Loading document...
==== PAGE 1 ====
25/90521/A
Page 1 of 11
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90521/A Applicant : Mr Mike Jackson Proposal : Approval in Principle (with all matters reserved) for erection of industrial building for purposes of storage and distribution (class 2.4) with associated parking and landscaping Site Address : Land Adjacent To Clock Tower Industrial Estate Foxdale Isle Of Man
Senior Planning Officer: Mrs Louise Phillips Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 15.10.2025 __
Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019.
C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Reason: To avoid the accumulation of unimplemented planning approvals.
C 3. Approval of the reserved matters of siting, design, external appearance, internal layout, site layout, drainage, means of access and landscaping shall be obtained from the Department in writing before any development is commenced.
Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.
C 4. Any future reserved matters application relating to highways and access shall include details of access and egress for large vehicles on the site and at the junction of Mines Road; parking provision to the standards required by the Strategic Plan 2016; non-motorised user
==== PAGE 2 ====
25/90521/A
Page 2 of 11
connections from the site to the surrounding highway network; and transport information based on Manual for Manx Roads V2.0 requirements for development highway assessment.
Reason: In the interests of highway safety.
C 5. Any future reserved matters application concerning landscaping and trees shall include a detailed landscape plan showing a minimum of 10% tree canopy cover across the site; substantial planting along the eastern boundary of the site to include tree planting to provide a buffer with the adjacent site for residential development; and a comprehensive drainage plan to deal with all rainfall on site.
Reason: In the interests of ecology and the character and appearance of the area.
C 6. In addition to the details required by Conditions 3-5 any future reserved matters applications shall include information and where relevant proposals to demonstrate how the following issues have been considered and addressed:
o The potential for land/water contamination from historic industrial activity and/or mine working; o The avoidance of unacceptable flood risk, including provision of a Flood Risk Assessment; o The need to satisfactorily drain the site, having regard to existing drainage agreements as appropriate; and o The achievement of no net loss of biodiversity.
Reason: In the interests of public health and safety and biodiversity, and to comply with Strategic Plan policies GP2, EP4, 10, 13 and 27.
N 1. The applicant should note the following:
o Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. o Connection to the existing surface water drain requires approval from Manx Utilities. o The proximity of the watercourse will require consultation with the Flood Risk Management Division.
This application has been recommended for approval for the following reason. The proposal for a permanent industrial building for storage and distribution use is contrary to the zoning of the land in the Development Plan for predominantly residential purposes. However, the housing potential of the application site itself amounts to only four dwellings and so the loss would be modest. There is an identified need for employment land as well as housing land across the Island and, despite previous grants of planning permission, housing has not come forward on the site over many years. In this context, the economic benefits of the proposed development, in an existing industrial area, outweigh the potential loss of four dwellings.
The application is made in principle only with all matters reserved for determination at a later date. At this stage, it seems likely that the proposed development could be accommodated on the site without detriment to the setting of the nearby Registered Building, the character and appearance of the area, the living conditions of existing or future residential occupiers or highway safety. There is also a reasonable prospect that issues of contamination and drainage, flood risk and ecology could be addressed if regard is had to the policies of the Development Plan.
==== PAGE 3 ====
25/90521/A
Page 3 of 11
Plans/Drawings/Information;
This approval relates to the following drawing numbers:
o Location Plan: C-1072-00 A o Site Plan: C-1072-01 B o General Arrangement: C-1072-02 A __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
o Cabinet Office - No objection. o Business Agency, Department of Enterprise - No objection. o Highways Services, DoI - No objection subject to conditions which have been applied. o Highways Services Drainage, DoI - No objection subject to conditions which have been applied.
It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal:
o Magic Carpets, 79 Parliament Street, Ramsey - Objection identifies land that is owned or occupied by the objector that would be impacted, but such land is not within 20 metres of the site. o Clagh Mooar, East Foxdale Road, IM4 3HQ - Objection identifies land that is owned or occupied by the objector that would be impacted on, but such land is not within 20 metres of the site. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE BECAUSE THE PROPOSAL IS CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.
1.0 THE SITE
1.1 The site lies to the south of the A24 Mines Road and immediately to the east of the access road into the Clock Tower Industrial Estate. It is a flat piece of land laid to gravel and hardstanding with a wide frontage onto the access road. Part of the site presently has planning permission for parking and storage use for a tractor unit; a 7.5 tonne truck; a 9m trailer; and a pallet truck. There is a strip of unmanaged land between the site and Mines Road, in separate ownership, which is grassed over with a few small trees. The land to the immediate east of the site, presently in the same ownership, is undeveloped and covered in rough grass. It slopes upwards from the site towards the "Kiondhooag" access lane.
1.2 Bettridges Motors lies opposite the site to the west of the estate access road; and Magic Carpets and some other industrial units lie to the south west. There is a watercourse and a band of mature trees to the immediate south of the site, and the land beyond these has planning permission for 20 light industrial units.
1.3 The area to the north of the A24 is predominantly residential in character and there are several detached houses around a small cul-de-sac which overlook the industrial estate. These are at a higher level at the top of a grassed bank.
==== PAGE 4 ====
25/90521/A
Page 4 of 11
1.4 More generally, the area in the vicinity of the application site was a former mining area.
2.0 THE PROPOSAL
2.1 Permission is sought in principle for the erection of an industrial building for storage and distribution use (Class 2.4) and the surfacing of part of the site to provide parking and manoeuvring space. In light of the land use designations which apply to the area, all matters are reserved for future determination. The applicant acknowledges that detailed information relating to potential land contamination, ecology, drainage, landscaping, visibility and highway safety would need to be submitted to support a full application.
2.2 The indicative drawings show a part rendered, part metal clad building with a pitched roof positioned on the eastern part of the site away from the access road. It would measure 20m x 35m x 6m to the eaves, to allow three HGVs to park inside for loading/unloading. A small office/reception area would also be provided. Outside, the site is proposed to be surfaced in a permeable material to provide parking and turning space for the HGVs and staff cars. 10 parking spaces are said to be provided, but only 4 are shown on the plans. A landscaped buffer is shown around the building with new trees on the eastern boundary of the site.
2.3 The Planning Statement explains that the operation currently employs two people, a driver and an office worker. With the permanent facilities proposed, the business hopes to expand to employ three drivers and two office workers. The business mainly delivers goods across the island from the depot, and customers would only rarely call to collect items from the site.
3.0 PLANNING POLICY
Site Specific 3.1 The site is to the south-east of the Victoria Clock Tower, Registered Building No. 286. It is not within a Conservation Area and there are no Registered Trees or Registered Tree Areas in the vicinity. The site is within 9m of a watercourse and is at high risk of surface water flooding.
Area Plan for the North & West (adopted by the Cabinet Office on 12 September 25 and due to come into force on 1 December 25 if approved by Tynwald) 3.2 The site is the western part of site PTR004(b), allocated for Predominantly Residential Use. The Plan anticipates 4 dwellings being delivered in the Plan period, and a total of 10 dwellings if the site is built out in full. The Development Brief for the site requires an ecological appraisal; mitigation for mine workings; and no net loss of biodiversity.
Foxdale Local Plan 1999 3.3 The westernmost part of the site adjacent to the access for the Industrial Estate is zoned for Light Industrial Use, while the majority of the site is zoned for Predominantly Residential Use along with more land to the east.
3.4 The Plan identifies the Clock Tower Industrial Estate as a heavily contaminated area, directly related to the physical presence of mine workings. Policies F/PR/E/1; F/P/E/1; and F/P/E/2 are relevant and identify drainage as a particular consideration for development.
Isle of Man Strategic Plan 2016 3.5 Strategic Policy 4 requires development to protect or enhance the fabric and setting of Registered Buildings.
3.6 Strategic Policy 11 and Housing Policies 1-3 require the provision of sufficient development opportunities to deliver 5,100 additional dwellings from 2011-2026.
==== PAGE 5 ====
25/90521/A
Page 5 of 11
3.7 General Policy 2 provides that development in accordance with land use zoning and other relevant proposals and policies of the Development Plan will normally be permitted subject to certain criteria, including those below which are relevant to this proposal. The development should:
(b) respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) not affect adversely the character of the surrounding landscape or townscape; (d) not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (g) not affect adversely the amenity of local residents or the character of the locality; and (h) provide satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space. (i) not have an unacceptable effect on road safety or traffic flows on the local highways; (j) be provided with all necessary services; (k) not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) not be on contaminated land or subject to unreasonable risk of erosion or flooding.
3.8 Environment Policy 7 concerns the protection of watercourses.
3.9 Environment Policies 10 and 13 relate to development on sites at risk of flooding.
3.10 Environment Policy 27 concerns development on or close to contaminated land, and Environment Policy 27 relates to the enhancement of the natural environment, including in former mine working areas.
3.11 Business Policy 1 supports business growth in accordance with the Plan, throughout the island.
3.12 Business Policy 2 requires land for industrial development to be designated in all parts of the island.
3.13 Paragraph 9.2.7 states that where industrial development is proposed, it is essential that all parking and manoeuvring by vehicles which will be generated by the use of the site can be accommodated within the site and off the highway. This is particularly important within industrial estates where lack of parking and manoeuvring space can create significant difficulties for other estate users, particularly where the use of large and articulated vehicles is involved.
3.14 Transport Policy 7 requires parking provision to accord with current standards.
4.0 OTHER MATERIAL CONSIDERATIONS
4.1 The Town and Country Planning (Use Classes) Order 2019: Part 2, Paragraph 8 puts Storage and Distribution Uses into Class 2.4.
4.2 Isle of Man Economic Strategy, November 2022.
4.3 Isle of Man Employment Land Review 2025.
4.4 Section 16, Paragraph (3)(a) of the Town and Country Planning Act 1999 requires the Department to have special regard to the desirability of preserving a Registered Building or its setting or any features of special architectural or historic interest which it possesses, when
==== PAGE 6 ====
25/90521/A
Page 6 of 11
considering whether to grant planning approval for development which affects a registered building or its setting.
5.0 PLANNING HISTORY
5.1 There is a lot of planning history for this site and the surrounding area. The following recent history is most relevant to the present proposal:
o 24/00314/B: Erection of a block of 20 light industrial units. Permitted 2/10/24. (This relates to land to the immediate south of the present application site).
o 23/01499/C: Additional use of industrial estate to include parking and storage use. Permitted 1/2/24. (This relates to a slightly smaller site, contained withn the present application site).
o 22/01134/A: Approval in principle for proposed residential development. Permitted 7/5/24. (This relates to land to the east of the application site, outside the applicant's ownership, beyond "Kiondhooag". The permission is valid until 2/12/28).
o 15/00978/B: Residential Development of 24 dwellings with parking. Permitted 13/8/18. (This includes the application site and the land to the immediate east within the applicant's ownership, up to "Kiondhooag". Permission has now expired).
6.0 REPRESENTATIONS
Organisations 6.1 Planning Policy, Cabinet Office (10/9/25): Following a request by the Case Officer for planning policy advice in relation to the zoning of the site in the adopted and emerging Development Plan, the Planning Policy Team confirmed the following:
o The agent acting on behalf of the landowner responded to the 2022 consultation [on the Draft Area Plan for the North & West] by asking CabO to consider what is now PTR004 (b) for residential development. The letter dated 21st September 2022 is published. The 'proposed changes' document noted this as a major change stating that it was to meet the housing needs of Foxdale. o The Inspector made a number of comments in his report. o The plan as modified includes a development brief in Chapter 14. o CabO acknowledged the car parking/storage use of the application site as part of the N/W plan process. o The plan is not yet adopted. o There have been a number of AIPs for housing, many of which have lapsed. o Planning policy recognises that constraints on site PTR004 (b) and the extensive planning application history in this area, may hinder the short term developability of the site. o Both ongoing residential land availability work and the employment land review 2025 indicate there is a need for both residential and employment land. In terms of the land proposed for housing in the Area Plan, proportionally, this is greater than the amount of employment land identified.
6.2 Business Agency, Department for Enterprise - main points of Officer level response, made in light of Economic Strategy, 2022 (23/7/25):
o Draft Area Plan for the North designates the site as PTR004B and zones it for residential use. o Proposal does not fully comply with zoning but it is directly adjacent to existing industrial, storage and distribution uses, which provide a degree of contextual support.
==== PAGE 7 ====
25/90521/A
Page 7 of 11
o Planning Statement indicates that the business currently employs two individuals and anticipates expanding to three drivers and two office staff. This projected growth, facilitated by the provision of permanent, purpose-built premises, offers clear economic and employment benefits. o There has been a notable downturn in construction on the island and this scheme will bring much needed work into that sector. o Proposal supports business expansion, job creation and wider economic development, aligning with Business Policy 2 and the Strategic Plan's economic objectives; and reflects the Agency's mission to collaborate with industry in fostering resilience and growth, thereby contributing postively to the IOM economy.
6.3 Highways Services, DoI (30/7/25): "...no significant negative impact upon highway safety, network functionality and/or parking as a storage and distribution proposal on the site would be acceptable in this industrial/commercial area. Reserved Matters should include Layout and Access, Parking providing to Strategic Plan 2016 recommended amounts, Non-Motorised User connections from the site to the surrounding highway network, and Transport Information submitted based on Manual for Manx Roads V2.0 requirements for development highway assessment".
6.4 Highways Drainage, DoI (24/7/25): "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: There are no details of the site SW drainage. Connection to the Existing SW drain requires approval from Manx Utilities. The proximity of the watercourse will require consultation with the FRM team. The applicant should be aware of and comply with the clause above".
6.5 Forestry, Amenity & Lands, DEFA (24/6/25): "There are no registered trees impacted and indeed very little impact on any trees of note. As such we have no objection at this juncture to this in principle proposal. If you were minded to approve this application, we would counsel that any development on this site would require from us a detailed landscape plan that showed a minimum of 10% tree canopy cover across the site (standard for industrial zoning) and a comprehensive drainage plan to deal with all rainfall on site, as currently the site is almost 100% permeable".
6.6 The following organisations were consulted on 23 June 2025 but, at the time this report was drafted, no comments had been received:
o Inland Fisheries Development Manager o Manx Utilities Authority - Water & Electricity o Patrick Commissioners o Flood Management Division
Public/Neighbours 6.7 Magic Carpets, 79 Parliament Street Ramsey (but have a unit on the Indiustrial Estate) (10/7/25): "...Magic Carpets who have no objection to the principle of the development...
Having witnessed maneuverability of articulated lorries into the existing freight hub we cannot see how access as proposed on the private road can be achieved without amendment to the junction with the highway and amendment to the layout proposed creating a set back. There does not appear to be any vehicle tracking shown to demonstrate that access is suitable. Whilst it is acknowledged that the owner of the land also owns the access road across which rights of way are granted we are concerned that the maintenance of the access road will become a serious issue and request that a full traffic statement is provided assessing all matters relating to the highway and access into, egress from the site.
==== PAGE 8 ====
25/90521/A
Page 8 of 11
We are also concerned that the development as shown does not respect a drainage agreement relating to other sites to the East of the proposal. It is also important to note that there are no details of the relative levels to allow assessment of the impact of the building in the context of the surrounding properties and the general topography.
My client wishes it to be known that he has no objection to the principle of the development".
6.8 The occupiers of "Clagh Mooar", East Foxdale Road, IM4 3HQ, object as follows (16/7/25): "Due to the close proximity of the proposed industrial unit to my house I object to its construction. My concerns are increased traffic and noise pollution in a residential area".
7.0 ASSESSMENT
7.1 Having regard to the matters above, the main issues are:
o Whether the proposed development would preserve the setting of the nearby Registered Building; o The principle of the proposed industrial development on land zoned for residential use; o The effect of an industrial building upon the character and appearance of the area; o The effect of an industrial building upon the living conditions of nearby residential occupiers; and o The effect of the proposed development upon highway safety.
Setting of the Registered Building 7.2 The submitted plans are indicative only and so it is neither possible nor appropriate to assess the impact of the proposed building in detail. However, the Victoria Clock Tower is on the north side of Mines Road opposite the entrance to the Industrial Estate, meaning that the existing buildings on the estate are already part of its setting. In this context, an additional industrial building of the type proposed on the application site would cause no harm. Consequently, it presently appears that the proposal would preserve the setting of the Registered Building as required by Section 16, Paragraph (3)(a) of the Town and Country Planning Act 1999, and Strategic Policy 4 of the Strategic Plan.
Principle of Industrial Development 7.3 The majority of the site is zoned for residential use in both the adopted Foxdale Local Plan and the adopted (but not yet operational) Area Plan for the North & West. Indeed the site was included as a residential allocation, PTR004b, in the Area Plan at the request of the landowner. The current proposal for industrial development is therefore contrary to the Development Plan.
7.4 However, the site is presently in use for storage and distribution, albeit from moveable structures, and it is at the entrance to an existing industrial area. The Area Plan zones less land for residential purposes in this area than does the earlier Foxdale Local Plan, and the Inspector's Report on the former suggests that PTR004b has been included due to the history of planning permissions. In this respect, the residential permission 15/00978/B has not come forward and the Planning Policy Team recognises that the physical constraints upon the site might hinder development in the short term.
7.5 The Policy Team further advises that there is a need for both residential and employment land across the Island, and that the Area Plan proposes proportionately more housing land than employment land. The Employment Land Review 2025 finds a need for 44.18Ha of land for industrial type uses to 2041. In this context, it should be noted that only four of the 24 dwellings permitted under 15/00978/B were expected to be provided upon the application site itself; and only four out of a now smaller total of ten dwellings allocated on site PTR004b are now expected to come forward during the Area Plan period. If a tree belt were planted to the east of the proposed industrial building as shown on the indicative plans, it
==== PAGE 9 ====
25/90521/A
Page 9 of 11
would not necessarily prevent housing delivery on the remainder of the site up to "Kiondhooag". Similarly, the proposal would not prejudice housing development further east as permitted under 22/01134/A. Therefore, granting permission for the present proposal would result in the potential loss of about four dwellings.
7.6 Balanced against this modest loss of housing, the Business Agency supports the proposal in light of its contribution to the aims of the Island's Economic Strategy. The new industrial building would provide permanent, secure premises for an existing business and potentially create additional employment - three jobs at the site itself and more during construction. These economic benefits of the development would also serve the aims of Business Policies 1 and 2 of the Strategic Plan. Taking account of the site's location by the existing industrial estate, its present industrial use and the unimplemented residential approvals in the area, the economic benefits would outweigh the conflict with the Development Plan in respect of the residential zoning of the land and the purpose of Strategic Policy 11 and Housing Policies 1-3.
7.7 Overall, the principle of the proposed industrial development is acceptable and it would comply with Business Policies 1 and 2 of the Strategic Plan.
Character and Appearance 7.8 Given the indicative nature of the plans, the visual impact of the proposal cannot be assessed in detail. However, the immediate locality has an industrial character, with several existing large buildings, and the plans demonstrate that a building of the type and approximate scale envisaged could be comfortably accommodated upon the site.
7.9 In respect of its relationship with surrounding development, a new building in the location shown would be at a lower level than the residential development to the north of Mines Road, and it would be set away from the highway behind the unmanaged strip of land. It would also be set back from the industrial estate road to allow space on the frontage for parking and turning. A landscaped buffer zone is shown between the building and the boundary of the site; and proposed new tree planting on the eastern boundary would separate it from the residential development site to the east. Features such as these have the potential to soften the appearance of a new building in this area of mixed housing and industrial development. Indeed a well-landscaped permanent building might look neater than the collection of vehicles, trailers and equipment presently on the site.
7.10 In general terms, therefore, a development of the type proposed could be compatible with the existing character and appearance of the area and comply with General Policy 2 (b) & (c) of the Strategic Plan.
Living Conditions 7.11 As discussed above, it is intended that a new tree belt would screen the proposed industrial building from the housing site to the east. Any future residential proposal here would be able to take account of its presence. In respect of existing residential development, the new building would be seen from the detached houses to the north of Mines Road. However, even the closest house, "Clock Tower House", sits above the site and feels some distance away. "Clagh Mooar", from where an objection has been received, is still further from the road. Given that the outlook from these properties is already onto the industrial estate, the new building would have no significant impact provided it is well designed and landscaped. It would not be either visually intrusive nor overbearing.
7.12 There is no suggestion at this stage that the proposed storage and distribution use, employing approximately five people, would be unduly noisy or generate significant additional vehicle movements compared to either the existing use on the site or the wider industial estate.
==== PAGE 10 ====
25/90521/A Page 10 of 11
7.13 Consequently, in compliance with General Policy 2(g) of the Strategic Plan, the proposed development is unlikely to harm the living conditions of nearby residential occupiers.
Highway Safety 7.14 Whilst the company has no objection to the principle of the proposal, Magic Carpets, which has a unit further along the estate road, has raised concerns about whether HGVs could manoeuvre safely without amendments to the site layout and to the junction with Mines Road. Matters of siting, layout and means of access are reserved for determination later and so it is not possible to make any detailed assessment at this stage.
7.15 However, Highways Services has raised no objections and has instead requested that various details are provided at the reserved matters stage. Given that the Mines Road junction already provides access for large vehicles and that the site has a long and deep frontage, it seems likely that safe access could be achieved. It will be for the applicant to demonstrate this with suitable evidence and amendments to the indicative site layout if necessary.
7.16 Similarly, the applicant will need to demonstrate that parking space can be provided in accordance with the standards set out in Appendix 7 of the Strategic Plan. For storage and distribution uses, these require one space per 100sqm net of floorspace. Therefore, if 10 spaces were to be provided as stated on the application form, parking would be sufficient.
7.17 On balance, there is a reasonable prospect of the proposal satisfying paragraph 9.2.7, General Policy 2 (h) & (i) and Transport Policy 7 of the Strategic Plan concerning highway safety and parking provision.
Other Issues 7.18 Taking account of the information submitted by the applicant and representors, the planning history of the site and the policies which apply to it, any future reserved matters application would need to include detailed information in relation to the following:
o Flood risk, including the submission of a Flood Risk Assessment and any necessary mitigation measures; o Contamination and drainage, including details of any existing agreements, how local watercourses would be protected from pollution and noting that there should be no discharge onto the highway; and o Ecology, noting the requirement for no net loss of biodiversity.
7.19 At present there is nothing specific to suggest that satisfactory arrangements could not be made.
8.0 CONCLUSION
8.1 The proposal for a permanent industrial building for storage and distribution use is contrary to the zoning of the land in the Development Plan for predominantly residential purposes. However, the housing potential of the application site itself amounts to only four dwellings and so the loss would be modest. There is an identified need for employment land as well as housing land across the Island and, despite previous grants of planning permission, housing has not come forward on the site over many years. In this context, the economic benefits of the proposed development, in an existing industrial area, outweigh the potential loss of four dwellings.
8.2 The application is made in principle only with all matters reserved for determination at a later date. At this stage, with the conditions set out above, it seems likely that the proposed development could be accommodated on the site without detriment to the setting of the nearby Registered Building, the character and appearance of the area, the living conditions of existing or future residential occupiers or highway safety. There is also a reasonable prospect
==== PAGE 11 ====
25/90521/A Page 11 of 11
that issues of contamination and drainage, flood risk and ecology could be addressed. Any future Reserved Matters applications should be assessed against the policies of the Development Plan and it might be necessary to attach conditions relevant to the detailed proposals, concerning boundary treatments, the potential revocation of Permitted Development Rights for the erection of walls, gates and fences and to control external lighting for example.
8.3 For these reasons, the proposed development is acceptable in principle and is therefore recommended for approval.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
__
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 Date: 27.10.2025
Signed : Mrs Louise Philips Presenting Officer
Customer note
This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.
Copyright in submitted documents remains with their authors. Request removal