28 July 2010 · Deputy Minister for Infrastructure Hon. W. E. Teare MHK (following Inspector's report)
Recycling Compound, Kewaigue, Braddan, Douglas, Isle Of Man, IM4 1jl
The site is partly used for stone recycling and partly agricultural, east of the Animal Waste Plant and southeast of the Energy from Waste Plant. The proposal relocates the 0.57ha recycling compound southwards and builds two blocks of 20 similar industrial starter units (total 2,900 sqm floor area, ridge height 6.1m, p…
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The Deputy Minister concurred with the Inspector that main issues were (1) whether need for industrial land justified development despite policy conflict, and (2) environmental impact.
General Policy 3
Presumption against development outside zoned areas except overriding national need/no alternative. Site in open space (agriculture) per 1991 Local Plan; Inspector/Deputy found industrial need (supply shortfall) justifies exception despite conflict, as prior adjacent approval (06/00558/B) overrode similar issue.
Environment Policy 1
Protects countryside for own sake unless overriding need/no alternative. Inspector found limited impact on openness/character (context EFWP), mitigable; need outweighs protection.
Environment Policy 24 - Pollution sensitive development
Requires EIA for significant environmental effect (per Appendix 5, scale triggers). Not provided but Inspector deemed landscape analysis + site use suffices; not reason to refuse.
Business Policy 1
Encourages employment growth per plan policies. Proposal supports via starter units addressing demonstrated need.
Business Policy 2
Designates industrial land subject to factors. No current zoning but need justifies release.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this decision.
Approved drawings
This planning approval relates to drawing Nos. A.CN-350, APL\500, APL\501, APL\502, APL\503, APL\504, APL\505 all date-stamped 8 February 2010 and drawing TAG3 attached to the Landscape and Visual Impact Statement by the Appleton Group dated August 2010.
Car parking
The car-parking provision shown on the proposals shall be laid out, surfaced and marked out before any unit hereby approved is first occupied, and shall be retained for that purpose and not used for any other purpose.
Stone recycling height
The height of material in the stone recycling compound shall at no time exceed 5 m above the floor level of the lowest of the proposed industrial units as shown on drawing A/CN-350.
Landscaping scheme
No development shall take place until details of landscaping of the site have been submitted to and approved in writing by the Planning Authority. The details shall include means of enclosure and planting around the proposed development and screen planting on the ridge to the south-east of the site and in a field to the south-west as shown in drawing TAG3 attached to the Landscape and Visual Impact Statement by the Appleton Group dated August 2010. Such details shall include size, species and spacing of planting. The landscape works shall be provided in accordance with the agreed details before any part of the development is occupied or within any longer period that may have been agreed in writing with the Planning Authority. All planting shall be maintained for a period of five years from the date of planting; any planting which dies or is severely damaged or become seriously diseased or is removed within the period shall be replaced by planting of similar size and species to that originally provided.
no objection
no objection
supportive due to shortage of small industrial units, demand in Douglas area, supports small businesses/economic growth
strong ongoing demand for 1500-2000 sq ft starter units from trades/financial/private uses; all prior units leased/sold quickly
Precedent Value
Demonstrates tension between demonstrated employment need (DTI evidence) and specific draft zoning for waste uses; appellants should secure DTI support and show exhausted alternatives, but councils emphasise zoning specificity even for discontinued plans where prior approvals establish intent.
