26 November 2013 · Deputy Minister for Infrastructure (Hon C R Robertshaw, MHK) on appeal
Canada Life, Canada Life House, Isle Of Man Business Park, Douglas, Isle Of Man, IM2 2qj
The proposal is for a three-storey office building with 1150m² net floor area, finished in Manx stone, white/grey render, dark windows, surrounded by 109 car parking spaces and landscaping including native trees and shrubs. It is located on 0.4ha undeveloped grassland adjacent to existing business park buildings.
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 principle of office development as corporate headquarters was acceptable within the designated business park, providing employment in a sustainable location.
General Policy 2
Requires good siting, layout, design, highway safety, parking standards. Officer assessed proposal complies: modern design fits context, exceeds parking std (109 vs 77), no highway objection.
Environment Policy 13
Prohibits development causing unacceptable flood risk. Assessed acceptable: pond designed for whole park, recently maintained, WASA no objection, no evidence of poor design.
Business Policy 1
Encourages employment growth if compliant with IoMSP. Site in approved business park, provides offices/employment.
Business Policy 7
Offices exceptionally on business parks for corporate HQs without public callers. Proposal fits definition in Appendix 1.
Business Policy 8
New offices respect scale/character, meet parking stds. Three-storey scale matches surroundings, parking exceeds std.
Transport Policy 7
Parking to Appendix 7 stds (1/15m² net for out-of-town offices). 109 spaces exceeds 77 required.
Time limit
The development hereby approved shall commence before the expiration of four years from the date of this notice.
Approved plans
The development hereby approved shall be carried out in full accordance with Drwg Nos 100, 101.1, 101.2, 101.3, 101.4 and 102, all received on 6 September 2013.
Use restriction
The office building hereby approved shall be used only as the corporate headquarters of companies having multiple and diverse interests (but excluding financial/professional services to visiting members of the public) as defined under the heading of 'Business Parks' in Appendix 1 of the Isle of Man Strategic Plan 2007.
Landscaping scheme
Before development starts, a landscaping scheme shall be submitted to and approved in writing by the Planning Authority. The scheme shall include details of tree and shrub planting, the materials to be used for the hard surfacing of the car park, and a timetable for their provision. The soft and hard landscaping shall be carried out in accordance with the approved details. Any tree or shrub that dies, becomes diseased or is removed within 5 years of being planted shall be replaced by another of the same species in the next planting season.
Cycle/motorbike parking
Before development starts, details of the provision of secure on-site motorbike and cycle parking facilities shall be submitted to and approved in writing by the Planning Authority. The facilities shall be available for use before the first occupation of the office building.
No objection subject to no surface water to foul sewer, connect to public sewer, clean detention basin prior to connection
No objection; overprovision of parking not causing safety/capacity issues, suggest bike/motorbike facilities
No objection, note underground cables/OH lines
No objection after meeting with applicant and noting pond/road works
The original application for a 3-storey office building in the Isle of Man Business Park was approved by the Planning Authority despite concerns over surface water drainage. Eden Park Limited, neighbouring landowner, appealed solely on the grounds that conditions were needed to refurbish and vest the shared attenuation pond in public ownership to prevent flooding risks, citing Environment Policy 13 of the IoMSP. The appellant argued past neglect by Dandara and climate change risks required enforceable planning conditions. The inspector found the drainage system adequately maintained post-recent works, no increased flooding risk, and conditions on ownership or maintenance ultra vires and unreasonable. The appeal was dismissed, confirming the approval with minor additional conditions on landscaping and cycle parking.
Precedent Value
Confirms planning cannot control land ownership or ongoing maintenance of shared infrastructure; applicants/third parties should secure maintenance via other mechanisms (e.g. legal agreements) and provide evidence of recent works; flooding policy risks best addressed pre-approval via consultees.
Inspector: Ruth V MacKenzie BA(Hons) MRTPI
