Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91226/B Applicant: Isle Of Man Creamery Ltd Proposal: Installation of eight condensers Site Address: Central Creamery Ballafletcher Farm Road Braddan Douglas Isle Of Man IM4 4QE Planning Officer: Vanessa Porter Photo Taken: 16.12.2024 Site Visit: 16.12.2024 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.12.2024 _________________________________________________________________

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.

This application has been recommended for approval for the following reason. The proposal is deemed to comply with General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 20th October 2024;

• o Drawing No. 24-125-03
• o Drawing No. 24-125-04
• o Drawing No. 24-125-01
• o Drawing No. 24-125-02 Rev A
• o Ground Floor Layout
• o First Floor Layout
• o Planning Statement
• o Condenser Specifications
• o Existing Photos _________________________________________________________________

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection

Braddan Commissioners - No objection

_________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is situated within the Isle of Man Central Creamery which is located within the Ballafletcher Road Industrial area to the north of Ballafletcher Road. The site includes the facilities in association with the Isle of Man Creamery which includes Agriculture House. - 1.2 The specific part of the site in question is the flat roof situated on the main building. PLANNING HISTORY

2.1 There have been several previous applications situated upon the site as a whole, whilst this is the case, they are not relevant to the assessment of this application. THE PROPOSAL - 3.1 The current planning application seeks approval for the removal of the existing condenser and erection of 8 condenser units which are to measure 1.244m by 0.950m with a width of 0.388m. The 8 condensers are to be situated upon a flat roof on the main creamery building.

3.2 Also included in the proposal is the erection of a 1.1m high fencing to the flat roof section where the condensers are to be situated. PLANNING POLICY - 4.1 The site lies within an area zoned as "Industrial" on the Area Plan for the East, Map 8 - Union Mills, Strang. The site is within a Flood Risk Zone but not a Conservation Area.

4.2 In terms of the Isle of Man Strategic Plan (2016), the following Strategic Policies are the most relevant;

• - Strategic Policy 1 which seeks that development make the best use of resources
• - General Policy 2 which sets out general 'Development Control' considerations which are arguably relevant even where a proposal is not in accordance with the land-use designation
• - Environment Policy 22 which seeks to protect the environment and quality of life of neighbouring properties.

REPRESENTATIONS 5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state they have no highways interest. (01.11.24)

5.3 Braddan Commissioners have considered the proposal and state no objections. (01.11.24) ASSESSMENT - 6.1 The main aspect to assess with such a proposal is the impact upon the amenities of the surrounding site in terms of noise and the impact to the character and appearance of the site in the surrounding streetscene.

6.2 When looking at the site as a whole, it is very industrial in not only it's appearance but also its nature, as such there is a general ambient noise value from the machinery, existing condenser and the movements of vehicles.

As such from a noise point of view, the proposal is unlikely to add additional ambient noise above and beyond what is currently in place, as such the proposal will comply with Environment Policy 22.

6.3 With regards to the character and appearance of the site and the impact the proposal will have on the surrounding streetscene, it is noted that the flat roof is within a very public vantage point, being seen from the Ballafletcher Road and also due to the flat roof being above the reception for the site. Whilst this is the case, when viewing the site from both angles it is as stated industrial in it's appearance, as such whilst the new fencing and condensers will be noticeable, they will not alter the character and appearance of the site above and beyond what is currently in place.

6.4 It is noted that parts of the site are situated within a Flood Risk Zone and as such Environment Policy 10 should be applicable, whilst this is the case, the proposal is situated to second floor level and is not altering anything at ground floor level which would impact the Flood Risk of the site overall. CONCLUSION - 7.1 It is considered that the proposal would not have any significant adverse impacts upon public or private amenities and therefore complies with General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2016. RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 8.1 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).

8.2 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.

8.3 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. - 8.4 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 can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Permitted Date: 17.12.2024 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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