous applications seeking approval for the erection of smoking shelters although these tend to be located within town centres and for public houses where the congregation of smokers can often be common and the smells and odours associated to smoking are already existent, the assessment of the erection of smoking shelters at public houses are generally based on visual appearance. PLANNING POLICY - 4.1 The application site falls within an area zoned as 'Predominantly Industrial' on the Braddan Local Plan 1991 - Map 2.

4.2 While the Ballafletcher Industrial Estate is mentioned in the Braddan Local Plan Written Statement, no specific policies apply to it. Looking to the Isle of Man Strategic Plan 2016 there are two policies that can be considered materially relevant in the assessment here these relate to the visual and amenity impacts including the potential for odour and smells: - 4.3 General Policy 2 states (in part): ""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."

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

• i) pollution of sea, surface water or groundwater;
• ii) emissions of airborne pollutants; and
• iii) vibration, odour, noise or light pollution."

REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Braddan Parish Commissioners - had not commented (as of 11/05/2020).

5.2 Department of Infrastructure Highway Services - Do not oppose (01/04/2020). - 5.3 No comments received from neighbouring properties.

ASSESSMENT

6.1 The site is designated within an area of industrial use; while the proposal is not of industrial use, it would be difficult to argue that the proposed shelter would be inappropriate in visual terms given its relatively small size and it's positioning amongst a number of much larger buildings. The shelter is to be set back from the main public road, view will be limited and no new highway safety issues are expected and given the considerable distance from the nearest neighbour no amenity impacts through smells or odours are expected to arise. CONCLUSION - 7.1 The proposed shelter by means of its design, form and appearance does not impact the character of the area and there are no amenity impacts on the adjacent properties. The application is therefore recommended for approval. 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.

Decision Made : Permitted Date: 12.05.2020 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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