Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91210/C Applicant: Clawson Properties Ltd Proposal: Change of use to scaffold, construction materials and plant storage yard Site Address: Unit 7C Portway Balthane Ballasalla Isle Of Man IM9 2AG Planning Officer: Lucy Kinrade Recommended Decision: Permitted Date of Recommendation: 27.11.2024 _________________________________________________________________

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. This approval relates only to the use of the site edged red on Proposed Site Plan for the storage of scaffold, construction materials and plant. Reason: The application has been assessed on this basis as requested in the application form.

This application has been recommended for approval for the following reason.

The proposed change of use is considered acceptable meeting with Strategic Policies 1, 2, 5 and 7, and Business Policies 1 and 5. The proposed use is not considered to adversely affect the general visual or amenity of the area or highway safety and thus meeting with General Policy 2 (b, c, g, h and i) of the Strategic Plan and to align with 6.8.2 of the Area Plan for the South 2013.

Plans/Drawings/Information; This approval relates to the following documents and drawings all date received 22/10/2024:

• o Location Plan
• o Proposed Site Plan
• o Drawing List
• o Photos
• o Planning Statement
• o Proposed Floor Plan

• o Existing Site Plan
• o Existing Floor Plan _________________________________________________________________

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal:

• o Local Authority no objection
• o Department of Infrastructure - Highway Services no objection
• o Department of Infrastructure - Flood Risk Management no objection _________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application relates to an existing unit and associated storage yard at Unit 7C Portway Balthane Industrial Estate.

2.0 THE PROPOSAL - 2.1 Proposed is the change of use of the site to a scaffold, construction materials and plant storage yard. - 2.2 There are no physical alterations to the external appearance of the building.

3.0 PLANNING HISTORY - 4.1 The site has been subject to a number of historic applications relating to its development as part of the wider industrial estate although none is materially specific in this case. There have been a number of other change of use applications in the wider estate:

• o 24/00312/C - Additional use as health centre (Class 4.1)
• o 23/01342/C - Change of use from as storage unit to a personal training studio
• o 22/00231/C - Additional use of site for the storage of classic cars and for car hire
• o 21/01285/C - Change of use of existing warehouse into a leisure facility
• o 18/00799/B - conversion of unit to dog day care facility
• o 16/01177/B - conversion of unit to motorcycle repairs and sales
• o 15/00665/C - use of premises as plumber's merchants and bathroom sales
• o 11/00870/C - use of premises for the repair and sale of motorcycles PLANNING POLICY

4.1 The site is designated as 'industry' on the Area Plan for the South Map 4, Ballasalla. The site is not within a Conservation Area but there is some low risk of surface water in part of the external yard area. - 4.2 In terms of Area Plan policy, Area Plan for the South Written Statement includes a development brief and one policy for the Balthane area stating:

• o Paragraph 6.8.2: "The Balthane Industrial Estate is located just south of Ballasalla village. The Estate is used by a mix of businesses but incremental development, poor maintenance of buildings, roads and footways, has over the years, resulted in the Estate appearing neglected and unattractive in many parts giving a poor impression to the public, customers and businesses alike. It is recognised that the Estate is home to some uses which are essential to support the Island and also that there is scope for the general appearance and access to the Estate to be improved. There is considerable land available at Balthane which was first identified on the 1982 Development Order. It has been deemed appropriate to carry forward this designation into the Area Plan but there is a need to secure improvement works
• on the estate."

• o Employment Recommendation 1: "It is recommended that the Department of Infrastructure, the Department of Economic Development and Malew Parish Commissioners work collaboratively to produce a strategy for improvements at Balthane Industrial Estate. This will include general environmental improvements, and also improvements in respect of access, lighting and infrastructure in an effort to ensure that the Estate is an attractive place for both users and customers."

4.4 In terms of Strategic Plan policy it is appropriate to consider the following:

• Strategic Policies 1, 2, and 5 - seeking to direct development to existing centres and to suitably designated land and having positive impact on environment o Strategic Policy 7 - industrial land to be protected for industrial uses o General Policy 2 - general development standards o Business Policies 1 and 5 - Creation of employment opportunities, limitations on retail and only storage and distribution on industrial sites o Paragraphs under Section 9.2 - Industry and Storage and Distribution o Appendix 7 A 7.3 - parking and manoeuvring for industry to be inside the site

4.5 No PPS or NPD relevant - 4.6 No other material considerations in this case

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Malew Commissioners - no objections (0/11/2024). - 5.2 Department of Infrastructure Highway Services - Do not oppose (01/11/2024). no significant negative impact upon highway safety, network functionality and/or parking as the accesses, internal layouts and parking provision appear acceptable for the Applicant's operation. - 5.3 Department of Infrastructure Flood Risk Management - no comments to make (27/11/2024) - 5.4 The following were consulted but no response received as of 27/11/2024:

• o Manx utilities
• o Regulation directorate

- 6.0 ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are;

• i. Principle
• ii. Visual and amenity affect the character and appearance of the area
• iii. Highway Safety
• iv. Surface water

6.2 Storage of plant, scaffold and construction materials at this site and the operating activities associated with that use would not be out of keeping in this industrial estate and acceptable in principle. The wider estate is already home to a number of industrial operations, builder's compounds and recycling centres and its overall character is typical of such an industrial estate. This proposal would not look out of place visually and is not expected to result in any new, increased or adverse amenity impacts on its neighbours, also minded that there is to be an expected level of industrial uses in this designated area. The site is provided with parking to the front of the unit as well as having available space in the rear yard to provide additional parking and manoeuvring space off the road to best limit any harm to the local highway safety. There is some low surface water risk within parts of the external yard

area where scaffold materials are to be stored. The business owner will likely ensure their own operations are not adversely effected or at detriment from any surface water by having items stored off the ground in that area, but minded of the nature of use the proposal is not expected to result in any significant adverse harm nor to increased surface water risk to the site or surrounding users.

- 7.0 CONCLUSION

7.1 The proposed change of use is considered acceptable meeting with Strategic Policies 1,

2, 5 and 7, and Business Policies 1 and 5. The proposed use is not considered to adversely affect the general visual or amenity of the area or highway safety and thus meeting with General Policy 2 (b, c, g, h and i) of the Strategic Plan and to align with 6.8.2 of the Area Plan for the South 2013.

- 8.0 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 the Acting Head of Development Management 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: 28.11.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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