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24/00011/C Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00011/C Applicant : Mr Ben Hardy Proposal : Change of use from Class 2.4 (Storage or Distribution) to Class 2.3 (General Industrial) including car repairs and preparation of cars for scrappage (retrospective) Site Address : 298A Jurby Industrial Estate Jurby Isle Of Man IM7 3BD
Planning Officer: Paul Visigah Photo Taken : 15.05.2024 Site Visit : 15.05.2024 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 10.06.2024 __
Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
C 1. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the unit shall only be used for General industrial (Class 2.3), car repairs and preparation of cars for scrappage, and for no other purpose at any time.
The approved use does not include the storage of scrap vehicles on site.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.
This application has been recommended for approval for the following reason. This application has been recommended for approval as it is deemed to result in no harm to the use and enjoyment of neighbouring properties or the highway network, and would not result in adverse visual impact or impact to the character of the area. The proposal is, therefore considered to align with the principles promoted by General Policy 2, Strategic Policy 1 and 10, Business Policy 1, and Transport Policy 7 of Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; The decision relates to the documents and plans received 4 January 2024. __
Interested Person Status - Additional Persons
None __
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24/00011/C Page 2 of 6
Officer’s Report
THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.
1.0 THE SITE 1.1 The site is the curtilage of Unit 298A Jurby Industrial Estate, situated on the south western side of the A14 and to the south east of the A10 coastal highway. Jurby Concrete Plant sits directly opposite the site to the North West, while the applicant's former premises, now condemned, sits to the northeast, with hard surfaced roadways abutting the site to the north, west and south with an area of grass to the southeast.
1.2 The immediate area accommodates a number of industrial units based upon a former RAF Second World War air base. The buildings within the estate are a mixture of older timber structures and more modern prefabricated units although the layout is still more or less as it was when the airbase was operational with each building on its own concrete pad with narrow estate roads winding around and to them.
1.3 Jurby Industrial Estate comprises a range of industrial uses as well as a cafe and two motor museums. These uses include preparation of precast concrete products, the Jurby Concrete Plant, self-storage, storage of agricultural products, Island Aggregates Materials Testing, Office Equipment Centre, Meat products etc.
2.0 THE PROPOSAL 2.1 Planning approval is sought for Change of use from Class 2.4 (Storage or Distribution) to Class 2.3 (General Industrial) including car repairs and preparation of cars for scrappage (retrospective).
2.2 The applicants have indicated on the Planning Statement that the proposed use would include the repair of motor vehicles, including the preparation of end of life vehicles for scrappage which does not involve the actual scrapping of the vehicles but rather the removal of certain re-usable body parts - tyres, audio systems, exhaust systems etc - not dissimilar to a process where these parts would be replaced as part of a repair.
2.3 The Planning Statement also notes that the applicant formerly occupied the unit immediately to the north of the site for around 23 years, but was informed in 2022 that the building in which he was carrying out the business, was condemned and he was moved to the application site. The document further notes that the applicant was not advised that current unit had permission under its original planning approval, for storage and that a change of use was required. He has also had to re-apply for his waste disposal licence which relates to the area of his operations which involve breaking cars in preparation for scrappage, which is undertaken elsewhere, by others.
3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The application site is within an area designated as "Airfield" identified on the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area or flood prone area. The site is largely not prone to flood risks, although the parking area to the south of the building and main entrance sits within an area prone to high surface water flood risks.
3.2 Isle of Man Strategic Plan 2016: 3.2.1 Given the nature of the application and the history of approval for industrial development in this area, it is appropriate to consider the following planning policies: a. General Policy 2 - 'Development Control' considerations. b. Strategic Policy 1 - Efficient use of land and resources.
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c. Strategic Policy 3 - Development to safeguard character of existing towns and villages. d. Strategic Policy 5 - Design and visual impact. e. Strategic Policy10 - New development should be located and designed such as to promote a more integrated transport network with the aim to: minimise journeys, especially by private car; make best use of public transport; not adversely affect highway safety for all users, and encourage pedestrian movement. f. Environment Policy 23 - Consideration of the potential adverse impact of alterations and improvements to existing facilities on neighbours. g. Environment Policy 42 - character and need to adhere to local distinctiveness. h. Business Policy 1 - The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan. i. Business Policy 5 - On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution. j. Transport Policy 4 - Highway Safety. k. Transport Policy 7 and Appendix A.7.6 - Parking Provisions:
Such buildings are sub-divided into light industrial, general industrial and special industrial buildings, each defined as follows:
The strategic plan defines "general industrial building" as an industrial building other than a light industrial building or a special industrial building.
4.0 OTHER MATTERIAL CONSIDERATIONS 4.1 Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations.
5.0 PLANNING HISTORY 5.1 The building which is the subject of the application was approved under PA 91/04146/B as a storage building.
5.2 PA 08/00587/B for Creation of a new access road through estate with new and upgraded accesses to the A14 and A10 roads (comprising an amendment to the development approved under 07/01457/B) - Approved. The Inspector, whilst recommending the application for approval noted within Paragraphs 4 and 5 of his report that the site is identified as an airfield under the 1982 Development plan Order, whilst also noting that no significant harm would result that development.
5.3 PA 11/01280/D for Erection of four non-illuminated signs - Approved. The Inspector's report for the application clearly states that "the site has established and authorised use as an industrial estate although it is still identified as an 'Airfield" on the 1982 Plan".
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5.4 Whilst not directly related to the site, PA 08/00119/B for Erection of steel pallisade security fencing, at a site within the industrial estate in considered relevant. The Inspector, in recommending approval for the application states the following within Paragraphs 7 and 8 of the Inspectors Report: "7. There is no planning policy which directly allocates the airfield at Jurby as an industrial site. However, as a matter of fact, it is accepted to be so; the Strategic Plan encourages the growth of employment opportunities in Business Policy 1, and the facilities necessary to enable Hut 248 to be used productively would accord with that policy. Whilst the development does not accord with the zoning of the site as an airfield, it nevertheless appears to me that the General Policy 2 of the SP is relevant.
The relevant considerations in that policy are that the development should respect the site and surroundings in terms of its siting, layout, scale, form and design: should not adversely affect the character of the shrouding landscape, and should not prejudice the use or development of adjoining land. In my view this proposal accords with these policies, and should be permitted."
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 DOI Highways find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking (12 January 2024).
6.2 Jurby Parish Commissioners have not commented at the time of writing.
6.3 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of the current application are: i. The Principle (GP2, BP1, STP 1 & Paragraph 9.3.8); ii. The Visual Impact (Gp2b,c, SP 5, EP42); iii. Impact on the neighbouring amenity (GP2 & EP23); iv. Parking and Highway Safety (TP4 & 7).
7.2 THE PRINCIPLE 7.2.1 In assessing the principle of the proposed use, it is noted that the site is designated as an Airfield use, rather than industrial use, on the Development Plan, as such, there isn't an automatic presumption in favour of industrial development, as currently proposed. This is hinged on the fact that the development is not in accordance with the designated use on the adopted Development Plan. However, it is noted that the industrial estate has been in place for a significant time, with there being history of approvals granted for the erection of industrial buildings, and use of a significant number of the sites here for industrial purposes.
7.2.2 Likewise, it has been established (as noted in the site history details), that the site and surrounding sites are acceptable as industrial sites, with the related Planning Inspectors clearly detailing why industrial development should be accepted at the estate. Moreover, Jurby is designated as a "major employment area" in the Strategic Plan (See Paragraph 4.4.1 of the Strategic Plan), which would mean that it would be suitable for the proposed general industrial use. It must be noted that the proposal would benefit from easy access to labour, with the location also benefiting from an integrated transport network that would further ensure the use aligns with the goals of Strategic Policy 6, whilst the proposal would also retain employment opportunities to this area.
7.2.3 Granting the building which is the subject of this application was approved for storage use, with the current scheme seeking to utilize the building for general industrial use, car
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repairs and preparation of cars for scrappage, the area is used for a variety of industrial related purposes, such that the proposal would be in keeping with the range of industrial uses common with the area. Thus, the proposal would be appropriate for an industrial location, such as the proposed site, and this weighs in favour of the proposal.
7.2.4 Based on the foregoing, it is considered that the principle of the proposed development on this site would be acceptable.
7.3 POTENTIAL VISUAL IMPACT 7.3.1 In terms of potential visual impacts, it is considered that the proposal would not result in materials changes to the external appearance of the building on site. It is also not considered that the situation of vehicles outside the building, as is evident on site would be at variance with the general character of the area which is largely industrial in character.
7.3.2 Whilst it is noted that the parking of vehicles around the site could have adverse visual impacts given that they would be clearly visible when using the estate road, the views created by the parked vehicles would be no different from that associated with vehicle repair and scrappage in industrial or associated sites. Besides, parked vehicles would be seen within a landscape of industrial buildings, external storage and externally parked vehicles of various sizes and types, which would be read within the context of the site and environs. Overall, it is considered the scheme as proposed would not unduly affect the visual amenities of the immediate street scene or character of this part of the industrial estate.
7.4 IMPACT ON NEIGHBOURING AMENITY 7.4.1 With regard to impact on nearby properties, it is considered that the key concern here borders on the potential noise impacts on the neighbours. In this case, the nearest industrial site is the mixed concrete plant which is already accustomed to certain noise levels which would not be less than that generated by the proposed general industrial use which could involve the adapting for sale, breaking up or demolition of car parts. Thus, any noise impacts associated with the proposed use would not be so significant as to warrant refusal of the scheme.
6.4.2 Overall, it is therefore concluded that the proposed development would not result in harm to neighbouring amenity of the adjacent industrial units.
7.5 PARKING PROVISION/HIGHWAY SAFETY 7.5.1 This application provides 16 parking spaces of its own, which would serve a floor area measuring about 450sqm, which would mean that the site has an excess of 7 parking spaces when the Strategic Plan requirement of 1 parking for 50sqm of floor area is factored in. Since the unit measures about 450sqm of floor area, the proposal which is for general industrial use would require 9 parking spaces, as such the additional 7 parking spaces should be more than adequate to accommodate the needs of the business, and therefore complies with the Strategic Plan parking standards. 7.5.2 Further to the above, the site is situated within a public transport corridor which would serve to diminish the requirement for car parking, particularly for staff working at the site. This would comply with the requirements of Strategic Policy 10.
8.0 CONCLUSION 8.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network, and would not result in adverse visual impacts or impacts on the character of the area, and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016. The proposal is, therefore, recommended for approval.
9.0 INTERESTED PERSON STATUS
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9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material in this case Douglas Borough Council have not made material comments and should not be afforded Interest Person Status.
9.2 The decision maker 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 above who should be given Interested Person Status __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : ...Permitted... Committee Meeting Date:...08.07.2024
Signed :...P VISIGAH... 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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