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17/00202/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00202/B Applicant : Manx Metals 1983 Ltd Proposal : Erection of 8 light industrial units Site Address : Units A - H Former Manx Metals Site Balthane Industrial Estate Ballasalla Isle Of Man
Case Officer : Miss S E Corlett Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 05.12.2017 __
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. On breaking through any concrete, a sample of the soil shall be taken and tested to ensure that there is no risk of harm before works continue. Prior to the commencement of works, the applicant shall have approved by the Department a method or process for this including timescales and identification of the appropriate authority together with proposed mitigation should any harmful material be found.
Reason: to comply with Environment Policy 26.
C 3. Prior to any other construction, the access shown on drawing 16/42/01 dated Dec 2016 shall be constructed and maintained thereafter.
Reason: In the interest of highway safety
C 4. Prior to the occupation of any building, the car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter.
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety
C 5. Prior to the application of any external cladding, the colour of this must be approved by the Department and the colour retained as such thereafter.
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Reason: no colour of the external materials has been specified in the application and to ensure that the building is sympathetic to its surroundings.
C 6. No additional internal floorspace may be introduced without the benefit of planning approval.
Reason: the parking ratio has been calculated on the basis of floor area and the introduction of additional floor area could increase the requirement for car parking spaces which may not be able to be provided.
Plans/Drawings/Information;
This approval relates to drawings 16/42/01 and 16/42/02 both received on 22nd February, 2017. __
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Manx Utilities Waste Management Operations Unit __
Officer’s Report
THE SITE 1.1 The site is a parcel of land which lies on a minor road to the east of the main road through Balthane industrial estate. The site has a frontage to the minor road of 32m and a depth of 70m which a slight wrap around the area to the west which is also owned by the applicant, along with the plot to the east.
1.2 The site was until relatively recently used as a scrap metal processing facility which is no longer operational. The site had across its frontage horizontal timber fencing to visually and aurally screen the activities going on behind. A relatively new industrial unit sits on the site to the west and another to the east.
THE PROPOSAL 2.1 Proposed is the redevelopment of the site with a row of 8 conjoined industrial units of varying sizes with associated parking. A further unit is also proposed in the north western corner which is the subject of a further application (17/00203/B).
2.2 Units A and H are larger than the others - 186 sq m compared with 91 sq m with an overall area of around 922sq m.
2.3 33 parking spaces are provided overall with further space reserved for the additional unit and associated parking, which is the subject of the other application.
2.4 The building will be finished in vertical profiled cladding with a small rendered plinth all the way around the building. The frontage will have a series of roller shutter doors with pedestrian doors within with those units at the end having larger doors than the other units. The only other apertures are pedestrian doors in the rear elevation. A 1.6m wide path runs around the rear and northern side of the building. No colour of sheeting is provided.
PLANNING POLICY
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3.1 The site lies within an area designated on the Area Plan for the South as Industrial. The Plan refers to Balthane in a number of places, generally encouraging an improvement of its appearance although accepting that in the south, this is the most appropriate location for heavier general industrial processes with cleaner light industrial and business park uses directed to the various other industrial areas in the south. The following parts of the Area Plan are relevant:
6.8.2 "The Balthane Industrial Estate is located just south of Ballasalla Village. The Estate is used by a mix of businesses but incremental development, poor maintenance of buildings, roads and footways, has over the years, resulted in the Estate appearing neglected and unattractive in many parts giving a poor impression to the public, customers and businesses alike. It is recognised that the Estate is home to some uses which are essential to support the Island and also that there is scope for the general appearance and access to the Estate to be improved. There is considerable land available at Balthane which was first identified on the 1982 Development Order. It has been deemed appropriate to carry forward this designation into the Area Plan but there is a need to secure improvement works on the Estate."
3.2 Employment Proposal 1 states: "All industrial uses, other than small scale light industrial uses considered to be acceptable within the Mixed Use areas, or those uses deemed appropriate by the Isle of Man Strategic Plan Business Policy 7, will be located on the Industrial Estate at Balthane and where appropriate Ronaldsway and the Freeport."
3.3 Waste Proposal 1 states: "Balthane Industrial Estate would be the preferred location for additional or replacement waste facilities.
3.4 The proposed use is industrial and as such General Policy 2 of the Strategic Plan is relevant as follows:
General Policy 2: "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; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
3.5 The Strategic Plan contains guidance on sites which may be or may have been contaminated: Environment Policy 26: "Development will not be permitted on or close to contaminated land unless it can be demonstrated that there is no unacceptable risk to health, property or adjacent watercourses."
REPRESENTATIONS 5.1 Highway Services raise no objection, commenting: "The proposal is to construct 8 light industrial units within an industrial estate. The parking standard has been met and the proposal includes an improved access.
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Highway Services does not oppose this application subject to the following conditions:
Prior to any construction the access shown on BRW drawing no 16/42/01 dated Dec 2016 shall be constructed and maintained thereafter. Reason: In the interest of highway safety
Prior to the occupation of any building the car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter. Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety (27.03.17).
5.2 Malew Parish Commissioners raise no objection (02.03.17).
5.3 Waste Management Operations Unit initially raised concern about the lack of any assessment of contamination (10.03.17, 25.07.17) but after consultation with the applicant and tests carried out on site, they advise that the site poses insignificant risk of harm to human health or the built environment with no potential risk to harm groundwater and is suitable for light industrial use. They advise that on breaking through any concrete, a sample of the soil shall be taken and tested to ensure that there is no risk of harm before works continue (27.11.17).
5.4 Manx Utilities request a deferral pending information regarding the proposed drainage system and comment that an interceptor will be required to be fitted to the surface water system due to the nature of the proposed uses (03.103.17). Following the submission of additional information, Manx Utilities confirm on 04.12.17 that they are happy with the proposals. The additional information confirms that the development will be drained by gravity to the existing main foul system and in terms of surface water drainage this will also drain by gravity to the existing system, passing through an oil by pass interceptor. Surface water passing through the impermeable areas of the site are to be attenuated through a tank located beneath the parking areas.
ASSESSMENT 6.1 The issue is whether the site is contaminated and if so, whether it can be remediated to allow the proposed development. It is then appropriate to consider whether the proposed development has any adverse impact on the character of the area or the local highway network in respect of the details of the proposal. The principle of light industrial use is in accordance with the land use designation and is therefore not an issue.
6.2 Information provided has satisfied the Environmental Protection Unit that the site is not contaminated such that the development would be unacceptable in respect of GP2 or EP26.
6.3 The idea of replacing a former scrap metal facility with new, modern industrial buildings must be something which will improve the area, in line with the general comments in the Area Plan. Whilst the Plan identifies Balthane as the preferred location for additional waste facilities and already accommodates a number of less clean activities such as repair and recycling, there is certainly an undercurrent of improvement occurring through the redevelopment of older and undeveloped areas such as the new units at Balderton Court, Harmat Court and Aalin Court in the south western part of the estate and the new units built and being built to the north of the application site, to opposite Athol Garage. These were approved as a mix of industrial and light industrial with parking provided at around 1 space per 40 sq m. What is proposed here is light industrial and with the parking at that ratio which is higher than that required for general industrial or storage. There would be no issue with the use of the units for general industrial purposes, given the location and particularly the previous use of the site. There would be more than sufficient parking for any kind of industrial use including storage whose parking requirement is one space for every 100 sq m of space.
6.4 The units are shown with a single level of accommodation. In cases such as this, it is often the case that users wish to install a mezzanine level at upper floor level across part, or all of
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the unit. Whilst the provision of ancillary office or support space is not objectionable and is unlikely to result in significant changes in parking requirements, it is the case that this could double the amount of floor space with no corresponding increase in parking provision. As the estate road in front of the site is used by other vehicles, some large, it is important that there is not undue reliance upon the estate road to accommodate parking and that developments can accommodate the parking which will result from them. As such, it is recommended that a condition is attached to require planning approval before any additional internal floor space is created - for example through the introduction of mezzanine flooring.
CONCLUSION 7.1 The proposed development is considered to be an improvement on the existing in terms of visual impact and will create additional opportunities for employment and industrial floor space. The application is supported.
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:
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.
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I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 06.12.2017 Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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