1 March 2019 · Head of Development Management - Stephen Butler
Carrs Lane Motors, 9, Hills Meadow Industrial Estate, Douglas, Isle Of Man, IM1 5ea
J Qualtrough & Co Ltd applied to install a 4m deep by 3.6m wide metal roller shutter door and ramp on the east elevation of Unit 9, an existing commercial building, and a 4.9m wide by 2.4m high double gate in the boundary fence to link it to their adjacent builders yard.
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The officer assessed the proposal as providing a physical link between the existing commercial Unit 9 and the builders yard without introducing new built development, thus having a neutral impact on t…
Strategic Policy 1
Requires optimising use of previously developed land and under-used buildings, efficient site use, and location utilising existing infrastructure. The officer noted the proposal re-uses an existing commercial building in an industrial estate, complying fully.
Strategic Policy 2 - Priority for new development to identified towns and villages
Directs new development to existing towns and villages. The site in Douglas industrial estate within an existing town satisfies this location requirement.
General Policy 1
Requires regard to Development Plan and material considerations to direct development to suitable locations. Applied as overarching policy in assessment.
General Policy 2
Permits development in accordance with zoning if it respects site/surroundings in siting/layout/scale/design, does not harm amenity/highway safety/flood risk, and complies with area plan. Officer confirmed compliance across multiple tests (b, c, g, h, i, k, l), specifically no adverse highway, amenity, or flood impacts in industrial context.
Environment Policy 10
Requires flood risk assessment where potential risk exists per Appendix 4. Officer determined no FRA needed as no additional built development or displacement of flood waters, resulting in neutral impact.
Environment Policy 13
Prohibits development causing unacceptable flood risk. Proposal accepted as neutral in high-risk area with no worsening.
Time limit
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.
Gate design and materials approval
No development shall commence until details of the design of the external gate to be constructed onto Hills Meadow Industrial Estate including materials to be used in its construction, and external finishes have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
Highway access details
The access hereby approved shall be set back from the highway sufficient to avoid impeding traffic and employ gates that open inward onto the site. The surface of the access measured back from the carriageway shall be properly consolidated/surfaced (not loose stone or gravel). Reason: In the interests of highway safety.
The proposed gates would be erected within the site and away from the public highway. The new gates and roller shutter door should not create any new highway issues or change the existing level of site parking. Highway Services does not oppose the application.
No Objections
Douglas Borough Council raised no objections to the application in two separate consultation responses. Highway Services confirmed no highway issues and did not oppose the application.
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections to the listed applications.
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections to the listed applications.
Highway Services
No ObjectionThe original highway response to the planning application dated 4/12/18 on the Planning website remains unchanged; no highway issues have been raised and Highway Services did not oppose the application
The original planning application 18/01084/B for installing a roller shutter door and gates at Unit 9 and Builders Merchant Yard, Hills Meadow Industrial Estate, was approved by DEFA Planning. KC Foods, neighbouring business, appealed as a third party, objecting to the gates due to increased HGV traffic on the private cul-de-sac, disruption to their operations, and flood risk concerns. The applicant J Qualtrough & Co Ltd argued the gates would improve access and generate less traffic than previous use. The inspector found the gates acceptable subject to conditions, viewed traffic issues as a civil matter on private road, and noted planning benefits from improved access with neutral flood impact. The appeal was dismissed on 10 October 2019, upholding the original approval with conditions.
Precedent Value
Appeals on private industrial estate roads rarely succeed on traffic grounds as these are civil matters; focus on policy compliance, demonstrable site benefits, and condition controls. Applicants should emphasise operational improvements over neighbour disputes.
Inspector: Brian J Sims
