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25/90222/C
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90222/C Applicant : Ms Wendy Cull Proposal : Change of use from industrial to a residential garden Site Address : Land To The Rear Of 68 Patrick Street Peel Isle Of Man IM5 1BS
Planning Officer: Russell Williams Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 24.06.2025 __
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 2025 (or any Order revoking and/or re-enacting that Order with or without modification), no sheds, summerhouses or other buildings or other structures, including raised platforms, shall be erected or constructed over the site without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls, or other means of enclosure shall be erected or placed within the site without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
This application has been recommended for approval for the following reason. The proposed change of use is considered to be acceptable and the impact of the proposed use, over a very small section of the land, will not adversely impact upon visual amenity. The relationship between land uses is acceptable and whilst it is acknowledged that the proposal will result in the loss of land zoned for industrial use, there is no likelihood of the land being used for such a purpose. The development will enhance amenity space and enjoyment of the
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property for the occupants/owners and on balance, the proposal is considered to be acceptable. The development accords with General Policy 2, Environment Policies 24 and 42 of the Strategic Plan.
Plans/Drawings/Information;
This approval relates to the following drawings and documents received 28 February and 3 March 2025:
Location Plan Site Plan
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Right to Appeal
No Right to Appeal to assess
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Officer’s Report
THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN AND RECOMMENDED FOR APPROVAL
1.0 THE SITE 1.1 The application site comprises an area of land located to the rear (west) of no. 68 Patrick Road in Peel.
1.2 The land has a steep topography, descending towards the established industrial development to the west.
1.3 The land is general overgrown with gorse and other established plants. It is fenced off from neighbouring residential and industrial units.
2.0 THE PROPOSAL 2.1 The application seeks the change of use of the application site from industrial to residential.
2.2 The applicant has stated that upon the completion of their purchase of the land subject of the application, they will use the land for private domestic purposes and will apply separately for planning permission to construct a platform/deck to the rear of their property.
2.3 It has been suggested that other residents living along Patrick Road and with a shared boundary with the wider land have been offered the opportunity to purchase plots.
3.0 PLANNING POLICY 3.1 The application site is identified as being zoned for Predominantly Industrial Use on the 1982 Local Plan and the Peel Local Plan 1989. The site is not within, but adjoins the Peel a Conservation Area. The site is in flood zone 1 and falls outside an Area of High Landscape Value.
3.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
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General Policy 2 General Development Considerations
Environment Policy 4 Ecology 24 Pollution sensitive development 36 Development adjacent to Conservation Areas 42 Existing settlements
Business Policy 5 Land zoned for industrial use
3.3 The emerging Area Plan for the North and West is applicable but currently carries very limited weight until it is subject to adoption later in 2025. Within the emerging Plan, the site is on land zoned as "Open Space (or for a particular purpose)".
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 None
5.0 PLANNING HISTORY 5.1 There is no history of material planning relevance.
6.0 REPRESENTATIONS 6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:
Peel Commissioners - No comments received.
DOI Highway Services - No comments received.
6.2 No representations have been received.
7.0 ASSESSMENT 7.1 The key considerations in the determination of the application are:
o Principle of the change of use o Residential Amenity o Impact upon visual amenity
PRINCIPLE OF DEVELOPMENT 7.2 The land subject of the application is a narrow, steeply sloping slither of land positioned between terraces of dwellings to the western side of Patrick Road and the industrial site at The Fish Yard, off Mill Road to the west.
7.3 The wider land parcel is zoned in the Peel Local Plan as being for "Predominantly Industrial Use", and the land has been included within the red line are of historical planning application relating to the wider industrial estate.
7.4 Business Policy 5 of the Strategic Plan states that "On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution;". The proposal, which would change the use of the land to residential curtilage and additional garden space for the applicant and their family, therefore conflicts with Business Policy 5.
7.5 Whilst the proposal conflicts with Business Policy 5, consideration needs to be given to the likelihood of the land being utilised for formal industrial activities. To this end, the land sits outside of the formal industrial estate and is separated by security fencing. The land is
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somewhat overgrown in places and its topography makes it totally unsuitable for an active industrial use. The likelihood of the land being used for industrial purposes, as per its zoning, is therefore highly unlikely and this is reflected in the emerging Area Plan which proposes to re- zone the land as open space or for a particular purpose.
7.6 The draft APNE Written Statement does not provide any detailed policy relating to the protection of Open Space and the relevant policy within the Strategic Plan is Environment Policy 42 which seeks to protect open space in the interests of visual amenity.
7.7 The land itself is not accessible to the public and serves purely as a visual break between the industrial estate and dwellings along Patrick Road. It is effectively space left over after planning that has remained in the ownership of DEFA. As such, and subject to an assessment of material considerations, the proposed use would be suitable one, relating well to the adjoining residential properties. That said, the principle of development does conflict with Business Policy 5 of the Strategic Plan which weighs against the proposed change of use.
RESIDENTIAL AMENITY 7.8 DEFA is now seeking to sell off individual plots of land to allow residents to benefit from enhanced garden spaces. The existing dwellings on Patrick Road, such as no. 68, have very small rear courtyards with virtually no useable outdoor space.
7.9 The provision of an extended garden for the property will bring about benefits to the well-being and available amenity space for the occupant of the application site, who currently have very little private outdoor space.
7.10 The land, although steeply sloping, does level off to the western end and can be accessed via some steps in the ground. The benefits of extended outdoor amenity space to the occupants/owners of no. 68 are evident and weigh in favour of the proposals.
7.11 Consideration must also be given to the relationship between use of the land as a garden space and the use of the adjoining industrial estate. Environment Policy 24 states that "Pollution-sensitive development will only be allowed to be located close to sources of pollution where appropriate measures can be taken to safeguard amenity."
7.12 General Policy 2(k) states that development will be permitted where it "does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan."
7.13 The use of the land, in close proximity to the adjacent industrial estate would ordinarily raise concern over residential amenity, particularly in regard to noise, and odour. However, having visited the property, it is evident that the existing courtyard to the rear already experiences disturbance/nuisance to its general enjoyment and amenity from noise and, to an extent, odour from the use of nearby industrial buildings.
7.14 Having visited the site it is apparent to Officers that while the land subject of the application is closer to the buildings and yard areas impacting upon the amenity of neighbouring houses, this issue will not be exacerbated by the use of the site as an extended garden area. Indeed, the applicant is only too familiar with the relationship with the neighbouring industrial site and is content with the impacts.
7.15 Whilst there will be impacts upon the enjoyment of the proposed garden area, the proposal will not exacerbate any pre-existing issues associated with noise and odour. As a result and on balance, the relationship between the application site, the proposed use and adjoining industrial estate is considered to be acceptable in amenity terms.
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IMPACT UPON VISUAL AMENITY 7.16 The application site is a small section of a larger area of land that is undeveloped and sits between residential properties to the east and a large industrial estate to the west. The land is generally covered with grass, bramble and is generally un-kept, being on a sloping hillside and outside the fenced industrial estate.
7.17 Environment Policy 42 states, in alia, that "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." General Policy 2 also provides protection for visual amenity.
7.18 From the west the land can be seen from raised ground along Peel Hill/Corrins Hill at a distance of over 0.5km and there are a small number of glimpses of the higher ground within the application site and wider land parcel from Mill Road and inside the industrial estate.
7.19 When seen locally, views are framed by the industrial estate which comprises a high number of buildings and yard areas with open storage, vehicles etc. It is also seen in the context of the residential properties along Patrick Road, including the application site, no. 68. The site therefore relates will to the contiguous built-up area of this part of Peel town.
7.20 The site itself and the wider area of open land, currently zoned as Predominantly Industrial in its use, makes little valuable contribution to visual amenity and the sense of place in the surrounding townscape. The change of use of a very small section of the wider parcel of land will not adversely affect the open nature of the site and its contribution.
7.21 There may be concerns over the land becoming overly domesticated, which is to be understood as this would make a noticeable change to the appearance of the land, however, this can be controlled by removing Permitted Development Rights for outbuildings and the like such that any new structure would require the benefit of planning permission. Conditions in this regard and for any new fencing are recommended.
8.0 CONCLUSION 8.1 Having regard to the above matters, the proposed change of use is considered to be acceptable and the impact of the proposed use, over a very small section of the land, will not adversely impact upon visual amenity. The relationship between land uses is acceptable and whilst it is acknowledged that the proposal will result in the loss of land zoned for industrial use, there is no likelihood of the land being used for such a purpose. The development will enhance amenity space and enjoyment of the property for the occupants/owners and on balance, the proposal is considered to be acceptable. The development accords with General Policy 2, Environment Policies 24 and 42 of the Strategic Plan. It is therefore recommended that planning permission be approved.
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.
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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.
9.5 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 the Right to Appeal.
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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: 30.06.2025
Signed : Presenting Officer
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