2 October 2024 · Planning Committee (signed by J Chance, Director of Planning and Building Control)
Land East Of Unit 3, Clock Tower Industrial Estate, Foxdale, Isle Of Man, IM4 3hf
Livelladean Limited applied to build a single block containing 20 light industrial units (Class 2.2 use only), each around 73m² ground floor with some having 40m² mezzanines, on a 2.1 hectare former mining site designated for light industrial use under the Foxdale Local Plan 1999.
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The site is designated for light industrial development under the Foxdale Local Plan 1999, establishing the principle as acceptable.
Strategic Policy 1
Requires efficient land use; site designated for industrial development under Foxdale Local Plan, supporting principle of light industrial units on previously developed former mining land.
Strategic Policy 2 - Priority for new development to identified towns and villages
Foxdale designated as Service Village; proposal supports maintaining/increasing employment opportunities with good pedestrian/cycle links to residential areas.
Strategic Policy 7
Site zoned light industrial in Foxdale Local Plan 1998 and draft North/West Area Plan (PTE001); development complies with zoning.
General Policy 2
Assesses impacts on amenities, highways, ecology; no significant adverse effects after mitigation, despite acknowledged visual harm.
Environment Policy 4
Ecological features (lizards, rare plants) protected via conditions for management plans and habitat safeguards.
Environment Policy 5
Mitigation/avoidance measures for ecology via conditioned plans; no unacceptable residual impacts.
Business Policy 1
Provides small flexible units meeting market demand, creating skilled/non-skilled jobs in line with Economic Strategy.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Use restriction
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the 20 Units within the building hereby approved shall not be used other than for Class 2.2 - Light industry and for no other purposes.
Highway infrastructure
Prior to the occupation of any new industrial unit the road layouts, pedestrian paths, cycle/motorcycle/disabled/car parking, cycle shelter/stands, site access road, visibility splays and EV charge points as shown on drawings 002 REV C, 23/165/TR/003 REV B, and 23/165/TR/002 REV B, shall be completed ready for use and retained thereafter for their particular use.
Landscaping scheme
Prior to the commencement of any development full details of soft landscaping works shall be submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (including tree planting suitable for the sites contamination levels) showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Tree retention
No tree marked as being retained on drawings TI-170523 Retained Tree Impact - NORTH and TI-170523 Retained Tree Impact - SOUTH, shall be cut down, uprooted or destroyed during the development phase and thereafter within 5 years from the date of occupation of the last unit completed, other than in accordance with the approved plans and particulars.
Tree protection
The implementation of the tree protection measures set out in the approved Arboricultural Method Statement and as shown on drawing number OTP-170523 shall installed prior to the commencement of any development and not removed till the completion of the development and be monitored by a suitably qualified and pre-appointed tree specialist.
Levels and height
The Finished Floor Levels (132.500) and height of the industrial building hereby approved shall be as shown on drawings 001 REV C, 002 REV C and 200 REV A and retained thereafter.
Materials approval
No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department.
External lighting
No external lighting is to be installed unless in accordance with a detailed external low level lighting scheme which must be submitted to and approved in writing by the Department, and must be in accordance with the recommendations outlined in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023).
Drainage scheme
Prior to the occupation of any industrial unit hereby approved the attenuation tank and drainage scheme as shown on drawing P100 P1 shall be completed and retained thereafter.
Showers and lockers
Prior to the occupation of any new industrial unit the showers and lockers (001 REV C) to be implemented before first occupation and retained thereafter.
Excavated material
All excavated material/soil will be retained on site but be moved to areas where there can be no risk of pollution and will be covered with inert material so that any surface water run off is not contaminated.
Ecological management plan
Prior to the commencement of any works details of an ecological management and monitoring plan shall be submitted to the Department and approved in writing. The plan will need to incorporate the measures detailed in Table 1, 2 and 3 of the Curragh Environmental Consultancy's Constraints and Opportunities Plan (as amended November 2023), Cornerstone Architect's Ecological Plan (Drawing No. 004 REV A) and the creation of a new lizard hibernaculum.
Habitat protection plan
Prior to the commencement of any development a detailed habitat protection plan demonstration how the areas identified on the submitted ecological plan are to be protected/preserved during the construction period and post construction shall be submitted to the Department and approved in writing.
Watercourse diversion
Prior to the commencement of any development details of the watercourse diversion works, culvert details and headwall details all designed to CIRIA C786 for a 1 in 100 plus climate change event shall all be submitted to the Department and approved in writing.
No objection subject to conditions on parking, access, pedestrian routes, EV points, and swept paths (all addressed by amendments)
Supports proposal for meeting demand for small industrial units, regenerating former mining site, and supporting economic strategy for jobs and diverse economy
No objection to drainage (private ownership); notes trade effluent consents may be needed
No issues with waste streams; supports retaining excavated material on-site to avoid pollution
Ecological assessments in order; no objection subject to conditions on management plans, protection, and lighting
Mine workings adequately considered; mitigation acceptable subject to consultation on disturbances
Multiple statutory consultees including Highways, Ecology, Building Control, Utilities, Flood Management, and DEFA Minerals provided responses with no objections subject to conditions addressing highways access, ecological protections, mining risks, drainage, and utilities connections.
Key concern: Mining risks from shafts, Day Level tunnel and unrecorded workings requiring site investigations and raft foundations
Department of Infrastructure Highways Development Control
Conditional No ObjectionRecommendation: DNOC; Further information... now addressed
Conditions requested: Layout, cycle/motorcycle/disabled/car parking, site access road and EV charge points to be implemented before first occupation and retained thereafter; Site access proposals including parking restrictions and forward visibilities to be completed before first occupation and retained thereafter; Pedestrian route to be completed before first occupation and retained thereafter; Showers and lockers to be implemented before first occupation and retained thereafter
DEFA Ecosystem Policy Team
Conditional No Objectiona suitable level of assessment has been undertaken; request that the following conditions are secured
Conditions requested: Details of Ecological Clerk of Works (ECoW) submitted and approved before works commence; Ecological management and monitoring plan incorporating specified measures for 5 years post-construction; Construction Environmental Management Plan (CEMP) with precautionary methods; Tree and habitat protection plan submitted and approved; Sensitive low level lighting plan per Bat Conservation Trust guidance; Site reassessment if development not commenced within 18 months
Head of Building Control
No ObjectionThis is exactly what we would hope the applicant supplies us with; raft foundation offers certain assurances
Manx Utilities Authority
Conditional No Objectionthe Authority has no objection... subject to the following condition/s
Conditions requested: NO discharge of surface water to foul drainage; Private drainage not adopted, recommend management company; Trade effluent discharges require license; Connection to public sewer per Manx Sewers for Adoption; 20 communication fees payable
Flood Management Division
Conditional No ObjectionConditions requested: Details of watercourse diversion works, culvert details and headwall details all designed to CIRIA C786 for 1 in 100 plus climate change event submitted and approved
DEFA Energy & Minerals Division
Conditional No Objectionmine workings have been adequately considered and... proposed mitigation measures appear to be adequate; Department would want to be consulted if there are any disturbance
Conditions requested: Department to be consulted and approve any works that interact or disturb mining features
Wardell Armstrong
historical mining setting is currently considered to represent a moderate to high risk; Site investigation work is recommended
Conditions requested: Confirm mine ownership and obtain permissions; Staged site investigation: geophysics then intrusive works; Review mining risk assessment post-investigation
