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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/00314/B Applicant : Livelladean Limited Proposal : Erection of a block of 20 light industrial units Site Address : Land East Of Unit 3 Clock Tower Industrial Estate Foxdale Isle Of Man IM4 3HF
Principal Planner: Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 20.09.2024 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. 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.
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.
C 3. 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.
Reason: To ensure that the car parking standards are achieved, sustainable travel/access provided and in the interests of highway safety.
C 4. 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
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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
Reason: To ensure the provision of an appropriate landscape setting to the development and for biodiversity.
C 5. 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. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action approved in writing by the Department and implemented in accordance with the approved details.
Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
C 6. 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, in accordance with the details contained therein. The name and contact details of the specialist shall be provided to the Planning Authority before any works commence on site.
Reason: Required to safeguard and enhance the character and amenity of the site and locality by ensuring compliance with the tree protection and to ensure that professional technical advice is on hand to deal with problems that arise or modifications that become necessary.
C 7. 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.
Reason: In the interest of the visual amenities of the site/area.
C 8. 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. 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.
C 9. 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). This should include any lighting in the public domain, including street lights.
Reason: In the interests of biodiversity of the site/area.
C 10. 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.
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Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal is incorporated into the design and the build and that the principles of sustainable drainage are incorporated into this proposal and maintained for the lifetime of the proposal.
C 11. 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.
Reason: To encourage sustainable means of travel.
C 12. 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.
Reason: to ensure contaminated soil is not removed from the site as proposed.
C 13. 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. The plan will need to be secured for at least 5 years post construction and the approved details shall be fully adhered to.
Reason: In the interest of biodiversity of the site.
C 14. 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 and the approved details shall be fully adhered to.
Reason: In the interest of biodiversity of the site.
C 15. 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 and the approved details shall be fully adhered to and retained thereafter.
Reason: In the interests of surface water flows and prevent flooding.
N 1. The applicants are strongly recommended that prior to any works (including emergency work) that interacts or disturbs the mining features they contact Energy & Minerals Division of DEFA. Further the applicant is advised that the Department does not accept responsibility for damage occurred to buildings or land because of historic mine workings.
This application has been recommended for approval for the following reason. It is considered the proposal has a number of material planning matters which need to be considered. The proposal would be developing a site which is designated for industrial development.
The development will clearly change the landscape character of the site/area from one a previously developed site, albeit no apparent built development in place, to a prominent industrial estate. As discussed within this report it is considered there is a visual harm caused by the development; which weighs against the proposal; albeit the land is designated for such development and the proposed building in terms of finishes and proposed landscaping are such that the impacts would be reduced. The development will appear as an extension of Foxdale
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into the open countryside; albeit this is not an uncommon occurrence around existing settlements and has been happening to other settlements for decades.
The proposal would equate to a sustainable development given its closeness and good pedestrian and cycle links to residential areas in Foxdale which is designated as a Service Village and would meeting the overarching aims of the IOM Strategic Plan i.e. "Towards a Sustainable Island" and other Government Document's seeking sustainable development and Active Travel.
There are no highway safety/parking concerns raised by the development and while the proposal will increase traffic generation it has been confirmed by Highway Services that this would not have an unacceptable impact to the existing highway network.
There proposed development will not result in an unacceptable risk from flooding on or off site. Further, the surface water runoff and foul drainage have all been accommodated in a suitable and acceptable way for the relevant drainage authorities.
Ecology impacts have been adequately addressed and with the proposed mitigation proposed/conditioned it is considered the development would be acceptable.
Finally, in terms of the economic benefits, the submission will bring a number of job opportunities in a variety of different skilled and non-skilled roles which can only be a benefit to the IOM economy and its residents.
It is considered for the reasons indicated within this report the proposal overall, would not have any significant adverse impacts upon public or private amenities and would therefore comply with;
Isle of Man Strategic Plan 2016 Strategic Policy 1, 2, 3, 4, 5, 7 & 10; Spatial Policy 1 & 3; General Policy 2 ; Environment Policy 4, 5, 7,10, 13, 22, 24, 26, 27, 28 & 42; Business Policy 1, 2 & 5; Community Policy 10; Transport Policy 1, 2, 4, 6, 7 & 8 of the Isle of Man Strategic Plan 2016;
Foxdale Local Plan 1998
Climate Change Act 2021
Manual for Manx Roads
Our Island Plan January 2023
Active Travel Plan Travel Investment Plan 2019
A Guide for Applicants: Supplementary Guidance on Economic Issues - December 2022
Landscape Character Assessment - Foxdale - Incised Slopes.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received;
18.03.2024
Drawings o Measured Survey - 01
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o Measured Survey - 02 o LOCATION PLAN - 003 REV A o PROPOSED GROUND FLOOR PLAN - 100 o Proposed First Floor Plan -101 o Proposed Roof Plan - 102 o Outline Tree Protection Plan - OTP-170523 o Retained Tree Impact - NORTH - TI-170523 o Retained Tree Impact - SOUTH - TI-170523 o Tree Removal - TR-170523 o Tree Constraints - North - TS-100523-N o Tree Constraints - South - TS-100523-S o PROPOSED DRAINAGE LAYOUT - 100 REV P1
Reports o Arboricultural Impact Assessment June 2023 - Manx Roots o Ecological constraints and opportunities plan - August 2023 - Curragh Environmental Consultancy o Preliminary Ecological Assessment - September 2022 (with some additions August 2023) - Curragh Environmental Consultancy o FLOOD RISK AND DRAINAGE ASSESSMENT - April 2023 - Weetwood o Planning Statement - Sarah Corlett Town Planning Consultancy o Protected Species Survey: Common Lizard - November 2023 - Ecology Vannin Consultancy Services o Analytical Report Number : 23-32223 - 3rd June 2023 - i2 Analytical Ltd o Stage 1 Road Safety Audit - April 2023 - Bryan G Hall o STAGE 1 ROAD SAFETY AUDIT DESIGNER'S RESPONSE - Cornerstone Architects o Structura Consulting - 10th January 2024 o TRICS Data - 31st March 2023 - Bryan G Hall o MINING DESK STUDY - July 2023 - Wardell Armstrong
08.08.2024
Drawings o PROPOSED SITE PLAN - 001 REV C o PROPOSED EXTENDED SITE PLAN WITH TOPOGRAPHICAL SURVEY OVERLAY - 002 REV C o ECOLOGICAL PLAN - 004 REV A o PROPOSED SITE SECTIONS - 200 REV A o Proposed Site Access Arrangement Swept Path Analysis - 23/165/ATR/002 REV C o Proposed Private Site Access Visibility - 23/165/TR/002 REV B o Swept Path Analysis of 7.5t Panel Van Turning Manoeuvres - 23/165/ATR/003 o Swept Path Analysis of Proposed Shuttle Working Chicane - 23/165/ATR/004 o PROPOSED PEDESTRIAN ROUTE - 23/165/TR/003 REV B
Reports o Design and Access Statement - Cornerstone Architects
Letters Agents Response to Highways - 7th August 2024 - Cornerstone Architects
19.08.2024
Drawings o PROPOSED ELEVATIONS - 300 REV B
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Interested Person Status
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Manx Utilities Flood Risk Management (DOI) Business Agency (DfE)
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
The owners/occupiers of Kiondhoag, East Foxdale Road, Foxdale The owners/occupiers of 20 The Meadows, Kirk Michael
as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE APPLICATION SITE 1.1 The application site is the land to the southeast of the Clock Tower Industrial Estate and south of the Mines Road (A24) within Foxdale Village. The site is approximately 5 acres in size (2.1 hectares). The site is accessed via an existing estate road serving the existing industrial units. This runs from the A24 southwest then turns south east, passes the existing industrial units towards the site.
1.2 The sites character is generally scrub land with undulating ground. There is a watercourse Struan Barrule which runs along the Eastern boundary of the site at a lower level. Along the north, northeast boundaries are previous soil mounds and landscaping/vegetation.
1.3 Fields 333130 and 333129 are located to the north and north east of the site which are also sited between the site and Mines Road. These fields are undeveloped, albeit have previously gain planning approval (15/00978/B) for a housing development (24 dwellings), but this has since expired.
1.4 Historically, the site was formerly mined and a number of the original shafts have been filled in. The 1868 County Series maps show how industrious this area was at that time and the myriad of shafts, tunnels, mines and the infrastructure that went along with them.
2.0 THE PROPOSAL 2.1 The application seeks approval for the construction of 20 light industrial units of approximately 73m2 at ground floor level with 15 of these units also having a mezzanine level of approximately 40m2. It is proposed that the use is limited to Light Industrial use.
2.2 The 20 light industrial units will be accommodated within one building which has a footprint of 63m by 25m and a height of 6.3m high to the eaves and 8.8m to the ridge and finished in rendered blockwork up to a height of 2.4m with "Moonstone" (light grey) insulated
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wall panels and "Anthracite" (dark grey) insulated roof panels on the roof. Each unit will have space in front which could accommodate two cars including providing for ev charging on some, and four of these spaces are of a size to be suitable for those with limited mobility. In addition, 7 spaces are available on the other side of the access road (with an additional space reserved for use by Manx Utilities for the servicing of the substation) together with a further 2 spaces and bin storage facilities and space for 3 motorcycles and 5 bicycles to be parked. At the south western end of the building there are a further 11 parking spaces.
2.3 The applicant outlines the reasoning for the submission and their aims, stating; "There is a high demand for small light industrial units on the current Industrial Estate and the proposed development will help to meet and satisfy that demand. The scheme is of a similar design and mass to the industrial units currently on the Industrial Estate particularly the building closest to the northern boundary. The proposals will retain large areas of open space and an improved access road for deliveries and manoeuvring of vehicles which will serve both sites. The size of the proposed units are designed to help accommodate smaller or new businesses which will be more economical in terms of bills and rates particularly in the current climate. They meet the requirement for the provision of employment land in the West."
3.0 PLANNING HISTORY 3.1 The application site has been the subject of the previous planning application, which is considered specifically material to the assessment of this current planning application:
3.2 Approval in principle to Phase 1 development of 10 industrial warehouse units, land adjacent to the Works, Mines Road, Foxdale, Patrick - 87/04475/A - APPROVED
Permissions adjacent/near to site 3.3 The existing unit in place today was approved under 88/01161/B which included a detailed landscaping plan which showed the other previously approved units.
3.4 The development of the house on the area formerly known as Louisa Mine or "The Deads" was approved under 12/01053/B and 13/00387/B which included the restoration of the land on the western side of the minor road leading up to Stoney Mountain Road which was subsequently also the subject of its own application for restoration - 16/01376/B.
3.5 The land to the north east of the site had permission for the development of 24 dwellings under 15/00978/B. This permission expired on the 13/08/2022.
3.6 The land to the east of Kiondhooag has been approved for residential development - 14/00295/A, 16/00751/B which extended the permission for the submission of the reserved matters to 05/09/2018 so this approval now has also expired.
4.0 PLANNING POLICY 4.1 LOCAL PLAN - FOXDALE LOCAL PLAN 1999 4.1.1 The application site falls within an area designated as "Light Industrial" under the Foxdale Local Plan 1999. The site is not within a Conservation Area nor are there any Registered Building within or close to the site. The site is not within an area at high risk of either tidal or fluvial flooding. There are some areas at risk of surface water flooding, namely the watercourse Struan Barrule which runs along the Eastern boundary of the site at a lower level and small localised sections to the western section of the site.
4.1.2 The Foxdale Local Plan identifies areas of potential contamination and this site is shown as being partly as having "slight possibility of elevated heavy metal concentration of other geotechnical/soil/water factors above background levels" and partly as having "evidence of a limited degree of heavy metal contamination that may limit end use unless restored". The Plan also recognises the potential for attaining the reclamation of the land alongside that has now
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been reclaimed as part of the Louisa House scheme as at that time all of this land was in the same ownership.
4.2 STRATEGIC PLAN 4.2.1 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application.
Strategic Policy 1 Efficient use of land and resources 2 Priority for new development to identified towns and villages 3 To respect the character of our towns and villages 4 Protection of built heritage and landscape conservation 5 Design and visual impact 7 Undeveloped land which is zoned in Local or Area Plans for industrial, office, or retail purposes will be retained and protected for such uses 10 New development should be located and designed such as to promote a more integrated transport network
Spatial Policy 3 Foxdale is identified as a Service Village which seeks to maintain and where appropriate increase employment opportunities. 1 Building in defined settlements or GP3
General Policy 2 General Development Considerations
Environment Policy 4 Wildlife and Nature Conservation 5 Ecological Impacts 7 Protection of watercourses 10 Flood Risk Assessments 13 No unacceptable risk of Flooding 22 Protection of amenities/environment from pollution 24 Pollution-sensitive development 26 No development on contaminated land unless it can be demonstrated that there is no unacceptable risk to health, property or adjacent watercourses 27 enhance the natural environment, including sites contaminated by former mine workings 28 Development at risk from ground instability 42 Respect the local character and identity
Business Policy 1 The growth of employment opportunities 2 Land designated for industrial development should be appropriate to area, transport links, proximity of labour and availability of water, sewerage and other utilities 5 On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted (excluding bulky goods)
Community Policy 10 Fire Fighting provisions
Transport Policy 1 located close to existing public transport facilities and routes 2 Provision for new links
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4 Highway Safety
6 Equal weight for vehicles and pedestrians
7 Parking Provisions
8 Requirements for Transport Assessments
4.2.2 For information the IOM Strategic Plan defines the following industrial uses as;
"industrial building" means a building (other than a building in or adjacent to or belonging to a quarry or mine and other than a shop) used for the carrying on of any process, for or incidental to any of the following purposes, namely:- a) the making of any article or of part of any article; or b) the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or adapting for sale, or breaking up or demolition of any article; or c) without prejudice to the foregoing paragraphs, the getting, dressing or treatment of minerals; being a process carried on in the course of trade or business other than agriculture, and for the purposes of this definition the expression "article" means an article of any description, including a ship or vessel.
Such buildings are sub-divided into light industrial, general industrial and special industrial buildings, each defined as follows:
"light industrial building" means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles; the use of light industrial buildings for research and development of products or processes is permitted by the Town and Country Planning (Permitted Development) Order 2005.
"general industrial building" means an industrial building other than a light industrial building or a special industrial building;"
4.2.3 Climate Change Act 2021
4.2.4 Manual for Manx Roads
4.2.5 Our Island Plan January 2023
4.2.6 Active Travel Plan Travel Investment Plan 2019
4.2.7 A Guide for Applicants: Supplementary Guidance on Economic Issues - December 2022
4.2.8 AREA PLAN FOR THE NORTH AND WEST - Draft Plan (June 2022) The Draft North and West Area Plan has been in June 2022 which initially de zoned the majority of the application site. However, since the initial draft plans and Written Statement being produced and following further consultation and consideration, the draft plans/Core Documents being submitted by the Planning Policy Team to the Planning Inquiry due to take place in June this year, has now re zoned the application site as "Industrial" use and the boundaries of the site as Open Space.
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4.2.9 The site is annotated "PTE001" and the following development brief is included for this site;
"Employment Proposal 3 The development of site PTE001 will be supported for the following uses: light industrial, general industrial, storage and distribution uses; office accommodation (subject to compliance with Strategic Plan Business Policy 7); or retail outlets (subject to compliance with Strategic Plan Business Policy 5)."
4.2.10 The draft plan currently has no material planning weigh. While it could be considered useful to see the potential longer term planning/use of the site, the fact remains that the draft plan is very likely to change and therefore cannot be relied on at this stage.
4.2.11 Landscape Character Assessment - Foxdale - Incised Slopes; ""to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern side lineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities. The overall strategy should be to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern side lineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities."
5.0 REPRESENTATIONS It should be noted that full comments made by all representations are available on the Online Services - Planning Applications and any decision should read this in full. Further, the application has been re-advertised a number of occasions (last consultation period starting 09.08.2024) in response to issues raised and therefore there are multiple comments from various representations. The comments below are taken form the last correspondence from the relevant party only. As mention there have been multiply comments from the majority of each representation and any decision maker should consider these as well.
5.1 Patrick Commissioners have commented (04.06.2024); "Following further discussion Patrick Parish Commissioners wish to support the following statements: 1 - the ground survey looks at the depth of the old mine workings these appear to have metres and feet mixed up as in the drawings they have the bottom level of the old mine working a long way below sea level, the pumps at the time could work to these levels. 2 - there appears to have no sprinklers within the factory units as Higher Foxdale is a distance away from the nearest fire station should this provision be considered? 3 - access to the site is shown on the plans as coming from the existing road way from the Clock tower this roadway often has parked vehicles on so it is normally only a single carriageway 4 - the current access and the new access would have problems as the number of commercial vehicles that park on the proposed access to service the businesses there reduce the width of carriageway 5 - the drawings show a stream coming under the clock tower end of the new units and it is shown as being diverted , this diversion may cause flooding at a later date. Has this been assessed and ongoing maintenance owned by the land owners?
5.1.1 No further comments received from latest consultation period (09.08.2024).
5.2 Highway Services (DOI) do not object to the application subject to conditions and make the final comments (12.08.2024):
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"The proposals include 20 light industrial units with a new access, turning and parking in Foxdale. Below will be responses to the previous comments based on the updated information submitted by the applicant on the 8 Aug 2024.
The applicant has stated that the pre-application discusses with Highway Services have taken place for this development but couldn't find any correspondence on file - Highway Services would welcome past correspondence to be sent from the applicant. The applicant has explained that there was no pre-app completed with DOI in the updated information dated 8 Aug 2024.
Road Adoption: No new roads are expected to be adopted for the proposals.
Accessibility and Connectivity: There is a separate pedestrian route onto the site internal road but there is no pedestrian route out of the site. Therefore, pedestrians/cyclists will be in conflict with vehicles on the site internal road and the site would be unattractive to arrive/leave by active travel. The applicant should consider how pedestrians/cyclists will be considered to exit/leave the site via marked routes/traffic calming measures, and how the wider estate road outside the red line boundary can be made attractive for walking /cycling if possible. The Applicant has submitted updated information dated 8 Aug 2024 that shows the pedestrian connection out of the site and industrial estate to the public highway and nearest bus stop - this is therefore acceptable and should be conditioned to be implemented before first occupation of the site. The plans shows a potential pedestrian route to the south of the site - how will this be constructed (will it be constructed of bound and consolidated material to ease pedestrian and mobility impaired travel) and is this confirmed to be implemented? The Applicant has submitted updated information dated 8 Aug 2024 that shows this is a track that could be constructed in future.
The applicant has suggested potential showers and cycle parking within units in the planning statement, but this has not be confirmed. Plans showing these facilities should be provided. The Applicant has submitted updated information dated 8 Aug 2024 that shows showers/cycle parking/lockers - this is therefore acceptable and should be conditioned to be implemented before first occupation of the site.
Vehicular Access: The applicant has agreed to provide parking restrictions on the access to protect visibility via the RSA process but this appears to not have been provided on an application plan. This should be provided for review if not already. The Applicant has submitted updated information dated 8 Aug 2024 that shows these restrictions - this is therefore acceptable and should be conditioned to be implemented before first occupation of the site.
Internals: The applicant has provided swept path analysis of large vehicles using the site internal road and turning head but not how large vehicles will turn on the site internal road to access the industrial units and exit the site - further swept path analysis should be provided on the application with expected sized vehicles to access the industrial unit service doors. The Applicant has submitted updated information dated 8 Aug 2024 that shows large vehicles can access the units safely - this is therefore acceptable.
Two way passing of vehicles on chicane of site internal road - even if a large vehicle (based on the swept path assessment submitted on the application) was to try to pass a car, there is a risk that vehicles could collide. There would also be safety issues if pedestrians and cyclists had to use the chicane while two-way motorised movements were occurring at the same section. It is suggested that the chicane is either made less severe (avoiding the exclusion zone), widen
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the road at the chicane or provide a give way line and signage for entering the site before the chicane for large vehicles to give way to exiting vehicles - suitable measures should be shown on a revised plan. The Applicant has submitted updated information dated 8 Aug 2024 that shows the chicane designed safely - this is therefore acceptable.
Parking: The application form states that there will be 2225sqm of light industrial unit space. Taking into account 1:30 sqm parking guidance in the Strategic Plan, this would require 74 parking spaces. The applicant has proposed 69. As the site is not in a town centre and there appears to be room on the site to provide additional parking, it is suggested that 74 parking spaces are providing on the site. The Applicant has submitted updated information dated 8 Aug 2024 that shows the parking total to meet strategic plan standards - this is therefore acceptable.
EV charging points should be provided within the site on the internal layout plan to aid Net Zero ambitions taking into account the expected carbon impact of the development. The Applicant has submitted updated information dated 8 Aug 2024 that shows the EV charging points - this is therefore acceptable.
Transport Assessment and Travel Plan: Not required due to the size of the proposals.
Traffic Impact: The applicant provided TRIP rates for traffic generation for the proposals which appeared reasonable and the traffic impact can be accommodated satisfactorily on the local road network at peak times.
Travel Plan: Not required.
Off-Site Works and Mitigation: See Accessibility and Vehicular Access Sections for comments. Now addressed.
Road Safety: Details of site access, non-motorised routes, swept path assessments and two-way passing measures are required for review on road safety matters. Now addressed.
Planning Conditions: 1. Layout, cycle/motorcycle/disabled/car parking, site access road and EV charge points (002 Rev C and28-06-2024 Rev B) to be implemented before first occupation and retained thereafter. 2. Site access proposals on approved plan 23/165/TR/002 Rev B, including parking restrictions and forward visibilities, to be completed before first occupation and retained thereafter. 3. Pedestrian route shown on approved plan 28-06-2024 Rev B to be completed before first occupation and retained thereafter. 4. Showers and lockers (001 REV C) to be implemented before first occupation and retained thereafter.
Conclusions: Further information, considerations and plans of the following is required:
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4. Swept path tracking assessment for large vehicles accessing the unit doors and forecourts. Now addressed.
Recommendation: DNOC"
5.3 Manx Utilities Drainage comment (12.04.2026): "The drainage for the above site will remain in private ownership and not be adopted by Manx Utilities. We do recommend that a management company is set up to look after the site.
If the units are to be used for any type of industry that will involve trade effluent discharges then a discharge license will be required.
Please be advised there will be 20 communication fees payable by the applicant if you could please notify your client of this. I have also attached the form 'connection to a Public Sewer' which needs to be completed prior to any connections being made onto the public sewer.
If I can be of any further assistance please do not hesitate to contact me."
5.4 Flood Risk Management - DOI - sought a deferral (03.05.2024);
"The FRA states that the detail of the repositioned watercourse will be provided at the "detail stage" however we require this information including calculations before we can comment further. In summery we require: 1. The calculations and designs for the diverted watercourse and the inlet and outlet to be designed to CIRIA C786 for a 1 in 100 plus climate change event. 2. The diversion of the watercourse with required consent under the Flood Risk Management Act 2013 Section 20. 3. We need the results of percolation tests to be undertaken to BRE 365."
5.4.1 The applicants noted the comments and while they are happy to undertake an additional assessment and calculation in relation to a percolation test, they questioned the validity of this request as the proposals relay on piped drainage solutions and not soakaways and have sought if this is required. The Department has also sought clarity, but has not yet had a response from Flood Risk Management. A condition seeking additional information is attached in terms of calculations and designs for the diverted watercourse and the inlet and outlet.
5.5 Environmental Protection Unit - DEFA - comment (19.04.2024);
"The EPU have reviewed the planning documents and do not have any issues especially regarding the waste streams of risk which are the following:
5.6 Ecosystem Policy Officer (DEFA) comment (18.04.2024); "The Ecosystem Policy Team can confirm that the Curragh Environmental Consultancy's (CEC) Preliminary Ecological Assessment (as amended August 2023) containing the Manx Bat Group's Bat survey (September 2022) and Invertebrate Report (July 2023); CEC's Ecological Constraints and Opportunities Plan (as amended November 2023); and Ecology Vannin's Protected Species
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Survey: Common Lizard (November 2023), are all in order and that a suitable level of assessment has been undertaken.
A number of important ecological features, as well as multiple non-native invasive plant species, were found on site and therefore a variety of measures have been recommended within CEC's Ecological Constraints and Opportunities Plan in order to avoid, mitigate and compensate impacts from the development.
The wildlife features on site can be summarised as: -Petite-leaved hawkweed, a red listed plant of highest conservation concern on the Isle of Man (only recorded from Foxdale in the Isle of Man); -Mine dead habitat suitable for rare and endangered moss species; -Likely presence of common lizards; -Multiple invasive non-native plant species listed on Schedule 8 Part II of the Wildlife Act 1990
An Outline Tree Protection Plan (Drawing No. OTP-170523) has been provided showing construction exclusions areas, protective fencing etc. Whilst this plan looks suitable for the protection of trees, the Ecological Constraints and Opportunities Plan also has requirements for different construction exclusion areas for the protection of rare plants, mosses and lizards. It would therefore be our recommendation that the different exclusion areas are incorporated into a combined plan (a Tree and habitat Protection Plan), so that construction workers do not have to look at multiple documents to determine whether specific areas need to be avoided and protected.
The Ecosystem Policy Team request that the following conditions are secured on approval:
No works to commence unless details of a suitably qualified Ecological Clerk of Works (ECoW) have been submitted to Planning and approved in writing. The ECoW shall be responsible for overseeing compliance with the measures contained in a Construction Environmental Management Plan throughout the duration of construction works, and for the management and monitoring measures detailed in an ecological management and monitoring plan, during and for at least 5 years post-construction.
No works to commence unless an ecological management and monitoring plan has been submitted to Planning 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) and the creation of a new lizard hibernaculum. The plan will need to be secured for at least 5 years post construction.
No works to commence unless a Construction Environmental Management Plan (CEMP), incorporating Precautionary Working Methods for common lizards and breeding birds, working methods for the protection of the watercourses, prevention of contaminated sediment mobilisation and prevention of the spread of invasive plant species etc. has been submitted to Planning and approved in writing.
No works to commence unless a tree and habitat protection plan has been submitted to Planning and approved in writing.
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No permanent external lighting to be installed unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to Planning and approved in writing. All works must then be undertaken in full accordance with this plan;
Lastly, in line with the Chartered Institute of Ecology and Environmental Management (CIEEM) Advice note on the Lifespan of Ecological Reports and Surveys, should development not have commended within 18 months of the date of the Preliminary Ecological Appraisal (August 2023) then a site reassessment by a suitably qualified ecological consultancy will be required and an updated ecological appraisal should be provided to Planning for written approval prior to works commencing."
5.7 Business Agency (DfE) supports the proposal commenting (24.04.2024);
"This comment has been provided by Officers from within the Business Agency and as such, should be considered as Officer comment only and, therefore, not the view or official position of the Business Agency Board, or political members of the Department for Enterprise.
The following comments on the scheme proposals, are made in light of the Isle of Man Economic Strategy: November 2022, which strengthens Government's economic drivers to 'develop a strong and diverse economy' by "investing in our people, our economy, our Island and our public services to secure 5,000 new jobs and a £10bn economy with infrastructure that can support 100,000 Island residents over the next fifteen years, with appropriate incentives / disincentives to achieve targeted and sustainable population growth".
We note that the site is not allocated for Industrial use on the 'Proposals Map 12 Foxdale' within the draft Area Plan for the North and West. However, the site is immediately adjacent to an existing Industrial use and would result in the regeneration of a former mining site and therefore, not green field.
The proposed development comprises 2225m2, or 23,950sqft, made up of 4No. 75m2/807sqft units, and 16No. 73m2/786sqft units. This offers a level of flexibility given the options to take on multiples of units to accommodate a variety of business uses, therefore reinforcing this eastern employment centre.
The Agency carried out market research with the Island's Commercial Agents in the Summer of 2023, noting that units up to 1,500sqft are the highest volume of units sold, or rented and that the greatest demand is currently for units under 10,000sqft. The agents also correspondingly suggest that the availability of units up to 1,500sqft is in short supply. These proposals would therefore, appear to assist in addressing that demand. The agency has noted a shortage of available units in the marketplace in the 10,000 to 25,000sqft and above range. Whilst it is clear from the design, that this development is set to be sold as smaller units, it could offer the opportunity for combining units to create larger floor plates if necessary.
The Business Agency considers that the proposals, represent further much needed private investment into one of the Island's Service Villages, therefore assisting in disseminating the employment offer across the Island; which would also play an important part in supporting the development of a strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which positively impacts all residents on the Isle of Man.
I am grateful for this opportunity to offer the Business Agency's support for this scheme and trust you find our comments of use."
5.8 DEFA Energy & Minerals Division make the following comments (18.09.2024);
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"We have reviewed the application and believe that the mine workings have been adequately considered and that the proposed mitigation measures appear to be adequate. The Department would want to be consulted if there are any disturbance of the mine entries and workings and that the Department would want to approve any works (including emergency work) that interacts or disturbs the mining features.
We also think it is prudent to clarify the comment in the structural statement that "...the Isle of Man Government who are responsible for the existing historic Foxdale Mines", we need to be careful of this statement as the Department does not accept responsibility for damage occurred to buildings or land because of historic mine workings. This will need to be commented on and corrected."
5.9 The owners/occupiers of Kiondhoag, East Foxdale Road, Foxdale object to the application on the following summarised grounds (29.04.2024): Concern of the volume of traffic entering and leaving via the clocktower as the junction is already quite dangerous and view is very restricted.
5.10
The owners/occupiers of 20 The Meadows, Kirk Michael object to the application on the following summarised grounds (29.04.2024); I own the first 50 meters of the road in on the clock tower industrial estate and I have had no request for permission nor correspondence regarding this application.
6.0 ASSESSMENT 6.1 APPROACH TO ASSESSMENT 6.1.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application: (a) Principle of development; (b) The potential impact upon the visual amenities of the area; (c) Potential impact upon neighbouring amenities; (d) Potential impact upon highway safety / Parking provision / Travel Options; (e) Potential drainage/flooding issues; (f) Potential impacts upon ecology/Tree loss; (g) Economical benefits; and (h) Ground Conditions/Contamination.
6.2 PRINCIPLE OF DEVELOPMENT (IOM Strategic Plan 2016 - Strategic Policy 1, 2, 6 & 7 - Spatial Policy 1 & 5 - General Policy 2 & 3, Business Policy 1, 2, 5, 7 and Area Plan for the East 2020 - Employment Proposal 1, 2 & 3, Development Brief 1.
6.2.1 The starting point is the land use designation of the development site. As outlined within section 4.0 of this report the site is within an area designated as "light Industrial" under the under the Foxdale Local Plan 1999. Therefor the proposal would comply with this designation.
6.2.2 Accordingly; given the above reason, it is consider the principle of developing the application site as proposed is acceptable. This is not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if the whole development on the site is appropriate or not.
6.3 THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA (IOM Strategic Plan 2016 - General Policy 2, Strategic Policy 4 & 5)
6.3.1 In terms of the potential impacts upon the visual amenities of the area, the development is considered to be publically visible from a number of primary locations, namely from the Foxdale Road (A24) to the northeast of the site and Main Road/Mines Road (A3) to
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the west. Further public viewpoints to the east of the site from the Stoney Mountain Road are possible; albeit the two identified viewpoints are considered the main viewpoints of the site.
Foxdale Road/Mines Road (A24) 6.3.2 The main public viewpoints would be of the northeast elevation of the proposed industrial units. Part of this elevation, namely the lower section (approximate 1.2m to 1.6m) would be screened by the existing banking which runs along the eastern boundary of the site. However, the majority of the building which has a height of approximate 8.7m (eves 6.2m) would be viewable. The public views are more distance views, being approximately 120m away at the building closest point with the A24, which gradually increases. Landscaping is proposed along the eastern boundary of the site, namely tree planting (Silver Birch/Beech trees) on the existing bank which exists, which currently has areas of gorse existing which are proposed to be retained. The building is proposed to be finished with a painted green render at the lower sections and green metal sheeting to the upper elevations, apart from the north east elevation which is maybe a timber (Larch close boarding) cladding or similar. Green metal cladding is also proposed to the roof and all doors and frames are proposed to be green in colour.
6.3.3 From these public viewpoints the development will be apparent and will partially read as the continuation of the existing industrial estate into the open landscape. This issue will be considered later in this report. Other potential visual impacts is whether the proposal would break the skyline of the hillside when viewing from the Foxdale Road/Mines Road, given the sites ground levels and the proposed height of the building. For reference the proposals roof ridge height is approximately 4.7m taller than the roof ridge of the existing industrial building which is located to the north west of the site, approximately 50m away from the proposed new building. This height increase is due to the ground level of the application site being approximately 2.5m above that of the ground level around the existing industrial building and also given the proposal has a height of 8.7m, whereas the existing industrial building has a height of 6.5m.
Foxdale Road (A24) 6.3.4 The main viewpoints are when looking downwards towards the application site; given the Foxdale Road is significantly above that of the site/Foxdale Village. The south west elevation is likely to be most apparent form public views and also the western part of the roof. The views would be at a distance, approximately 240m at their closest point with the building and gradually increasing when travelling through Foxdale.
Summary 6.3.5 There is some concern that any building on this size results in the appearance of built forming projecting to the open countryside in this location, especially when viewing the site along the Foxdale Road/Mines Road. While in plan form, the proposal is a clear continuation of the industrial development in a southerly direction from Foxdale, the fact remains that on three boundaries of the site it is generally characterised as open countryside (i.e. fields) and the proposal will potentially appear as a projection into the countryside, especially from Mines Road to the north.
6.3.6 However, there is existing built form currently and potentially in the future that would reduce this appeared projection. There is the farm holding of Kiondhooag to the east of the site (approximately 43m to closest farm building). Furthermore, planning permission was granted in 2016 for housing development (15/00978/B) for 24 dwellings to the north east of the site, i.e. the field between the site and Mines Road. This application was not implemented, although the site is still designated as "Predominately Residential" on the current Foxdale Local Plan and is proposed to be designated again under the Draft Area Plan for the North and West as "Predominately Residential". Where this site to be development, it is reasonable to consider the proposed industrial building would be screened/limited from public views. However, with
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no permissions in place, the determination of this current application should be made on the basis that this neighbouring site may not be developed.
6.3.7 Visiting the area it is considered the proposed building would not likely project above the skyline of the hillside to the west/southwest of the site, namely given the buildings position and distance from public views, but also given the height of the hills beyond.
6.3.8 Overall, it is considered the proposal will change the character and appearance of the site and this location; however, with the proposed finishes of the building (should be conditioned) and proposed tree planting this is considered in the medium to longer terms the visual harm would be reduced. It should be noted that given the ground level of the site and the generally size, height of industrial buildings; it is not seen how the development of this land cannot have a visual impact. However, given it is designated for development and the draft plan continues this land designation; it is therefore acknowledged that the visual impact of industrial development was acceptable when the Local Plan and Draft Area Plan was produced. This is further evidence by the planning history of the site which in 1988 (88/01161/B) planning permission was granted for the existing adjacent industrial building (ten units) to the north of the current site, which included detailed landscaping around the application site as well and also showed three indicative industrial buildings (same site as existing building) on the current application site.
6.3.9 However, any decision maker should fully aware that there is a visual impact and this weight against the proposal.
6.4 POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES - (General Policy 2 and Environment Policy 22) 6.4.1 The residential property potentially most impacted by the development would be Kiondhooag which is located to the east of the site, approximately 110m away from the closest proposed industrial unit (Nr 10).
6.4.2 Generally, the main issues relating to the impacts upon residential amenities are; overbearing impacts upon outlooks, loss of light, loss or privacy, pollution and/or general noise and disturbances.
6.4.3 In relation to the use of the units; the new industrial units would be for light industry uses only (Use Class 2.2). As outlined in the IOM Strategic Plan (and the Use Class Order), light industrial uses are defined as; "...means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles...;".
6.4.4 Accordingly, it is considered the use of the units would not have any significant impacts upon neighbouring amenities, given the uses which would be able to operate are those which would be appropriate within residential areas. Furthermore, the distances between the units and the neighbouring properties in the area; the earth bank to the eastern part of the site and the existing (and proposed) landscaping within the site and area, would all ensure no significant impacts would be created by the uses of the industrial units upon the neighbouring residential properties.
6.4.5 The submission includes an Access Statement in relation to highway safety and impacts upon the highway network. However, the potential traffic generated by the proposal is also a useful when judging the level of potential impacts upon neighbouring residential amenities by the traffic generated by the development. The properties most likely to be affected by additional traffic generated by the proposal are those to the north of Mines Road, where the junction of the existing estate road meets Mines Road. With regard to traffic generation; the
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proposed development is predicted to generate a total of 25 two way vehicle trips during the morning peak hour and 23 two way vehicle trips during the evening peak hour. This equates to on average around 1 additional vehicle trip every 2.5 minutes during the peak hours. The applicants consider that this; "...which would not be discernible to those accessing the Clock Tower Industrial Park nor those travelling along the A24 Mines Road."
6.4.6 While the increased level of traffic resulting from the development will increase the level of noise/disturbance, it is considered for the reasons outlined the impact would not be so significant to warrant a refuse on this ground and comply with General Policy 2 and Environment Policy 22.
6.5 POTENTIAL IMPACT UPON HIGHWAY SAFETY / PARKING PROVISION / TRAVEL OPTIONS - (Isle of Man Strategic Plan - Strategic Policy 10, General Policy 2, Transport Policy 2, 4, 5, 6, 7 & 8; Climate Change Act 2021; Manual for Manx Roads and Active Travel)
6.5.1 The proposal would require the use/access of the existing private access road which runs from Mines Road to the existing industrial buildings in the area. No change is proposed to this existing junction onto Mines Road.
6.5.2 The submission does proposal to alter the existing internal junction and private estate road which serves the adjacent industrial building to the north of the site, to improve access for all users and visibility at the internal junction, in line with the Manual for Manx Roads (MfMR).
6.5.3 In terms of traffic generation, as outlined in paragraph 6.4.5 of this report a Access Statement was produced by a qualifies Traffic Engineer and the applicants highlight that Paragraph G.1.2 of the Manual for Manx Roads (MfMR) refers to a threshold of 30 two-way peak hour vehicle trips, below which additional trips from development would not ordinarily result in a detrimental impact on the operation of the highway network. Therefore, given the proposal is expected to generate less than this, the applicants considered that; "...the predicted level of additional vehicle trips at the existing Clocktower Industrial Park private access junction with the A24 Mines Road will not result in a material impact on the operation of the junction, nor the wider local highway network in the vicinity of the site."
Sustainable travel 6.5.4 The proposal in line with the MfMR provides an over provision of cycle provision with 10 shared short stay cycle parking spaces in the form of 5 hoops covered with a Sheffield stand, which will be located adjacent to the northern corner of the building. Long stay cycle parking will be available within each of the 20 individual units.
6.5.5 45% of the proposed car parking spaces will be accessible to an electric vehicle charging point, including all 7 of the proposed disabled parking spaces.
6.5.6 In relation to walking the applicants comment; "All of the residential areas in Foxdale are accessible within a maximum 1 kilometre walking distance of the centre of the proposed unit, with some dwellings accessible within less than 500 metres, via either the main proposed pedestrian access via Meainyn Close to the north- west or via the A24 Mines Road to the north of the site. The site is therefore within an accessible walking distance of dwellings in Foxdale for commuting journeys to the site on foot."
6.5.7 Furthermore, in relation to public transport links the applicants comments; "The nearest bus stops to the site are located on the A24 Mines Road, immediately to the east of the junction with Meainyn Close. The stops are located approximately 340 metres walking distance from the centre of the proposed unit on the site, via the proposed pedestrian route to Meainyn Close to the north-west of the site. There are therefore bus stops located within the maximum recommended 400 metres walking distance."
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Parking provision 6.5.8 The proposal for 15 light industrial units with a total gross floor area of 2,060m2 , which will be split into 15 individual units with gross floor areas of 113m2 (73m2 ground floor and 40m2 mezzanine) and 5 units with a gross floor area of 73m2 (ground floor only). The applicants indicated that the mezzanine floor area would be optional to any future tenants.
6.5.9 The Parking Standards within the IOMSP seek Light Industrial development of having 1 space per 30m2 gross floor area. Accordingly, 2,060m2 (2060/30=68.6) equates to 69 car parking spaces. The proposal would have a total of 49 dedicated car parking spaces and a further 20 unmarked spaces directly in front of each unit.
6.5.10 The proposal therefore meets the require parking standards of the IOMSP.
Highway response 6.5.11 Highway Services have considered the application in detail and provided a number of comments, including details comments and suggested conditions (dated 12.08.2024 online). The key comments confirm the access proposals along the estate road are acceptable providing adequate visibility; traffic generation for the proposals which appeared reasonable and the traffic impact can be accommodated satisfactorily on the local road network at peak times; parking total to meet strategic plan standards; updated information shows large vehicles can access the units safely; and further details of site access, non-motorised routes, swept path assessments and two-way passing measures on road safety matters have been submitted and are acceptable.
6.5.12 The Department gives significant weight to the conclusions of Highway Services who find the overall development and it impacts in relation to highway safety, traffic generation and consequence impacts upon the highway network to be acceptable.
6.5.13 The development has outlined a number of sustainable transport options which would meet the aims of Strategic Policy 10 which seeks new development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement. The proposal meets all of these aims as well of those of the Active Travel Plan and Manual for Manx Roads.
6.5.14 For the reasons outlined it is considered the proposed development at the level indicated, would be acceptable form a highway safety point of view and while it will have an impact on the surrounding highway network by additional traffic begin generated, the impacts are not so significant to warrant a refusal.
6.6 POTENTIAL DRAINAGE/FLOODING ISSUES - (IOM Strategic Plan - Environment Policy 7, 10, 13, 22 & 25)
6.6.1 Dealing with flooding relating matters, the site is not within an area at high risk of either tidal or fluvial flooding. There are some areas at risk of surface water flooding, namely along the eastern boundary (below earth bank), but no alterations are proposed to be made to this area and the earth bank in this location is not proposed to be altered (except additional landscaping).
6.6.2 The applicants Planning Statement concludes on this matter: "Whilst the site is not identified as being at risk of flooding, a Flood Risk and Drainage report has been prepared, by Weetwood and dated 11.04.23. this concludes that as proposed, the development would not be at unacceptable risk of flooding."
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6.6.3 Foul water is proposed to connect to the existing public foul sewer in Clock Tower Industrial Estate via the existing private connection.
6.6.4 Manx Utilities Drainage have considered the application in respect to drainage and have no objections.
6.6.5 At the time of writing there is still an outstanding potential issues raised by the Flood Risk Management (DOI) regarding further information of diverted watercourse and the inlet and outlet and percolation tests. The first issue a condition has been added which would address this issue. In terms of percolation test, while the applicant is happy to provide such information, as outlined in the representation section of this report, they question whether it is needed, given there is no proposals for a soakaway in the scheme and a percolation tests are generally only need for such works. It is hoped this questions can be resolved prior to the Committee and/or condition added.
6.6.6 Overall, the Department and the majority of the drainage authorities have considered all aspects of drainage for the scheme and have raised no objection. Accordingly, given the comments received and as Building Regulation will also considered drainage aspects the Department is comfortable that all aspects of drainage/flooding are acceptable.
6.7 POTENTIAL ECOLOGY IMPACTS/TREE LOSS - (Environment Policy 4, 5 & 7 and Climate Change Act)
6.7.1 As part of the submission an "Ecological constraints and opportunities plan" has been undertaken by the Curragh Environmental Consultancy. This plan indicates that a Preliminary Ecological Assessment in 2022 was undertaken on the site and this informed the application proposals. The report indicates there ae three parts ; Part 1 the results of new assessments of the site in 2023; Part 2 an ecological plan including a proposed zonation together with a statement of aims and methodology; and Part 3 a summary of the immediate and longer-term management.
6.7.2 The Ecosystem Policy Team outline that they consider the submitted ecological information are all in order and a suitable level of assessment has been made. The Ecosystem Policy Team note that a number of important ecological features, as well as multiple non-native invasive plant species, were found on site and therefore a variety of measures have been recommended within CEC's Ecological Constraints and Opportunities Plan in order to avoid, mitigate and compensate impacts from the development.
6.7.3 The Ecosystem Policy Team summarise the wildlife feature on the site as being;
6.7.4 No objection is raised by the Ecosystem Policy Team subject to conditions listed within their representations. While some of the suggested conditions have been attached, some have not, as other Government Legislation (for example Wildlife Act, Flood Risk Management Act) would deal with these matters.
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6.7.5 Environment Policy 5 indicates that under exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to: (a) minimise disturbance; (b) conserve and manage its ecological interest as far as possible; and (c) where damage is unavoidable, provide new or replacement habitats so that the loss to the total ecological resource is mitigated. It is considered with the ecologic proposals within the application currently and with appropriately worded conditions; the proposal could be considered to comply with this policy. The main ecological importance of the site are areas of land around its boundaries, and the submitted ecology plan indicates these area are to remain/unaltered. However, similar to a tree protection plan, a detailed habitat protection plan should be sought via a condition to ensure these areas are protected during the construction period and post construction, to ensure they are not damaged or destroyed.
Tree Loss 6.7.6 The proposal, namely due to the works to improve the private estate road would result in the remove 12 category C trees which are located within a large tree group at the entrance to the site. All other trees on the site are to be retained and protected. No comment shave been received from Forestry (DEFA) in terms of the tree loss. However, the loss of the trees will not have a significant visual impact upon public amenities, being set behind trees which are to be retained and will still form a strong grouping of trees. Further, additional tree planting is proposed within the site which would likely mitigate the trees lost.
6.8 ECONOMICAL BENEFITS - (A Guide for Applicants: Supplementary Guidance on Economic Issues - December 2022 and IOM Strategic Plan - Strategic Policy 6 & 7, Business Policy 1, 2 & 5)
6.8.1 The recently published "Supplementary Guidance on Economic - December 2022" provides advice to applicants in terms of the relevant economic matters that will be considered as part of any applications, especially those which have the potential for substantial business growth and benefits to the economic. This guidance links to the relevant planning policies of the IOM Strategic Plan and those in this case in the Area Plan for the East which are outlined in the policy section of this report.
6.8.2 This reflects the Tynwald approved "Economic Strategy" which followed the "Our Inland Plan". Within the forward of the latter it states;"...to develop a strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which will positively impact all residents in the Isle of Man."
6.8.3 Comments from the Department of Enterprise (Paragraph 5.7) are noted as these consider the submission in terms of the economic benefits of the proposal against Government Policy on such matters and there concluding comments state;
"...The proposed development comprises 2225m2, or 23,950sqft, made up of 4No. 75m2/807sqft units, and 16No. 73m2/786sqft units. This offers a level of flexibility given the options to take on multiples of units to accommodate a variety of business uses, therefore reinforcing this eastern employment centre."
6.8.4 And
"The Agency carried out market research with the Island's Commercial Agents in the Summer of 2023, noting that units up to 1,500sqft are the highest volume of units sold, or rented and that the greatest demand is currently for units under 10,000sqft. The agents also correspondingly suggest that the availability of units up to 1,500sqft is in short supply. These proposals would therefore, appear to assist in addressing that demand. The agency has noted a shortage of available units in the marketplace in the 10,000 to 25,000sqft and above range.
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Whilst it is clear from the design, that this development is set to be sold as smaller units, it could offer the opportunity for combining units to create larger floor plates if necessary."
6.8.5 It is clear from the submission that the proposal would bring economic benefits to the IOM and the Isle of Man Strategic Plan, The Economic Strategy and the "Our Inland Plan" , especially the site is designated for such development
6.9 GROUND CONDITIONS/CONTAMINATION (Environment Policy 26 & 38 of the IOM Strategic Plan)
Ground Conditions 6.9.1 The area of the site and Foxdale has been identified as a long mining history of silver and lead and the application site already has evidence of this with the "Beckwith's Shaft" which is to the northwest of the proposed units, and sits between the propped new building and existing industrial units, which has already been capped. A 10m "exclusion Zone" is shown on the submitted proposed site plan, and also dictates the location of the proposed building.
6.9.2 The submission includes a Mining Desk Study of July 2023 prepared by Wardell Armstrong's. It outlines that the purpose of the report is; "The purpose of this report is to support the proposed development of the site by identifying and examining readily available documentary sources of information relating to the following: x Past and current uses of the site and surrounding area and the nature of any hazards and physical constraints; x Geological setting including superficial and solid geology and mining; and x The preliminary assessment of mining risk."
6.9.3 It makes concluding comments and recommendations. The report concludes that; "6.1.1 Based on available information summarised in this report, the geological conditions and mining legacy at the site are considered to present an overall high to medium risk for the future development.
6.1.2 The presence of areas of high and medium mining risk does not necessarily preclude the proposed development, but identifies a number of potential mining constraints that need to be fully investigated and assessed prior to the future development.
6.1.3 Following the completion, interpretation and analysis of the results of the site investigation it is considered likely that some specific design and/or remedial measures will be necessary to mitigate the mining risks identified in this report."
6.9.4 A number of recommendation are made, including;
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6.9.5 The submission also includes a Statement from Structura consulting (Civil & Structural Engineers) which recommends that; "...the foundation arrangement for the proposed units consists of a reinforced concrete raft foundation with perimeter and internal thickenings. The raft foundation will be designed to accommodate any likely shaft or adit revealed during the works or any undiscovered mine workings.
The raft foundation will also include a hardcore podium below probably of the order of 600mm thick onto the fill material".
6.9.6 The Energy & Minerals Division (DEFA) have raised no objection, indicating that they believe that the mine workings have been adequately considered and that the proposed mitigation measures appear to be adequate. They do seek that they would want to be consulted if there are any disturbance of the mine entries and workings and that the Department would want to approve any works (including emergency work) that interacts or disturbs the mining features. An informative note could be attached to any approval. They also highlight that the structural statement indicates that; "...the Isle of Man Government who are responsible for the existing historic Foxdale Mines"; however, they clarify that the Department does not accept responsibility for damage occurred to buildings or land because of historic mine workings. The applicants agent has been advised of this (email dated 19.09.24).
6.9.7 There is clear more investigation needed to be undertaken by the applicants prior to the commencement of the development as per the recommendations of the Mining Desk Study of July 2023 prepared by Wardell Armstrong's. It is considered the applicants are ultimately responsible, which is highlighted within the IOM Strategic Plan which states: "7.22.2 It may be necessary for a developer to undertake a specialist investigation and assessment to identify any remedial measures required to deal with ground instability. It may also be appropriate to carry out monitoring after the development has taken place. Ultimately it is the responsibility of the developer to ensure that land is safe and suitable for development. Whilst the Department will try to ensure that a development will not be put at unacceptable risk, the subsequent liability for safe development and secure occupancy of a site rests with the developer and / or landowner."
6.9.8 It is considered the submission has identified potential risks within the Mining Desk Study of July 2023 prepared by Wardell Armstrong's and the Statement from Structura consulting (Civil & Structural Engineers) who makes recommendation that the building is constructed on a reinforced concrete raft foundation with perimeter and internal thickenings to accommodate any likely shaft or adit revealed during the works or any undiscovered mine workings. Accordingly, the Department is comfortable at this stage that the applicant has considered this matter adequately; albeit it has been recommended that further investigation are carried out.
6.9.9 Any future Building Regulation Application would also consider the structural integrity of the development (Approved Document A), in this case the potential reinforced concrete raft foundation currently proposed, to ensure that this is suitable for the site conditions. Accordingly, the Department is comfortable that this matter has been suitable considered and other legislation will consider the detail further.
Contamination 6.9.10 It is noted that in terms of contamination the IOM Strategic Plan comments;
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"7.20.1 ...Perhaps the most notable sites are land areas associated with former mining practices and it is not uncommon for such sites to be close to residential areas or watercourses which can be detrimentally affected by such contamination. Foxdale is a prime example of a former mining village, which largely specialised in lead mining during the 19th Century under the control of the Isle of Man Mining Company, and physical evidence can still be found of important archaeological remains. A number of studies have revealed varying degrees of contamination across Higher Foxdale, much of which still requires reclamation from heavy metal contamination. It is recognised, however, that some of the former mining areas host a variety of rare plants which may have ecological value.
7.20.2 The practice of reclaiming contaminated land and bringing it back into beneficial use is supported, whether it be suitable in the end for open space or residential development or as deemed appropriate in the Area Plans. It is important that however former contaminated land is utilised, both health and property are safeguarded. Detailed surveys may be required to identify the extent of contamination and how contamination problems can be overcome. On sites where the Department has no control, the developer will have responsibility to ensure that any development site is free of contamination which may constitute a hazard to occupiers or potential users of the development or land. Furthermore, precautions will be essential to ensure that contaminants cannot escape from the site which may cause airborne or waterborne pollution or pollution of nearby land."
6.9.11 Further, Environment Policy 26 indicated that development will not be permitted on or close to contaminated land unless it can be demonstrated that there is no unacceptable risk to health, property or adjacent watercourses. A condition should be attached which restricts any excavated material being moved off site.
6.9.12 It is noted that the submission indicates that Structura Consulting, undertook trail hole investigations to establish the levels of the original ground and has tested the contaminants in the residual ground excavations and the results indicated that only high levels of lead where present.
6.9.13 Further, the applicants also comment that; "All excavated material will be retained on site but moved to areas where there can be no risk of pollution and will be covered with inert materials so that any surface water runoff is not contaminated."
6.9.14 Environment Protection Unit have commented on this matter indicated that due to the high levels of lead any excavated material removed from the site would be hazardous waste and require disposal off island. Consequently they indicated that retaining the material on site and preventing contamination of run off reduces the risk of environmental pollution and expensive disposal costs. This should be conditioned to any approval.
6.9.15 Any future Building Regulations Application would also consider the site preparation and resistance to contaminants (Approved Document C).
7.0 CONCLUSION 7.0.1 Overall, it is considered the proposal has a number of material planning matters which need to be considered. The proposal would be developing a site which is designated for industrial development.
7.0.2 The development will clearly change the landscape character of the site/area from one a previously developed site, albeit no apparent built development in place, to a prominent industrial estate. As discussed within this report it is considered there is a visual harm caused by the development; which weighs against the proposal; albeit the land is designated for such development and the proposed building in terms of finishes and proposed landscaping are such that the impacts would be reduced. The development will appear as an extension of Foxdale
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into the open countryside; albeit this is not an uncommon occurrence around existing settlements and has been happening to other settlements for decades.
7.0.3 The proposal would equate to a sustainable development given its closeness and good pedestrian and cycle links to residential areas in Foxdale which is designated as a Service Village and would meeting the overarching aims of the IOM Strategic Plan i.e. "Towards a Sustainable Island" and other Government Document's seeking sustainable development and Active Travel.
7.0.4 There are no highway safety/parking concerns raised by the development and while the proposal will increase traffic generation it has been confirmed by Highway Services that this would not have an unacceptable impact to the existing highway network.
7.0.5 There proposed development will not result in an unacceptable risk from flooding on or off site. Further, the surface water runoff and foul drainage have all been accommodated in a suitable and acceptable way for the relevant drainage authorities.
7.0.6 Ecology impacts have been adequately addressed and with the proposed mitigation proposed/conditioned it is considered the development would be acceptable.
7.0.7 Finally, in terms of the economic benefits, the submission will bring a number of job opportunities in a variety of different skilled and non-skilled roles which can only be a benefit to the IOM economy and its residents.
7.0.8 It is considered for the reasons indicated within this report the proposal overall, would not have any significant adverse impacts upon public or private amenities and would therefore comply with;
Isle of Man Strategic Plan 2016; Strategic Policy 1, 2, 3, 4, 5, 7 & 10; Spatial Policy 1 & 3; General Policy 2 ; Environment Policy 4, 5, 7,10, 13, 22, 24, 26, 27, 28 & 42; Business Policy 1, 2 & 5; Community Policy 10; Transport Policy 1, 2, 4, 6, 7 & 8 of the Isle of Man Strategic Plan 2016;
Foxdale Local Plan 1998
Climate Change Act 2021
Manual for Manx Roads
Our Island Plan January 2023
Active Travel Plan Travel Investment Plan 2019
A Guide for Applicants: Supplementary Guidance on Economic Issues - December 2022
Landscape Character Assessment - Foxdale - Incised Slopes
7.0.9 It is recommended that the planning application be approved, subject to conditions for the reasons given
8.0 INTERESTED PERSON STATUS 8.0.1 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;
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(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.
8.0.2 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.
8.0.3 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 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 and/or rights to appeal.
Decision Made : Permitted
Committee Meeting Date: 30.09.2024
Signed : C BALMER 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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