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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00328/B Applicant : Dandara Commercial Ltd Proposal : Construction of 18 industrial/storage and distribution units with associated highway/parking Site Address : Part Of Recycling Compound Middle Park Kewaigue Braddan Isle Of Man
Planning Officer: Miss Lucy Kinrade Photo Taken : Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 03.12.2019 __
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. The development hereby approved shall not be occupied or operated until the access, visibility splays and parking and turning areas have all been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than for access and the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: In the interests of highway safety.
C 3. The development hereby approved shall be used for general industrial use (as defined in 9.2.3 of the IOM Strategic Plan 2016) and/or storage and distribution purposes (Class 6 of the Town and Country Planning (Permitted Development) Order 2012 only.
Reason: The Department has assessed the impact (parking and amenity) of the development based on the uses requested in the application. The application has not been assessed for use as Light Industrial, Research and Development or Special Industrial which would have to be subject to a subsequent application.
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C 4. There shall be no installation of mezzanine floors without prior approval by the Department as part of a separate planning application.
Reason: The car parking provision has been calculated on the proposed uses and gross footprint shown in the drawings only.
C 5. There shall be no amalgamation of units creating a compartment size of 5000m3 or over.
Reason: In the interest of fire safety.
C 6. For the avoidance of doubt, no approval is granted to any use of the site or units for the storage or processing of waste.
Reason: Waste proposals are required to be accompanied by an E.I.A which has not been provided as part of this application.
N 1. The applicant is advised to engage in discussions with the Isle of Man Fire and Rescue Service and Manx Utilities prior to the commencement of any works relating to the development hereby approved.
Plans/Drawings/Information;
This approval relates to drawing number A_PL_521 Rev D date stamped and received 02/12/2019. Drawing numbers A_PL_522 Rev A, BGH2, 2 x Stage 1 Road Safety Audit and covering letter all date stamped and received 06/09/2019. Foul Drainage Design and Klargester Spec sheet, Planning Statement and drawing numbers A_PL_520 Rev B, A_PL_524 and A_PL_523 all date stamped and received 22/03/2019.
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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:
It is recommended that the following groups 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 6(4):
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE RECOMMENDATION IS CONTRARY TO THE OBJECTION RECEIVED FROM THE LOCAL AUTHORITY.
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THE SITE 1.1 The application site is a parcel of land just east of the Energy From Waste Plant in Braddan. The site is wedged between a number of existing industrial units and an area used as a recycling compound. A shared road runs along the eastern side from which each site has its own access. Outside of the immediate context of the semi-industrial site the surrounding area is mostly open countryside, beyond the fields to the north is the New Castletown Road and Richmond Hill, to the south is Old Castletown Road and Quines Hill and to the east Kewaigue School.
1.2 The immediate area has been subject to a number of applications over recent years including PA 06/00558/B for the original approval for the existing industrial units PA's 14/00846/B and 16/00983/B for creation of recycling compounds, PA 05/02023/B erection of animal waste facility and PA 00/02311/REM for the incinerator.
1.3 The site subject to this application has also been subject to a previous application in 2010 under PA 10/00155/B for the relocation of a stone recycling area and the creation of 20 industrial starter units and an extension to the access road, the application was approved at appeal in 2011. The approved access road facilitating the development was completed prior to 2015 although the industrial units themselves were never built.
THE PROPOSAL 2.1 Proposed as part of this application is the erection of 18 industrial and storage and distribution units split into two parallel rows of 9 units with parking and manoeuvring space in between. Each row will measure around 80m x 12m and set about 20m apart. Each row is to be finished with a shallow pitched roof with 6m eaves; the base of the units are to be finished in rendered blockwork with sheet cladding above.
2.2 The proposed industrial units are to be smaller than those previously approved, each measuring approx. 1000sq ft bar one end unit which is to be 1350sq ft. Two parking spaces are provided to the front of each unit next to their individual roller shutter door, a number of spaces are also to be situated at the end of the site equalling 38 spaces in total.
PLANNING HISTORY The site and surrounding area has been subject to a number of previous applications relating to the development of the Energy From Waste incinerator (00/02311/REM), an animal waste plant (05/02023/B), recycling compounds and industrial units. Most relevant in this case of this application being:
o 10/00155/B - Relocation of existing stone recycling area and creation of industrial starter units - Approved at Appeal. o 08/01686/B - Erection of industrial starter units (comprising amendments to PA 06/00558B) - Approved o 06/00558/B - Relocation of existing stone recycling area and creation of Industrial Starter Units - Approved at Appeal
DEVELOPMENT PLAN POLICIES 4.1 The application site is in an area zoned as "agricultural/open space" identified on the Braddan Local Plan 1991, however the planning history of the site and the surrounding area would evidence an established industrial use and particularly with the extant approval for 20 larger industrial units on the site approved under PA 10/00155/B. There have been no changes to Strategic Plan policy since the assessment of the previous application; given the planning status of the site the key factors for consideration are comparing the current proposal for industrial and storage and distribution use against the extant approval for just industrial use (Business Policy 5), and whether there would be any new impact on visual and general amenity and highway safety (Environment Policies 1 and 2, General Policy 2, Community Policy 10 and Appendix 7). Two documents have been released since 2010; Employment Land Review 2015
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and the Draft Area Plan for the East, but again given the planning status of the site there relevance here carries little weight.
4.2 Business Policy 5:
"On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either:
(a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business;
and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area."
4.3 Environment Policy 1:
The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over- riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.
4.4 Environment Policy 2:
The present system of landscape classification of Areas of High Landscape of Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce difference categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
a) the development would not harm the character and quality of the landscape; or b) the location for the development is essential.
4.5 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;
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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."
4.6 Community Policy 10:
"Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes."
4.7 Appendix 7: Parking Standards
"Light industrial, research and development - 1 space per 30 sq m nett floor space. General industrial - 1 space per 50 sq m gross floor space. Storage and distribution - 1 space per 100 sq m gross floor space."
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Braddan Parish Commissioners - Objection 29/04/2019 and 07/10/2019.
5.1.1 The area in and around the industrial estate was best suited for the management of waste in whatever format rather than small business units, particularly with regards to buffer zones and odour emissions from the Animal Waste Plan (AWP) and that the area north of the AWP should be considered for such waste zoning as part of the Area Plan for the East, and an approval of this application would be contrary to the Island's needs at this time.
5.2 Department of Infrastructure (DOI) Highway Services - O - oppose (25/04/2019)
5.2.1 No highway visibility splays 2.4m x 90m have been provided to demonstrate safe access. A Stage 1 Road Safety Audit (RSA) needs to be submitted examining the highway safety implications of the proposal. Swept path analysis of a full size (16.5m length) HGV has not been provided. Cycle parking should be provided. The drainage proposals have not been reviewed but would be dealt with at a later date as part of a Highway Agreement for highway drainage infrastructure. Until such a time that the above information has been provided the comments stand as an objection.
5.2.2 DOI Highway Services - DNOC - Do not oppose subject to conditions (22/11/2019)
5.2.3 The proposal comprises 18 industrial / storage and distribution units with a total combined floor area of 1,705sqm. The units would be accessed from a 7.3m wide private access with a total of 38 car parking spaces according with the standards and considered adequate for the proposal. An RSA has now been provided and it demonstrates that suitable visibility can be achieved, and given the small size of the units they would not be used for conventional storage and distribution whereby full length artic HGVs would also not be used to service the developments. The access road however; could accommodate the access and turning of 3 axle rigid body HGV and on the rare occasions where a large HGV would need access it's demonstrated that this could safely turn around within the site and the highway.
5.2.4 Due to the scale of the development the developer would need to provide a Construction Management Plan (CMP) prior to the start of any construction to ensure highway safety and to minimise any negative impact upon the highway. The CMP should be requested by condition along with a second condition requiring the provision of parking, turning and access prior to occupation of units and retention thereafter. An informative note also added to
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remind the applicant to enter into a Section 109A Highway Agreement for the new site access junction onto the adopted highway.
5.3 Manx Utilities Authority - Comments (18/04/2019) - There are high voltage cables in the area of this development and the applicant is advised to contact MUA prior to any works being carried out onsite.
5.4 Isle of Man Fire and Rescue Services - COMMENTS (17/04/2019 and 03/10/2019)
5.4.1 The development of this area should be accompanied by an improvement and development of the infrastructure specifically the water supply and pressures for firefighting purposes. A compartment size over 5000m3 would require a fixed firefighting system and adequate water supply; further development would create a greater demand on current supplies and reducing availability for firefighting. On re-examination of the application further comments were received stating that prior to the commencement of any works that the applicant is advised to contact/consult the Fire Service to ensure the suitable provision of fire hydrants and access for fire appliances, with suitable fire detection fitted.
ASSESSMENT Principle of Proposed Use
6.1 The current proposal seeks to supersede an extant approval for a larger scheme of 20 industrial units with a new scheme of 18 smaller units on a smaller site with a mix of industrial and storage and distribution use. While the site is not designated for any use, it is predominantly industrial in its nature and Business Policy 5 indicates that where there is land zoned for industrial use permission will also be given for storage and distribution but retailing will not generally be accepted. The proposal in this case does not propose retailing and therefore the proposed industrial and storage and distribution uses here are considered to be acceptable. The Commissioners have objected to the application stating that the site should be kept for waste purposes only, however the 2010 approved units could be built at any time and the site has already been lost to industrial purposes. However some waste uses would be classed as industrial processes which could operate from the site, and such 'special waste/industrial processes' would require permission and an appropriate EIA, but in any case would perhaps be best suited to this area where the incinerator, animal plant and recycling compounds already exist and where there is an expected level of industrial noise and smells rather than within or near to residential areas.
Visual and Amenity Impact
6.2 In terms of visual and general amenity impacts the proposal is not likely to be so significantly different to the outstanding approval as to bring about any new issues or concerns, if anything the reduction of unit numbers and a reduction to their overall size and spread may in fact have a slightly reduced impact compared with the 2010 approval.
Highway Safety
6.3 The development is to be provided with 38 car parking spaces. The minimum highway parking standards, if all the units were in to be in industrial use, would require 1 space per 50sq m, therefore the proposed 1705sq m floor area requires 35 spaces, meaning there is an over provision of 3 spaces. Highway Services are satisfied that sufficient parking, turning and access (including visibility) is provided at the site and a suitably worded condition should be added to ensure its provision prior to occupation of the units and their retention in perpetuity. The car parking spaces have been calculated on the proposed industrial and storage and distribution use only, in this respect it's also considered appropriate to add a condition specific to theses uses only.
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Fire Safety
6.4 The IOM Fire Service have commented on the application indicating that further development in and around this area would require the upgrading of the water supply infrastructure to ensure there is sufficient availability for firefighting purposes. Any compartment sizes over 5000m3 would require a fixed sprinkler system and the installation of a larger water tank at the expense of the developer. With smaller units there is less control over what is stored internally and consequential fire load could require a pressure and flow for firefighting which is not currently available.
6.5 On calculating the cubic meterage of the units the smaller units are approx. 690m3 and the larger unit approx. 870m3, both under the 5000m3 identified above. In development of units here the developer is going to want to ensure that they are safe, not only in terms of compliance with building regulations or fail any Fire Services safety checks but also any safety risk could jeopardise sales. In light of those mechanisms in place outside of the planning process in terms of building regulations and fire safety and minded of the most recent comments from IOM Fire Services and the material consideration that there is an extant approval on the site, that in this particular and specific instance, the proposal is considered to be acceptable.
ASSESSMENT SUMMARY 6.6 The application is to be supported on the grounds that the following suitably worded conditions are added to any approval ensuring all parking, turning and access are provided prior to occupation of the units and retained thereafter. For parking and highway safety reasons two conditions should also be added stating no installation of mezzanine floors without prior approval and a condition specific to the approved industrial and storage and distribution use, this is because the car parking provision has been calculated on the footprint shown and the specific use requested only. It is also necessary to add a condition restricting the amalgamation of units without prior approval to ensure no compartments are over 5000m3 in the interest of fire safety.
CONCLUSION 7.1 For the above reasons the application is considered to be acceptable and to accord with EP1, EP2, General Policy 2 and Appendix 7 of the Strategic Plan. In light of the special circumstances of this specific site the proposal is also considered satisfactory in terms of CP10. The application is recommended for approval subject to those conditions specified in 6.6.
8.0 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 Planning Committee 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.
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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:...16.12.2019
Signed :...L KINRADE... 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
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