DEC Officer Report

Application No.: 19/00063/B Applicant: Manx Gas Ltd Proposal: Siting of two storage shipping containers Site Address: Gas Storage Site Peel Road Industrial Estate Braddan Douglas Isle Of Man IM4 4LE Planning Officer: Miss Lucy Kinrade Recommended Decision: Permitted Date of Recommendation: 25.02.2019 _________________________________________________________________

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.

Plans/Drawings/Information; This approval relates to drawing number ref: P-001. P-002, P-003 and P-004, and portable space specification sheet for shipping container all date stamped and received 23/01/2018. _______________________________________________________________

Interested Person Status – Additional Persons

none _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the extents of the Manx Gas storage site in Braddan. The site sits on the north-eastern side of Peel Road and within a wider Industrial Estate. The site is set

lower than the main road and bounds on the northernmost side the River Dhoo and the Dismantled Railway Line. Within the site are a number of tanks, loading areas, fire fighting tanks and filling platforms. Along the north-western boundary is the existing gated access into the site and a site office and storage building, east of this office building are 5 existing off road car parking spaces for staff.

2.0 PROPOSAL - 2.1 Proposed is the installation of two shipping containers (6.0m long x 2.5m wide x 2.6m high) to the rear of the existing car parking and office building and between the north-western boundary of the site. - 2.2 The containers are to be used for general storage in association with the existing use of the site.

3.0 PLANNING HISTORY - 3.1 This application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is located within a wider area designated as 'predominantly industrial' on the Braddan Local Plan. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains one policy that is considered specifically material to the assessment of this current planning application. 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;

• 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"

- 5.0 REPRESENTATIONS

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

5.1 Braddan Parish Commissioners - question why planning permission is being sought for a temporary and moveable structure (dated 12/02/2019) - 5.2 DOI Highway Services - no comments received as of 25/02/2019.

6.0 ASSESSMENT - 6.1 Comments raised by the Commissioners question why planning permission is being sought for these temporary and mobile structures. The Town and Country Planning Act 1999

• sets out that a " "building" includes any structure or erection, and any part of a building…", these containers are considered to be structures. Whilst some structures can be described as mobile or temporary, if they are to be in place and sited for more than a short period of time, with no prospect of being moved then the temporary nature changes, and that is tantamount to a permanent building. Similarly, if mobile structures aren't moved then they aren't truly mobile in character or impact.
• 6.2 These containers are not for operations in connection with another development that has been granted approval so the Town and Country Planning (Permitted Development) (Temporary Use or Development) Order 2015 is not applicable here. Therefore any siting of these containers (whether permanent or temporary) would require prior planning approval.
• 6.3 The fundamental issues to consider in the assessment of the planning application are the visual impacts of the proposed development on the character and appearance of the area.
• 6.4 The containers are to be within the grounds of an existing industrial site located within a wider industrial area. Distant views may be achievable from the dismantled railway line or from within the industrial estate but in any case these would be read against the backdrop of the existing industrial site and buildings and as such in connection with the established industrial use of the site and no visual harm is expected as a result.
• 6.5 The containers would not project into or obstruct the existing parking spaces or access into the site, therefore no new highway issues are expected as a result of the development.
• 6.6 Given the distance from the boundary vegetation and trees, and the location of the containers on an area lower than the nearby bank and on an area already utilised for general storage, it is not expected that their installation will result in any adverse impacts on the longevity of the trees or vegetation.

7.0 CONCLUSION - 7.1 Given the positive findings as set out above it is considered that the proposal meets with the tests of General Policy 2 and is therefore recommended for approval.

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.

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 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: 27.02.2019 Determining officer

Signed : A MORGAN Abigail Morgan Principal Planner

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