DEC Officer Report

Application No.: 19/00896/B Applicant: Ballafletcher Estate Ltd Proposal: Location of a shipping container to house a bailing machine (retrospective) Site Address: Central 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: 25.09.2019 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The container shall be removed and the ground restored to its former condition in the event that it is no longer used or required for its approved use.

Reason: The building has been exceptionally approved solely to meet need and its subsequent retention for any other purpose would require assessment via a separate planning application.

Plans/Drawings/Information;

This approval relates to 2 x site plan and 4 x site photographs all date stamped and received 09/08/2019. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 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

located within the wider Ballafletcher industrial estate and situated nearest the main entrance junction from the Ballafletcher Road, in Braddan.

2.0 PROPOSAL - 2.1 Full planning approval is sought for the retrospective siting of a shipping container alongside an existing industrial unit and within the centre of the site. The existing container is around 6m long and explained in the application to house an electric bailing machine which supports recycling at the site. - 2.2 The applicant emailed the Department on 03/09/2019 advising that the yellow site notices were only erected at the site on 03/09/2019. Consequently the necessary 21 day notice period commenced from this time with an expiry for comment revised to 24/09/2019 to allow sufficient time for comment.

3.0 PLANNING HISTORY - 3.1 The site and wider area has been the subject of several previous applications, none are considered to be of particular material relevance to the assessment of this proposal.

4.0 PLANNING POLICY - 4.1 The site lies within an area designated on the Braddan Local Plan of 1991 as Predominantly Industry, As such, General Policy 2 of the Strategic Plan is most applicable here; 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 - no comments received as of 25/09/2019 - 5.2 Department of Infrastructure (DOI) Highways Division - no comments received as of 25/09/2019

6.0 ASSESSMENT - 6.1 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 The fundamental issue to consider in the assessment of the current planning application are the visual impacts of the proposed development on the character and appearance of the area.

6.3 The container is located alongside an existing industrial unit within the grounds of an existing industrial site and within a wider designated industrial area. Views of the container are likely to be limited to those within the site and not readily visible from the main industrial estate road or from public perspective. In any case the container is expected to be read against the backdrop of the existing industrial site and buildings and in connection with the industrial nature and use of the site. No visual harm is expected as a result. - 6.4 The siting of the container will not result in the loss of any parking spaces at the site or adversely impact highway safety. There are no trees or vegetation in the immediate area that are to be affect. The general amenity of the area is to remain unchanged.

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.

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 : 09.10.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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