25 April 2017 · Planning Committee
Office Workshop & Premises, Peel Road, Braddan, Douglas, Isle Of Man, IM4 4le
The site is an irregularly shaped parcel on Peel Road, currently used as a builders' yard with Portacabin-style buildings, containers and waste materials, zoned predominantly industrial under the Braddan Local Plan 1991.
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The officer assessed that the loss of industrial land is unacceptable as the site has extant approval for 17 industrial units and the ELR identifies a critical shortage of employment land in the East …
Strategic Policy 7
Requires retention of zoned industrial land except where inappropriate/incompatible with adjoining uses. Officer found industrial zoning starting point; residential incompatible with adjacent industrial and prejudices their use, failing policy despite applicant claims.
General Policy 3
Permits development outside zoned areas exceptionally, including PDL redevelopment if redundant/significant buildings and improves landscape. Fails as site lacks significant permanent buildings, not demonstrated redundant (contra ELR), screened so no landscape gain.
General Policy 2
Requires development per zoning and no adverse impacts on amenity/access/safety. Fails (k) by prejudicing adjacent industrial; fails (h)/(i) due to steep slopes unsuitable for older drivers/pedestrians/wheelchair.
Environment Policy 22
Prohibits unacceptable harm from noise/odour etc to amenity. Existing adjacent industrial (unrestricted hours) would harm future residents; reverse scenario would likely refuse industrial near housing.
Strategic Policy 10
Requires integrated transport minimising car use, safe highway/pedestrian. Fails (a)/(d) as site poorly related to facilities (steep pedestrian routes), car-reliant for over-55s.
Transport Policy 7
Requires parking per standards (Appendix 7: 1/3 units sheltered). AIP fails to demonstrate adequate parking accommodatable without undermining amenity space/design ethos.
No objection initially; later offered support to the concept, positioning and re-zoning from industrial to housing.
Recognises loss of industrial land unfortunate but supports interim residential use; would not oppose rezoning in Area Plan if demand met elsewhere.
Support due to site redundancy, better than industrial, eco-friendly, meets senior housing need, brownfield reuse.
Full support for energy efficiency/renewables proposed.
Highways Division opposed the application due to inadequate transport assessment, parking, and pedestrian access; Braddan Parish Commissioners had no objections and offered support; DEFA Biodiversity, Arboricultural Officer, and Housing Division raised concerns requiring further information on ecology, trees, and affordable housing.
Key concern: Highways objection on inadequate car parking, pedestrian access, and transport assessment
Department of Infrastructure (DOI) - Highways Division
ObjectionHighway Services recommends this application is refused on the grounds that it does not provide adequate car parking or access to public transport and local services.; Pedestrian footways should have a longitudinal gradient of no more than 5% (3deg) with an absolute maximum of 8% (5deg) being acceptable over short distances.
Braddan Parish Commissioners
No Objectionunanimously resolved that they had no objections; the Commissioners wished to offer their support to the application in terms of the concept, its positioning and the re-zoning of the area from industrial to housing
DEFA Senior Biodiversity Officer (Richard Selman)
Conditional No Objectionfrom a wildlife conservation perspective, I have no issue with the redevelopment of the developed area; if this Area were to be affected by such a development then a preliminary wildlife assessment should be required
Conditions requested: design and methods that avoid damage to the Area of Ecological Interest; preliminary wildlife assessment if Area affected; consideration of footbridge site to minimise damage; avoid light spillage at night into wooded corridor or over river
Department of Infrastructure Housing Division
Conditional No Objectionthe department would therefore request that consideration be given by the Planning committee to include a requirement... for the applicant to enter into a Section 13 Agreement
Conditions requested: applicant to enter into a Section 13 Agreement with the Department to provide a contribution to affordable housing, based upon the usual calculation, of 25% of the number of units approved
DEFA Arboricultural Officer (Andrew Igoea)
Conditional No ObjectionUnless this information is provided I would have to object on the basis that there is insufficient information
Conditions requested: plan showing position of every tree on/adjacent site that could influence/be affected, indicating trees to be removed; schedule listing information per BS5837:2012 paragraph 4.4.2 for every tree; plan illustrating above/below ground constraints of retained trees; basic-level protection plan showing how retained trees could be retained
The original application for approval in principle for a senior living complex on the site of BCS House and Builder’s Yard, zoned for predominantly industrial use, was refused by the Department for reasons including loss of employment land, prematurity, unsustainability, residential amenity conflicts, access issues, and inadequate parking. The appellant argued the site was redundant for industrial use, there was no demand, acute housing need especially for older people, and the location was sustainable with on-site facilities and good public transport. The inspector found the proposal conflicted with Business Policy 5 and Braddan Local Plan zoning, the Employment Land Review indicated a shortage of employment land in the East not yet addressed, and the site was poorly located for sheltered housing given limited nearby facilities and mobility challenges for elderly residents, contrary to Strategic Policy 10. The appeal was dismissed by the Minister on 21 August 2017, upholding the refusal with amended reasons.
Precedent Value
Dismissal reinforces that industrial zoning and evidenced employment land shortages prevail over housing need on PDL unless via Area Plan re-zoning; sheltered housing requires proven access to daily services beyond bus routes. Future applicants must prioritise ELR updates and demonstrate no net loss to employment supply.
Inspector: Michael Hurley
