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PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No.: Applicant: Proposal: 14/00967/A Berries Ltd Approval in principle for the erection of a light Industrial unit with associated parking and vehicular access Field 314880 Land Adjacent To Thie Slieau Whallian Saw Mill Complex Foxdale Road St Johns Isle Of Man Site Address : Case Officer: Photo Taken : Site Visit: Expected Decision Level: Miss S E Corlett 04.09.2014 04.09.2014 Planning Committee Officer's Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE SITE IS NOT DESIGNATED FOR DEVELOPMENT AND DUE TO THE LEVEL OF SUBMISSIONS RECEIVED THE SITE 1.1 The site is a piece of land which lies on the eastern side of the Foxdale Road (A30). To the immediate north is the Government Sawmills complex which incorporates a range of buildings, some large space and operating and storage space. To the south is an area where Christmas tree type conifers are grown by Department of Environment, Food and Agriculture (DEFA), Across the road to the west is Thie Slieau Whallian, DEFA's relatively new headquarters building set behind a dwelling, Westwold. To the east of the site is land used by DEFA for tree planting, 1.2 The site has a frontage to the pubiic highway of 113m and a depth of 62m. The frontage of the site is formed by a stone wall behind which is a lane which provides access from the Sawmills to the conifer fields. There are relatively young elms and maples planted alongside the stone wall which provide aimost continuous foliage cover along the site frontage. There is a bus stop on the eastern side of the A30 the speed of traffic on which is restricted to 30 miles per hour. There is another bus stop on the north western side of the A3 highway at TTie Hope alongside a lane which leads to the rear of the site but which is not included in the defined site and there is no proposal to use this for access. THE PROPOSAL 2.1 Proposed is the principle of the development of the site for a light industrial development: the applicant wishes to create a confectionery and pudding manufacturing facility which will also provide a small retail outlet for the items made on site with possibly a tea and coffee serving facility. 2.2 The plans show a building which has a footprint of 35m by 16m: the shop is envisaged to occupy an area of 8m by 8m. The plans show staff parking of fourteen spaces and visitor parking of around thirteen spaces in front of the building. An area to the south with a length 14/00967/A Page 1 of 9

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of 38m is included within the site and is shown as retaining the existing conifers which will be left to mature. 2.3 The applicant currently manufactures his chocolates at Aaron House, Port St. Mary Promenade and in order to satisfy the orders he is receiving the his Christmas puddings has leased a unit on a temporary basis in Balthane Industrial Estate, He would like to have a single unit to manufacture both in a characterful and charming location which he does not consider is the case at Baithane. He would like to use timber cladding or materials which would fit in with the surrounding area. The operation produces minimal amounts of noise, employs three members of staff and operate only a small commercial vehicle. They do not emit any hazardous fumes or waste products. The creation of a new access onto the Hope Road is proposed which would involve the felling of an existing maple tree, 2.4 The products made include a three Star Gold award at the great taste Awards 2012 for their Vintage Manx Christmas Pudding and since commencing in 2009 now supply Fortnum and Mason, Partridges of London and a number of "high end" delicatessans both on and off Island. The products use Manx sourced ingredients. PLANNING STATUS 3.1 The site lies within an area of Open Space of High Landscape Value and Scenic Significance on the St. John's Local Plan of 1999, This Plan identifies the saw mills as an Area of Civic, Cultural and Other Special Use - DAFF depot. Thie Slieau Whallian sits within an area designated as Open Space - DAFF Ornamental Gardens. 3.2 The Plan emphasises the importance of open space to the setting and character of St. John's and directs development to the areas so designated (paragraph 3.6 and POLICY OS/P/1). The Plan does not encourage any "major" new industrial development and notes that whilst there may be a need to increase the activities at the saw mills, any future expansion must be considered carefully to ensure the minimum impact on the amenities of the area (paragraph 7.2), It is considered important to preserve the rural and historic character of St John's (paragraph 7.3) and that "industrial uses will only be supported where the use provides direct additional local employment to the area or consists of small craft workshops providing a point of interest to tourists, encouraging the use of existing redundant buildings for such purposes but notwithstanding this, no further industrial development will be permitted which would adversely impact the amenities of the surrounding area in terms of noise, smell, traffic or parking problems. POLICY I/P/1 states: "The rural and historically important character of this part of the Island is such that no new major industrial development should be permitted within the local plan area." I/P/2 states: "In order to provide additional local employment and establish points of interest for tourists, small craft workshops and small scale industrial operations which do not adversely impact local residential amenity will be permitted. The use of redundant buildings for such activities will be encouraged in keeping with Planning Policy W/I/P3, as defined in paragraph 6.5 of the V/estern Sector Plan (D) 1991, Adequate parking for staff, customers and deliveries must be provided." 3.3 The Strategic Plan provides further advice on development outside of areas which are designated for a particular purpose in General Policy 3: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: a) essential housing for agricultural workers who have to live dose to their place of work (Housing Policies 7, 8, 9 and 10) 14/00967/A Page 2 of 9

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b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14) e) location-dependant development in connection with the working of minerals or the provision of necessary services; f) building and engineering operations which are essential for the conduct of agriculture or forestry g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and h) buildings or works required for interpretation of the countryside, its wildlife or heritage." PLANNING HISTORY 4.1 Only one planning application has been submitted for the site, that being PA 12/01484/B which was for the creation of a hardstanding to accommodate forestry machinery, vehicles and equipment but was withdrawn before a decision was taken. 4.2 Other applications for the saw mills have included the current application site within the red line area although did not propose any development thereon. REPRESENTATIONS 5.1 The Minister for DEFA has written in support of the application, stating that the applicant's business is going from strength to strength and whilst it already supplies Aldi, Fortnum and Mason, Partridge's of London and various high end delicatessens and has been in discussion with Selfridge's, John Lewis, Marks and Spencer, Lakeland and Lewis and Cooper, the UK’s largest hamper company. He states that the Department understands that the building will be an attractive building with an eco-friendly type appearance and that the business is very clean, generating minimal noise, fumes or waste. The Department did have ideas to develop the site itself but as it received adverse comments from local residents did not pursue this but would support a development which would allow for the continued development of local food production(14.07.14). 5.2 Mr. Turner MLC also registers his support for the application, noting that Berries has become one of the Island's success stories and the type of product they offer is rather unique and the fact that the operation is intended to attract viewing lends itself to this location (20.10.14). He considers that Berries have an unrivalled track record in delivering, having started off as a small operation with a vision and have developed into a flourishing quality business that is putting the Island on the map. He thinks they are an example of how business can flourish and should be given every assistance in getting to the next level. He hopes that the application is approved. 5.3 MEA (Electricity) seeks consultation regarding the provision of an electricity supply to the development. This is not a material planning consideration (22.08.14). 5.4 Department of Infrastructure Highway Services state that the application does not show the required visibility splays and the access is not wide enough but the provision of an acceptable access and visibility splays are possible and may be covered by conditions which require that no other work may commence until such times as the access has been created and prior to the occupation of the building the car parking and service areas shall be provided and maintained free from obstruction. Visibility splays must be provided at 2.4m by 120m and parking must be provided in accordance with the requirements of the Strategic Plan along with adequate sen/icing facilities and manoeuvring space (04.09,14). 14/00967/A Page 3 of 9

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5,5 German Parish Commissioners object to the application on the basis that the operation would be better located on the Food Park In Peel. They are opposed to a further access being created onto the Foxdale Road and further industrialisation would mean further loss of the open aspect of the village and would preclude any further expansion of the saw mills. They are of the view that the saw mill is an acceptable use In a rural area but an industrial operation is not. Finally they are concerned that the red line area extends far beyond the area which appears to be needed (05.09.14). 5.6 Objections have been received from the owners of the following properties, generally on the same basis, summarised below; Westwold, Foxdale Road which lies directly opposite the site (undated, received 01.09.14) Alpines, which fronts onto the Curragh Road and is around 55m away from the proposed site (undated, received on 02.09.14) 7, Pretoria Terrace, St. John's (The owner of this property, who refers to her parents' property which is situated on the opposite side of the road to the site and around 200m away) (undated, received on 04.09.14) Cronk Mooar, Curragh Road, which sits alongside Alpines and is around 33m from the southern extent of the site and around 72m from the proposed car parking area and building (01.09,14) Hollycot, The Hope, which lies around 110m to the south of the site and around 160m from the site of the car parking and building, on the southern side of the crossroads of the A30 and A3 (undated, received on 08.09.14) Cummal Noa, Ballavar Road which is to the south east of the Hope crossroads (11.09,14) Woodheights, Knocksharry (07.09.14) 29, 33, 68, Slieau Whallian Park (undated, received on 10th September, 2014, undated, received on 10th September, 2014 and 06.08.14) Riversdale House, Foxdale Road (01.09.14) 3, The Hope (02,09.14) 5.7 A petition has been submitted, dated 04.09.14 but received on 10.09.14, from The Hope and surrounding area residents as follows, some of whom have already written in separately: 1, 2, 3, 4, 6, 7, 8, 9, The Hope 5,6, Hope Terrace Brookwood, The Hope Bailavar, The Hope Pine View, The Hope Hope Cottage, The Hope Riversdale House, The Hope Westwotd, Foxdale Road Scravorley, Curragh Road 3, 4, 5, 6, Pretoria Terrace, St. John's Cronk Mooar Foxdale Road Thie Gennal Foxdale Road Mullen-e-Clole Foxdale Road Mount View

• The speed limit on the Foxdaie Road is 30mph not 40 although the actual speed of traffic is much higher and the traffic which will be generated by this development will be detrimental to the safety of those using the footway, particularly children going to school. They fee! that there should be no development which would spoil the rural nature of the village environment and would not like to see ugly street furniture, intrusive street lighting and bright traffic lights which may ensue if this application is approved and are concerned about the impact of the development on the Dark Skies initiative. 14/00967/A Page 4 of 9

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• They consider that the sawmill is in an inappropriate location although they appreciate that it has been there for a long time. Since DEFA's headquarters have been built they have noticed a marked increase in traffic and they are concerned that this is an attempt to establish an industrial status on land which has previously been the subject of proposals to expand the saw mills operation, there has been no overall plan for DEFA's operations on the adjacent land and as such the local residents have been subject to on-going ad hoc applications. They consider that their privacy and amenities would be adversely affected by the proposal, their concerns exacerbated by potential further development which may occur as a result of this.
• They suggest that the site is not designated for development and is overlooked on two sides by residential use land and as such neighbours' views should carry considerable weight. They consider that the creation of the visibility splays by the reduction in the height of the roadside waii and creation of diagonal splays will adversely affect the appearance of the area. They make reference to various policies in the St. John's Plans which presume against development and protect the open character of the area and note that whilst the operation will create jobs in St. John's, they will remove jobs from Port St. Mary and in any case are likely to use their existing staff, resulting in no new job creation. The development should be located in the new Peel Food Park. ' Finally they are concerned that the business could expand into the adjacent field in the future, particularly as the development of the field was rejected in 2012. They ask that DEFA is requested to provide an overall development plan for their land.
• The saw mill makes a clearly audible noise between 0830hrs and 1630hrs daily which intrudes on the peaceful enjoyment of their property (not a point raised by the owners of Westwold opposite the site). The planting which has been undertaken by DEFA blocks views and sunsets for nearby residents. The planting proposed will exacerbate this. Alpines lies 50m to the east of the southern extent of the site and 75m from the proposed building and car parking area. 5.8 David Anderson MHK for Gtenfaba objects to the application, stating that where an application seeks to have the local plan designation overturned, he feels compelled to get involved in the planning process. He considers that the proposed use could be carried out elsewhere such as at the Food Park in Peel and considers that if this application is approved it will bring the planning process into disrepute and would be the start of an avalanche of out of keeping applications generally (01.09.14). ASSESSMENT 6.1 The site is not designated for development on the relevant area plan. As such, the proposal would need to satisfy General Policy 3 in order to accord with Strategic Plan policy. Added to this, the St. John's Local Plan makes it clear that the history and visual attractiveness of the village is very important and shouid not be compromised by "major" new industrial development but that developments which provide employment and points of interest for tourists will be encouraged, ideally utilising existing redundant buildings or sites. In this respect, there are redundant sites in the vicinity in the form of the Farmer's Arms and mart site in the centre of the village and the complex of buildings further to the north at Mullen-e-Cloie which are both in Government ownership but neither of which is both available and suitable to the applicant and may well have detailed issues such as access which could prevent satisfactory development of these sites. 6.2 There is also a facility for the Department to consider "other material considerations" in Section 10(4)(d) of the Town and Country Planning Act 1999 and "any relevant statement of planning policy under Section 3" (Section 10(4)b). In respect of the latter, and to some extent 14/00967/A Page 5 of 9

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the former, there is provision for the creation of an employment-generating and tourist interest facility to be considered in favour of the application, particularly in view of the draft Planning Circular, Planning and the Economy which was issued by the Department in February 2012 but has yet to be adopted, modified or rescinded. 6.3 In looking at the economic benefits of the development, it is not dear whether this new facility will result in additional employment or the relocation of existing employees from the applicant's existing operation. Perhaps the most critical element which should be provided in evidence of the economic benefit of this scheme is support from the Department of Economic Development, which is conspicuous by its absence in this case, It is understood that Department of Economic Development and the applicant have been in lengthy discussions regarding this proposal but despite this, Department of Economic Development have not felt it appropriate to write in in support of the application, Part of the difficulty facing DED is the acquisition process for the site. 6.4 As the site is in Government ownership, the DEFA cannot simply lease or sell the site to an individual, even were that applicant to have obtained a personal approval for their development and a tender process would have to be undertaken. This could clearly result in a demand or aspiration for the site from other operators for similar or perhaps different operations which may or may not warrant support from DED. However, if the operators do not know whether planning approval would be forthcoming, they may perhaps be unwilling or unwise to tender for the site. It would be difficult for DEFA to submit an application for the development of the site, trying to justify it through the Planning and the Economy Circular or General Policy 3g without knowing the precise nature of the development. 6.5 All parties are therefore in a difficult position, knowing which process to commence first. This also places the Department in a difficult position in that if it were satisfied that the current applicant had grounds which would justify setting aside the policy against development on this site and it approved the application, this could establish a precedent for either or possibly both the development of this site for another operator whose business plan and credibility may not be as relevant as those of the current applicant, and the development of other undesignated land. In planning terms, the material considerations do not usually extend to personal circumstances or the personal attributes of a particular applicant, for the very reason that planning permission runs with the land not the operator or applicant, many of whose interest in the site will be outlived by the buildings themselves. 6.6 In the absence of support from Department of Economic Development, it is not considered that there is sufficient justification to set aside the development plan in this case, particularly as there many other sites on the Island which could be considered suitable - the Farmer's Arms site, the Port St. Mary Railway Station, the former bay View Hotel in Port St. Mary to name a few. If the cost of these sites is prohibitive, it is for Government perhaps to decide whether they should support the business to the extent that these premises become affordable, particularly those sites which are already in Government ownership. If that support is not there then it is even less tenable that an application should be approved for the development of land which is not designated for development. 6.7 Notwithstanding the above concern, there have been other issues raised which should be addressed - namely visual impact, highway safety and the acceptability of a new access onto the Foxdale Road along with any potential noise or nuisance issues to nearby residents. Visual impact 6.8 Setting aside the land use designation issue, the applicant has gone to some lengths to design a scheme which is visually compatible with the area, taking a lead from Thie Slieau Whallian across the road and using natural materials with muted colours. The building is also positioned at the northern side of the site, closest to the existing saw mil! buildings and 14/00967/A Page 6 of 9

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further north than Westwold, further reducing the visual impact. The car parking is behind an existing tree line and hedge v/hich will screen the parked vehicles to some extent. Were the principle of the development considered to be acceptable, it is considered that what is proposed would not have an unacceptable visual impact on the area. Highway safety 6.9 Department of Infrastructure Highway Services has indicated that with some adjustment, the site would satisfy highway standards and there is no indication that the additional traffic using Foxdale Road would in any way overload the highway beyond its capacity. As such, whilst there would be additional traffic using Foxdale Road, and an additional access point introduced within it, it Is considered that there are no highway-related reasons why this development should be refused. Potential noise or nuisance to nearby residents 6.10 The nearest residential property to the site is Westwold which is around 30m between the closest car parking space and the dwelling itself, separated by trees and a hedge. The other properties are significantly further away. Considering the nature of the proposed manufacturing, the distance from properties and the presence of a public highway, hedges, trees and the saw mills, it is not considered that the proposal will result in noise or any other nuisance which would justify a refusal of the application for these reasons. Conclusion 6.11 There are clearly strongly held views both for and against this development and on balance, due to the designation of the site as Open Space on the St. John's Local Plan and the focus upon the importance of open space in the setting and attractiveness of the village, it is recommended that the application is refused for reasons relating solely to land use designation. PARPf STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; (d) The Highways Division of the Department; and (e) The local authority in whose district the land the subject of the application is situated. 7.2 Manx Utilities Authority does not raise material planning issues and as such should not be afforded interested person status in this case. 7.3 The following persons are considered to reside sufficiently close to the development site to be considered to have interested person status under Government Circular 0046/13: Westwold, Foxdale Road which lies directly opposite the site object to the application Alpines, which fronts onto the Curragh Road and is around 55m away from the proposed site 7, Pretoria Terrace, St. John's (The owner of this property, who refers to her parents' property which Is situated on the opposite side of the road to the site and around 200m away) Cronk Mooar, Curragh Road, which sits alongside Alpines and is around 33m from the southern extent of the site and around 72m from the proposed car parking area and building Hollycot, The Hope, which lies around 110m to the south of the site and around 160m from the site of the car parking and building, on the southern side of the crossroads of the A30 and A3 Cummal Noa, Ballavar Road which is to the south east of the Hope crossroads 14/00967/A Page 7 of 9

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Riversdaie House, Foxdaie Road 1, 2, 3, 4, 6, 7, 8, 9, The Hope 5,6, Hope Terrace Brookwood, The Hope Ballavar, The Hope 7.4 The following parties are not considered to be sufficiently dose or directly affected by the development to be afforded interested person status under the provisions of Government Circular 0046/13: Mount View Thie Gennal Foxdaie Road Mul!en-e-Cloie Foxdaie Road Scravorley, Curragh Road 3, 4, 5, 6, Pretoria Terrace, St. John's Pine View, The Hope Hope Cottage, The Hope Woodheights, Knocksharry 29, 33, 68, Slieau Whallian Park Mr. Anderson MHK Mr. Turner MLC Recommendation Recommended Decision: Refused Date of Recommendation: 22.04.2015 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals R 1, The site is not identified as being suitable for development on the St. John's Local Plan of 1999. As such, there is a presumption against development here. The Department is not satisfied that there is sufficient economic benefit from the development to warrant setting this land use designation aside, either for reasons relating to the draft Planning and the Economy Circular or in respect of Genera! Policy 3 of the Strategic Plan or Policy I/P/2 of the St. John’s Local Plan. 14/00967/A Page 8 of 9

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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate deiegated authority. £ Committee Meeting Date :^ Decision Made : Signed :... Presenting Officer Further to the decision of the Committee an additional report/condition reason was required (included as suppiementai paragraph). Y^O Signatory to delete as appropriate (p SiJC- ^ 14/00967/A Page 9 of 9