15 August 2013 · Minister for Infrastructure - By Order of the Minister, N J Black (Chief Executive)
Office Workshop & Premises, Peel Road, Braddan, Douglas, Isle Of Man, IM4 4le
The proposal involves building 17 general industrial units totalling around 1800 sqm gross internal floorspace on a sloping site currently used as a contractor's yard adjacent to the River Dhoo and near residential areas in Braddan Hills.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The site is zoned 'Predominantly Industrial' in the adopted 1991 Braddan Local Plan, establishing the principle of industrial development as acceptable as the starting point.
General Policy 2
Requires development in accordance with zoning, respecting site/surroundings in scale/design/landscaping, no adverse amenity/landscape impacts, safe access/parking, no flooding risk. Officer assessed proposal complies on zoned industrial land with conditions mitigating neighbour amenity (noise/hours), highway safety, visual/landscaping and river protection aspects.
Business Policy 1
Encourages employment growth if according with policies. Officer noted priority economic application on zoned land supports this.
Strategic Policy 6 - Major employment-generating development
Major employment development on zoned land in Area Plans. Site matches 1991 Braddan Plan industrial zoning.
Environment Policy 7
Protects watercourses; no development within 8m normally, risk assessment/mitigation needed. 8-10m setbacks, DEFA form submitted/accepted, fencing condition satisfy criteria.
Strategic Policy 10
Integrated transport minimising car journeys, no highway safety impact. Highways confirmed acceptable post-TA review.
Environment Policy 22
No unacceptable noise/light pollution to amenity. Conditions cap noise levels, restrict lighting/hours/uses to mitigate.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
The development relates to the erection of 17 industrial units with associated parking and access all as shown in drawings 01 RevB, 02 RevB, 03,101 RevF, 102 RevA, 103 RevA, 104RevA, 105RevB, 106, 107RevB, 108, 110RevA, 10TS010-01 and 11-070 all date stamped as received 28 March 2013.
Use restriction
The units may be used only for general industrial purposes.
Prohibited processes
No industrial process shall be operated at these premises such as prescribed under the UK 'The Environmental Protection (Prescribed Processes and Substances) Regulations 1991, namely: the production of fuel and power; metal production and processing; mineral industries; chemical industry; waste disposal and recycling; other processes.
Materials approval
The external cladding may be only dark green, dark blue, dark grey or dark brown unless otherwise approved in writing by the Planning Authority.
Parking prior to occupation
The development hereby approved may not be occupied until such time as the associated parking and manoeuvring areas have been completed and set out as shown in the approved plans. Thereafter the parking spaces shall be kept free from obstruction and used only for the parking of vehicles.
Tree protection
All existing trees shown on the site as being retained must, prior to the commencement of any excavation or building work on site, be protected by the erection of protective fencing under the dripline of each tree. During construction no building, storage or excavation may be undertaken within the protected area unless authorised in writing by the Planning Authority.
Landscaping scheme
No development shall take place until full details of a landscaping scheme, including the provision of evergreen species, shall have been submitted to and be approved in writing by the Planning Authority and these works shall be carried out as approved. All planting shall be carried out in accordance with the approved details in the next available planting and seeding seasons. Any tree or shrub which within a period of 5 years from the completion of the landscaping works, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with another similar size and species, unless the Planning Authority gives written consent to any variation.
Hours of use
The buildings shall be used only from Monday to Saturday inclusive and no activity or business shall be carried out therein on Sundays or Bank Holidays unless otherwise agreed in writing with the Planning Authority.
Mezzanine floors
Notwithstanding the meaning of development in Section 6 of the Town and Country Planning Act 1999 or any act or revoking or re-enacting that Act, no mezzanine floor, other than those shown in the approved plans shall be constructed without a further application for planning permission being submitted and approved.
No external storage
No items of machinery or any equipment or other goods shall be kept outside of any buildings and all activities shall be undertaken within the buildings unless otherwise agreed in writing by the Planning Authority.
Waste storage
No waste or any other such material shall be stored outside of the units except within the concrete amenity area shown on drawing 101 RevF unless otherwise agreed in writing by the Planning Authority. Any request to the Planning Authority shall provide details of the receptacles in which the material is to be stored and the length of time the storage is required.
Lighting scheme
No external lighting shall be permitted except that as approved as part of a lighting scheme to be submitted to and approved by the Planning Authority.
Noise insulation
No development may commence until such time as details of noise insulation in the walls and roof of the buildings are submitted to and approved in writing by the Planning Authority; the approved insulation measures shall be installed prior to first occupation of the buildings and thereafter retained.
Noise limits
Noise levels from any plant, processes or equipment at the proposed industrial development measured at neighbouring residential premises including gardens, between the hours of 0700 - 2000 hrs (day-time) shall not exceed 50 dB LAeq, 1 hour; and noise levels from any plant, processes or equipment at the proposed industrial development measured at the external façade of neighbouring residential premises, between the hours of 2000 - 0700 hrs (night-time) shall not exceed 45 dB LAeq, 5 minute.
River fence
No development shall commence until details of a fence to be erected to deter unauthorised access and tipping to the rear of the site along the top of the river is submitted to and approved in writing by the planning authority; the fence shall be erected as approved in design and location prior to construction works of the units commencing and thereafter retained.
Access improvements
No development shall commence until the access improvement works shown on the approved drawings are completed and visibility splays are in place. The visibility splays shall be kept free from obstruction thereafter.
No concerns provided no impact on river; completed Development within 9m form accepted; advise when works commence and erect fence
No objection; no work on/near river without consent under Land Drainage Act s35
The original application for 17 general industrial units with parking and access improvements on a long-established contractor's yard within the Braddan Local Plan 1991 'Predominantly Industrial' zone was approved by the Planning Committee on 12 August 2013 despite resident objections. Appellants argued the scheme would harm residential amenity through noise, traffic, inadequate parking, substandard visibility splays, and conflict with updated Strategic Plan policies requiring review of industrial zoning near housing. The Planning Authority defended the approval citing compliance with zoning and standards, supported by Highway Authority and Environmental Protection evidence. The inspector found the 1991 zoning remained valid, previous access/parking concerns from PA 12/00413/B appeal had been addressed via vegetation clearance, Transport Assessment, and measured speeds, noise conditions were appropriate per BS4142/WHO, and amenity impacts acceptable given distances and controls. Appeals were dismissed, approval upheld with refined conditions on landscaping (evergreens), noise insulation, and river fencing.
Precedent Value
Affirms weight of extant local plan zoning on established sites even if aged; shows highway/parking concerns from prior appeals can be overcome with professional TA, measurements, and conditions; future applicants should prioritise expert evidence on visibility/noise over general objections, while appellants need strong evidence beyond amenity assertions.
Inspector: Alan Langton DipTP CEng MRTPI MICE MCIHT
