CHIEF SECRETARY'S OFFICE

Oik yn Ard-Scrudeyr

PLANNING APPEALS OFFICE Government Office DOUGLAS Isle of Man IMI 3PN Direct Line: (01624) 685280 Fax Number: (01624) 685710 E-mail: [email protected] CHIEF SECRETARY M Williams, CPFA

Our Reference : L16NEW/DF10/0016 Planning Secretary DOI Planning & Building Control Division Murray House Mount Havelock Douglas Dear Sir/Madam,

TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) ORDER 2005

| Application: | DF10/0016 10/00587/B | | :-- | :-- | | Applicant: | Nasaleze Limited | | Proposal: | Erection of a factory unit with associated car park, Proposed | | | Industrial Unit - Plot 1 Jurby Industrial Estate Jurby Isle Of Man |

In accordance with paragraph 10 of the above Order, the person appointed by the Government in Council to consider the application has submitted his report.

After consideration the Council of Ministers has accepted the recommendations contained within that report and the application is approved subject to the conditions and notes appended to the planning authority's statement dated 16 June 2010. (Copy attached)

In accordance with paragraphs 10.3(a) and (b), a copy of the appointed person's report is enclosed.

Yours faithfully,

A Johnstone Planning Appeals Administrator Encl.

Report on Planning Application

Written Representations Case - Site inspection on 12 July 2010. Application by Nasaleze Limited for planning approval for the erection of a factory unit with associated car park at The Paddock, Jurby Industrial Estate, Jurby.

Introduction

1. This report provides brief descriptions of the application site and of the development for which approval is sought. Information supplied by the applicant and in a written statement by the planning authority is summarised, fuller details being available for reference in the case file. My assessment, conclusions and recommendation then follow.

Site and Surroundings

2. The appeal site is a mostly grassed, level parcel of land located in the northern part of the Jurby industrial estate, north of Jurby airfield. To the west there is a building divided into a number of small light industrial units. To the south the site borders a road which appears to have been constructed fairly recently; it provides access into the industrial estate from the A10 road to the west. Across the access road to the south is a go-kart track and a transport museum.
3. The plan labelled "location plan" (Drawing No 10-J010-01 Rev 0) submitted as part of the application is confusingly incorrect. The road labelled "Existing access road to site entrance" on that plan does not continue northwards past the site to form a cul-desac just west of the premises occupied by Jurby Junk as depicted on the submitted plan - this road is only partly constructed and it does not provide a way through to the land west of the Jurby Junk premises. Also, contrary to the submitted plan, there are not as many as six "starter units" on the land west of the application site. The actual layout of road and buildings in the area is approximately as shown on the 1:5000 scale plan supplied by the Department of Infrastructure. { }^{2}

Proposed Development

4. The proposal would involve erecting a building which would have portal frames above blockwork walls. Most of the roof and the upper part of the walls (apart from windows) would be covered with "Plastisol" coated steel sheeting. The external dimensions of the building would be about 18.5 by 16.5 metres (plus an attached entrance porch) with a height of about 7.6 metres. [^0] [^0]: { }^{1} I have quoted this reference as it is on the case file, although the label "Appeal No" is incorrect as this is not an appeal case. { }^{2} It is possible that the applicant's plan shows future proposals, but it is not labelled as such.

5. The interior ground floor would be laid out to provide a warehouse area, packing room, filling room, workshop and various staff facilities. At mezzanine level there would be offices and other rooms including a laboratory and mixing room.

6. Externally, the site would be laid out with a hardstanding area for goods vehicle loading and turning, and car parking spaces for about 19 cars. There would be a gated entrance from a new access road. The site would be bordered by fencing 1.8 metre high.

Planning Statement

7. The main points of the planning statement on behalf of the Department of Infrastructure are summarised as follows:

• The site is in an area zoned as "airfield" in the 1982 Development Plan Order, and within an area of High Landscape or Coastal Value and Scenic Significance. In the Strategic Plan Jurby is identified as a service village and major employment area and regeneration area.
• The design of the proposed development would be similar to other buildings in the industrial estate and would be in keeping with the area. The mass of the building would be suitably broken up by windows.
• The high landscape value of the site has been lost since such designation. Other developments including a karting track and prison have been permitted nearby in the designated area of landscape value.
• The parking provision would comply with adopted standards and there is no objection from the highway authority.
• The proposal would accord with the industrial nature of the area. Approval is recommended.

Assessment and Conclusions

8. The main issue affecting the decision on this application is whether the proposed development would comply with relevant planning policies and whether it would have any undesirable impact on the appearance or general amenity of the area.
9. The designation of the area including this site as having high landscape value and scenic significance seems either to have been a mistake or to have become out of date. It is difficult to see how this parcel of land, which is in an undistinguished landscape setting, is in effect surrounded by industrial premises and is close to development such as a go-kart track, can sensibly be regarded as justifying its landscape policy designation. As a matter of common sense, I judge that this aspect of policy should be given little weight.
10. More up to date and realistic policy is contained in the adopted Strategic Plan, in which Jurby is designated as a "major employment area". One of the aims of the plan is evidently to promote regeneration at Jurby. A previous proposal for an industrial unit on the site was approved (evidently in about 2005). Other industrial development has been permitted and at least partly built close by.
11. The building would have an essentially utilitarian design but in this setting there is no reason to object to the appearance of the proposal. The loss of an area of open space

would in some ways be regrettable but this is not such a compelling objection as to justify refusal. Other aspects such as access and car parking provision would be satisfactory. 12. I conclude that the proposal would be acceptable from a policy viewpoint and would not have any undesirable impact on the amenity or appearance of the area.

Recommendation

13. I recommend that the application be approved, subject to the conditions and notes appended to the planning authority's statement dated 16 June 2010.

Graham Self MA MSc FRTPI

Inspector 19 July 2010

Department of Infrastructure

Bun-troggalys \sim plannal as gurnell troggal

Planning and Building Control Division<br>Murray House<br>Mount Havelock<br>Douglas<br>Isle of Man<br>IM1 2SF<br>Tel: (01624) 685950<br>Fax: (01624) 686443<br>Email: [email protected]<br>Director of Planning & Building Control<br>M.I. McCauley, M.R.T.P.I.

16 / 06 / 10

Planning statement on behalf of the Department of Infrastructure in respect of planning for the erection of a factory unit with associated car park 10/00587/B - Proposed Industrial Unit - Plot 1, Jurby Industrial Estate, Jurby, Isle Of Man

1. INTRODUCTION 1.1 The aim of this statement is to provide background information to the planning application and to set out the views of the Planning Division in respect of the proposed development.
2. THE APPLICATION SITE 2.1 The site is a piece of grassed area within the northern corner of Jurby Airfield. To the north of the application site is a 5-15 \mathrm{~m} wide landscaping strip. To the south is an access road linking to A10 located to the west and the industrial estate located to the east of the application site. Commercial premises are set to the north and east of the application site and industrial starter units are located to the west.
3. PLANNING POLICY

In terms of the current Development Plan, the application site is within an area zoned as 'Airfield', under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, but is within an area zoned as High Landscape or Coastal Value and Scenic Significance. 3.1 In the Isle of Man Strategic Plan (approved by Tynwald in July 2007) Jurby is identified as a Service Village (Spatial Policy 3) and a Major Employment Area and Regeneration Area (see key Diagram Page 27). The significance of these designations will be explained in more detail in Section 7 - Assessment. 4. PLANNING HISTORY 4.1 The following planning applications are considered relevant to the assessment and determination of this application:-

Creation of twelve light industrial units with associated car parking, landscaping and drainage - 06/01265/B - The Paddock, Jurby Industrial Estate, Jurby APPROVED

Erection of factory unit with associated services, car parking, landscaping, fencing and construction of an access road - 05/00243/B - Proposed Industrial Unit - Plot 1, Jurby Industrial Estate, Jurby - APPROVED

Approval in principle for construction of factory complex, Jurby Industrial Estate, Jurby - 89/01937/A - APPROVED

5. PROPOSAL

5.1 The application proposes the erection of a factory unit with associated car park.

5.2 The proposed unit would have a width of 18.5 metres, a depth of 16.2 metres and a maximum height of 7.7 metres.

6. REPRESENTATIONS

6.1 Department of Infrastructure Highways Division have no objection.

6.2 The Water and Sewerage Authority makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.

6.3 The Manx Electricity Authority makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.

6.4 The Planning Authority has received no privately written representations objecting to the application.

7. ASSESSMENT

7.1 The material planning matters which need to be considered regarding this application are:-

1. Principle of Development;
2. Design of development & impact upon the visual amenities of the area; and
3. Parking Standards;

Principle of Development

7.2 At this point it is appropriate to give a brief background to the planning policy context of the settlement of Jurby; the Development Plan; and the planning status the Division, as Planning Authority, considers Jurby to have. The application site is within an area zoned as Airfield in the Isle of Man Development Plan Order 1982. The main airfield and hangars lay to the south of the Jurby Road (A14). To the northeast of the site was the camp associated with the airfield. The application site falls to the northwest of the airfield and hangars.

7.3 To the east of the camp is Jurby Primary School and a housing estate, the Threshold, and to the north a further estate, the Bretney. The land between these two estates and extending up to the B3 Road is zoned as proposed residential. Thus in the extant 1982 Development Plan the application site lies within the overall settlement of Jurby with adjacent housing, employment and community facilities.

7.3 In terms of planning policy the next relevant document is the Island Strategic Plan North Western Sector Written Statement - Planning Circular 11/91. This

plan had a lifetime of 5 years and has now expired. However, this gives a basis for the proposal for additional development within Jurby and lays out policies which refer to such development. Policy NW/RES/P6 of the Circular stated:-

"Jurby has previously been suggested as a growth area with development including substantial new housing, a high tech science/business park and leisure facilities. Any such development will clearly require study in depth into such matters as services infrastructure, landscaping, education, health and community facilities in addition to retail and employment opportunities. The policy should therefore only be promoted after consideration of the foregoing factors."

Whilst this plan no longer has any formal policy status, it shows that the Department for many years has an ongoing plan for Jurby to be regenerated.

7.4

Following the North Western Sector Written Statement a study was undertaken in 1996 by the Planning Department as part of the process to establish a Local Plan for the area. The plan was never adopted. In 2002 the Council of Ministers instructed the Department of Local Government and the Environment to progress a study of Jurby with a view to putting in place a new firm plan for the regeneration of the area. The plan was published in 2003 following consultation with many interest parties including the local community. This report indicated the Department's desire to build new homes, major infrastructure improvements (improvements to highway through Jurby Industrial estate have recent been completed) and building improvements, all to improve the appearance for existing and new business.

7.5

Since 2003 the Isle of Man Strategic Plan has been adopted by the Department and subsequently approved by Tynwald July 2007. The settlement of Jurby is classed as a 'Service Village' within Spatial Policy 3 of the Strategic Plan. The policy states that:-

"Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing."

7.6

It is also significant to consider that the settlement of Jurby is also highlighted as a 'Major Employment Area' for the Island on the key Diagram and therefore in accordance with the Strategic Aim further employment development as proposed would be in accordance with the aim which states:-

"To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage."

7.7

Whilst it is accepted that the site is not currently zoned for industrial use, it is considered that, given its close proximity to existing residential properties, shops, school, the Jurby Industrial Estate and public transport links, it is located within a sustainable location.

7.8

It should also be noted that the airfield is no longer used as an airfield. The runway is now used in connection with motor sporting activities whilst the hangers and associated buildings now form the Jurby Industrial Estate, again

which is zoned as an 'airfield'. The estate has recently benefited from road infrastructure improvements to enable better access within the site but also act as a bypass for larger vehicles, which enables them to travel to and from the Industrial Estate without having to travel past the school and residential areas. 7.9 In addition, the Spatial Vision section of the approved Strategic Plan noted (in paragraph 5.10 the key elements of the Island in respect of Spatial Strategy) to :-

"regeneration of Jurby in line with the Jurby Study"

7.10 The Planning Application Statement indicates that the proposal for a single industrial unit with a overall size of 600 sqm . Currently there are four start industrial units located to the west of the application site and a number of small and large industrial businesses to the east and south of the application site. 7.11 It is perhaps important to note that the site has benefited from recent planning approval (05 / 00243 / B) for a larger industrial unit on the site ( 1200 sqm ) and therefore the principle for an industrial use on the site has been established. Furthermore, a total of twelve (within 3 detached blocks) starter units have benefited from planning approval (06 / 01265 / B) of which four have been completed and are in use. 7.12 As previously indicated within this report the Division for a number of years has undertaken studies and plans for the future development of Jurby and proposals put forward to public consultation (notices sent to all households and displays at the Jurby Village Hall). 7.13 Most recently the Isle of Man Strategic Plan approved by Tynwald, highlights Jurby as being an area to maintain and where appropriate increase employment opportunities and housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing. 7.14 It is considered these past measures undertaken by the Department provides sufficient evidence that whilst the site is not zoned as 'Industrial Use' it has been established the application site and surrounding area is used for such a use. Therefore, given these reasons and previous approved applications for such uses on this site and adjacent sites, it is considered the principle is acceptable.

7.15 Design of development & impact upon the visual amenities of the area

7.16 The design of the proposed building is acceptable and fits in with the surrounding buildings, in that the ground level would be finishes with painted block work walls, whilst the 1^{\text {st }} floor finished with profiled steel sheeting. The height, proportion and design are also very similar to other industrial buildings within the estate and therefore in keeping. 7.17 The building would be well screened from the Coast Road given the substantial landscaping which is located to the eastern boundaries of the Coast Road and west of the application site. Furthermore the erection of the starter units to the west of the site further prevents substantial public views from the Coast Road. 7.18 The elevation facing towards the public highway will contain windows and openings. This will break up the mass of the building. It is not considered the proposal will cause demonstrable harm to the visual amenities of the street scene.

7.19 The site is within an area of High Landscape or Coastal Value and Scenic Significance, however, with previously developments and approved applications which have taken place, it is considered perhaps this particular site has lost its character and the quality of the landscape is perhaps not held with such quality as when the Development Plan Order was undertaken in 1982.

7.20 It is noted that the Council of Ministers for the application for twelve industrial starter units (06/01265/B) commented that:-

"This development has been permitted in an Area of High Landscape or Coastal Value and Scenic Significance, where the conservation and protection of the landscape is normally the primary considerations. However, the Council of Ministers consider that special circumstances apply in the Jurby Industrial Estate, both from the quality of the landscape and the needs of the locality for development of this sort which warrant an exception to this policy. In due course it is expected that the landscape designation affecting the locality will be reviewed. The Council Of Ministers do not consider that such exceptions would be warranted elsewhere on the Island as a result of this permission."

7.21 It is perhaps important to include in consideration, that development of a new karting track and associated facilities and the Jurby Prison have also been approved and built within the area of High Landscape and Scenic Significance, which are within close proximity to the application site.

7.22 Overall, given the previous approved development on this site and the substantial development permitted within close proximity and surrounding the application site, it is considered refusal of the application on the grounds of Environmental Policy 2 would be unsustainable, given the proposed site would be more of an infill development within the established Jurby Industrial Estate.

7.23 Parking Standards

With regard to parking, the proposal would include a total of 20 car parking spaces, one of which is a disabled parking space. The spaces would comply with the parking standards as set out in the Isle of Man Strategic Plan. Additionally, the proposal would provide a motorbike parking facility and a bicycle rack. The Highway Division have no objection to the proposal.

8. RECOMMENDATION

8.1 It is considered that the use of the site for the proposed manner accords with the general light industrial nature of the surrounding area. Accordingly, it is considered that the construction of the unit and the external space is acceptable and it is recommended that the application be approved.

9. CONDITIONS

10. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

11. This approval relates to the erection of a factory unit with associated car park as proposed in the submitted documents and drawings 10 J010 01 0, 10 J010 02 0, 10 J010 03 3 and 10 J010 04 0 all received on 19th April 2010.

12. The units shall only be used for light industrial purposes or for a purpose within Class 5 of the Schedule 4 of the Town and Country Planning (Permitted Development) Order 2005.

13. Prior to commencement of works, samples of the proposed facing and roofing materials to be used shall have been submitted to and approved in writing by the planning authority. Once approved the development shall be carried out only in full accordance with such details or any approved amendments.

14. No advertisement matter of any description shall be exhibited on these premises without the PRIOR written permission of the Planning Authority.

15. Prior to the occupation of the building the car parking and manoeuvring areas as indicated on the approved drawings are required to be provided and thereafter those areas shall be kept marked out and available for such use at all times.

16. The buildings hereby permitted shall not be occupied until cycle and motorcycle parking facilities have been provided in accordance with details which shall first have been submitted to and approved in writing by the planning authority and those facilities shall thereafter be kept available at times for their respective purposes.

17. No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Planning Authority and these works shall be carried out as approved. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of any of the proposed dwellings hereby permitted, so that the require parking spaces can be provided. All planting shall be carried out in accordance the approved details in the first planting and seeding seasons following that first occupation. Any trees or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the planning authority gives written consent to any variation.

The Planning Division would also suggest the following notes are attached to the approval notice for the benefit of the appellant.

1. The proposed Factory Unit must be connected to the public sewer(s) in a manner acceptable to the Isle of Man Water & Sewerage Authority, Drainage Division. All drainage works must conform to the requirements of the Department of Transport's "Manx Sewers for Adoption" and all necessary inspections/surveys (including CCTV) are to be carried out at the developer's expense.

In accordance with the Sewerage Act 1999, a communication fee will be payable to the Isle of Man Water & Sewerage Authority in respect of this property being connected (directly or indirectly) to the public drainage system.

Note: Under section 4(3) of the Sewerage Act 1999 the applicant must give 21 days notice, in writing, to the Drainage Division, prior to making any

communication to the public sewer. The applicant is therefore advised to contact the Development Control section of the Division to discuss this matter.

2. There must be No discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Isle of Man Water & Sewerage Authority, Drainage Division and the Sewerage Act 1999.

It is noted that the surface water from the property is to be discharged via a soakaway. The use of soakaways are subject to Building Control approval and if this approval is not granted, the Drainage Division would not give permission for the discharge of surface water into the existing foul system and an alternative means of disposal would have to be sought.

Note: The applicant is requested to supply the Division a copy of any Building Control Application in relation to the surface water discharge from this development.

3. The use of the proposed units must be restricted to dry industrial processes only. The only discharges which will be accommodated in the public foul sewer at this time are domestic (only) sewage from WCs and canteens.

This statement has been prepared by Mr Chris Balmer, MA Hons, MTCP, MRTPI Planning Officer, on behalf of the Planning Division of the Department of Infrastructure.

Signed .............................. Date .................................