17 September 2013
Recycling And Storage Compound, Richmond Hill, Douglas, Isle Of Man, IM4 1jh
Island Drainage & Groundwork Ltd sought detailed planning approval for a compound on 1.7 ha of currently agricultural land adjacent to existing industrial uses including the Energy From Waste Plant and Animal Waste Processing Plant at Middle Park, Braddan.
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General Policy 3
Development not permitted outside areas zoned for development unless it accords with listed exceptions including overriding national need with no reasonable alternative. Site is in open space (agriculture) under Braddan Local Plan 1991.
Environment Policy 1
Countryside (all land outside defined settlements) protected for its own sake; development adversely affecting it not permitted unless overriding national need outweighs protection and no alternative.
Environment Policy 2
In areas of high landscape value, protection of landscape character most important unless development does not harm character/quality or location essential.
Environment Policy 24 - Pollution sensitive development
Development likely to have significant environmental effect may require Environmental Impact Assessment.
Business Policy 1
Encourages growth of employment opportunities that accord with plan policies.
no objection
no objection
The original application 13/00552/B for creation of a compound for recycling/storage of construction waste and extension of stone recycling area was refused by the Planning Authority due to conflict with policies protecting countryside/open space and lack of EIA. The appellant argued overriding need for industrial land in eastern Isle of Man, citing precedent from nearby appeal 06/00558/B, limited visual impact mitigated by planting/height controls, and relevance of abandoned revised local plan. The Council defended refusal on policy conflict with 1991 Local Plan and Strategic Plan policies like GP3 and EP1, downplaying need given available land supply and Cool Road Development Order. Inspector found extant open space designation overtaken by events including nearby EFWP/AWP/industrial units, accepted shortfall in suitable industrial land supply justifying principle of development despite policy conflict, concluded visual/environmental impacts acceptable with mitigation, dismissed EIA concern, and recommended appeal allowed subject to conditions.
Precedent Value
Demonstrates industrial need can override countryside protections (GP3/EP1) if supply critically low and no plan framework; visual impacts must be evidenced with mitigation; abandoned/emerging plans carry weight as indicators of need/sites.
Inspector: Neil A C Holt