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22/01083/B Page 1 of 33
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 22/01083/B Applicant : Heron & Brearley Proposal : Construction of 33no light industrial/storage units, alterations to existing infrastructure together with alterations to the existing warehouse and demolition of existing office block Site Address : Isle Of Man Breweries Distribution Centre Old Castletown Road Douglas Isle Of Man IM2 1QG
Principal Planner: Chris Balmer Photo Taken : 30.11.2022 Site Visit : 30.11.2022 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 19.09.2024 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. Prior to the occupation of any new industrial unit 2 car parking spaces associated with that unit as shown on approved drawing 21018 05C shall be provided and retained for use of the parking of vehicles associated with that unit thereafter.
Reason: To ensure that the car parking standards are met in the interests of highway safety.
C 3. Prior to the commencement of any development full details of soft landscaping works shall be submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species
Reason: To ensure the provision of an appropriate landscape setting to the development and for biodiversity.
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C 4. Prior to the commencement of any development ecological mitigation plan written by a suitable qualified ecological consultancy including timescales for implementation and to comply with the landscaping plan (Condition 3) shall be submitted in writing for approval by the Department. This approved plan shall be fully implemented in the timescales agreed and retained thereafter.
Reason: In the interest of biodiversity/tree loss
C 5. No tree marked as being retained on drawing TR-290622 (Tree Impact) shall be cut down, uprooted or destroyed during the development phase and thereafter within 5 years from the date of occupation of the last unit completed, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action approved in writing by the Department and implemented in accordance with the approved details.
Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
C 6. The implementation of the tree protection measures set out in the approved Arboricultural Method Statement and as shown on drawing number OTP-290622 shall installed prior to the commencement of any development and not removed till the completion of the development and shall be monitored by a suitably qualified and pre-appointed tree specialist, in accordance with the details contained therein. The name and contact details of the specialist shall be provided to the Planning Authority before any works commence on site.
Reason: Required to safeguard and enhance the character and amenity of the site and locality by ensuring compliance with the tree protection and to ensure that professional technical advice is on hand to deal with problems that arise or modifications that become necessary.
C 7. No external lighting is to be installed to the southeast elevation and southwest elevation of Block A & Block B unless in accordance with a detailed external low level lighting scheme which must be submitted to and approved in writing by the Department, and must be in accordance with the recommendations outlined in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023). This should include any lighting in the public domain, including street lights.
Reason: In the interests of biodiversity of the site/area.
C 8. Prior to the commencement of any development details of the surface water attenuation tank, to collect, store and discharge in a controlled manner into the mains system shall be submitted in writing for approval by the Department. No new units shall be occupied the approved system has been completed. The system shall be retained thereafter.
Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal is incorporated into the design and the build and that the principles of sustainable drainage are incorporated into this proposal and maintained for the lifetime of the proposal.
C 9. No development may commence until such time as the existing wastewater pump station (south-western corner of site) has been decommissioned and the new section of gravity sewer has been constructed as per Manx Utilities correspondence (dated 6th March 2024 and 17th September 2024).
Reason: To ensure adequate foul sewerage provision is provided.
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C 10. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the 33 Units within Block A and B; shall not be used other than for Class 2.2 - Light industry and Research and/or Development and/or Class 2.4 - Storage or distribution and for no other purposes.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.
C 11. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 12. The 33 new units shall not be occupied or operated until the pedestrian access amendments from the public highway into the site as per plan 21018 05C have been completed and retained thereafter.
Reason: To provide safer pedestrian routes into the site and to encourage sustainable transport links.
This application has been recommended for approval for the following reason. The proposal would be developing a site which is designated for industrial development and which also has a significant amount of industrial/office uses existing.
While it is noted that the development will change the landscape/character of parts of the southern part of the site, from one a private landscaped gardens associated with the brewery use, to an industrial development; albeit from public viewpoints the impacts would not be significantly adverse, and as discussed within this report it is considered the visual harm caused by the development is not so significant to warrant a refusal and the individual character of this area of Douglas would be protected. There are no concerns with the scales, mass, heights and designs of the units.
The proposal would equate to a sustainable development given its closeness and good pedestrian and cycle links to residential areas in Douglas and also Douglas City Centre/Port and would meeting the overarching aims of the IOM Strategic Plan i.e. "Towards a Sustainable Island" and other Government Document's seeking sustainable development and Active Travel.
There are no highway safety/parking concerns raised by the development and while the proposal will increase traffic generation it has been confirmed by Highway Services that this would not have an unacceptable impact to the existing highway network.
The surface water runoff and foul drainage have all been accommodated in a suitable and acceptable way for the relevant drainage authorities.
The potential impacts to ecology and loss of a number of trees are noted however it is designated within the Area Plan for the East and considered with mitigations and further conditions for further mitigation attached any approval these would help reduce the impacts and that the benefits outweigh the harms of the development.
Finally, in terms of the economic benefits, it is clear from the submission that the overall site will bring a number of job opportunities in a variety of different skilled and non-skilled roles which can only be a benefit to the IOM economy and its residents.
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It is considered for the reasons indicated within this report the proposal overall, would not have any significant adverse impacts upon public or private amenities and would therefore comply with;
Isle of Man Strategic Plan 2016 Strategic Policy 1, 2, 4, 5, 6, 7 & 10; Spatial Policy 1 & 5; General Policy 2; Environment Policy 3, 4, 5, 22 & 42; Business Policy 1 & 2; Transport Policy 2, 3, 4, 5, 6, 7 & 8; Energy Policy 5 of the Isle of Man Strategic Plan 2016;
Area Plan for the East 2020 Natural Environment Proposal 1; Transport Proposal 1 & 2; Utilities Proposal 1, & 5, 6; Employment Proposal 1.
Climate Change Act 2021
Manual for Manx Roads
Our Island Plan January 2023 - Update 24/25
Active Travel Plan Travel Investment Plan 2019
A Guide for Applicants: Supplementary Guidance on Economic Issues - December 2022
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers all received;
22.09.2022 22018 01 - Location Plan 22018 02 - Existing Site Plan 22018 03 - Existing warehouse plans 22018 04 - Existing warehouse elevations 21018 06 - Proposed Warehouse Plan 21018 10 - Vechicle Tracking Plan Arboricultural Impact Assessment - August 2022 - Manx Roots TS-290622 - Tree Constraints Plan TR-290622 - Tree Removal Plan TR-290622 - Tree Impact Plan OTP-290622 - Outline Tree Protection Plan Tree Data Table Kewaigue Data Table LC-020822revA - Landscape Concept Manx Wildlife Trust Consultancy Preliminary Ecological Appraisal Report 53604 - Electrical Site Plan Heron and Brearly Commercial Park - Drainage information Heron and Brearly Commercial Park - Water information Heron and Brearly Commercial Park - Manx Gas information MT - Heron and Brearley Commercial Park - Manx telecom information Telecom Plan - 19/08/2022 - Manx Telecom Solar Report - 28th March 2022 - Solaredge String Design - 28th March 2022 - Solaredge
17.07.2023 21018 07A - Existing Warehouse Elevations as proposed 21018 08A - Proposed Block A - Plan and Elevations
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21018 09A - Proposed Block B - Plans, Elevations & Section Manx Bat Group Report - 14.07.2023 Road Safety Audit Stage 1 - Feb 2023 - HMTC Supplementary Arboricultural Information - 21st March 2023 - Manx Roots Transport Assessment - May 2023 - HMTC (Parts 1 & 2) Road Safety Audit - Designers response document - HMTC Agents Response to Representations Made
13.08.2024 21018 05C - Proposed Site Plan LANDSCAPE PROPOSALS __
Interested Person Status
It is recommended that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
o Brentwood, Ellenbrook Close, Douglas o Fairways, Ellenbrook Close, Douglas o Mount View, Ellenbrook Close, Douglas o Watertrough Cottage, Old Castletown Road
As they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (2019).
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
o Kitzbuhel, Ellenbrook Avenue, Douglas is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Manx National Heritage Business Agency (DfE) Manx Utilities __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN AN OBJECTION FOR THE LOCAL AUTHORITY AND THE NUMBER OF OBJECTIONS RECEIVED CONTRARY TO THE RECOMMENDATION
1.0 THE APPLICATION SITE 1.1 The application site is the Heron & Brearley Warehouse & Distribution Centre and associated grounds, located on the Castletown Road, Kewaigue. Various warehouse and office buildings exist on the site, which is largely screened from Castletown Road/Kewaigue Hill by
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some high metal fencing and low level Manx stone walling, behind which lie quite significant screening in the form of mature vegetation.
1.2 The site is dominated by the existing large industrial/warehouse building and attached office building which are both surrounded by large areas of tarmac and brick paviors to enable vehicles to manoeuvre around the site and vehicles to park. To the east and southern parts of the site are large expansive private gardens which are associated with the site and sit between the main buildings on the site and the Castletown Road/ Kewaigue Hill.
1.2 The full site is roughly triangular in shape, with the point of the triangle aiming in a south-westerly direction; access into the site is to the southeast, and opposite to Ellenbrook Drive, a residential street. Surrounding uses include other industrial units to the northeast and east (White Hoe Industrial Estate) and private woodland to the northwest (designated for new industrial development). The IOM Steam Railways runs parallel to the north western boundary of the site.
2.0 THE PROPOSAL 2.1 The application seeks approval for the construction of 33no light industrial units/ /storage units, alterations to existing infrastructure together with alterations to the existing warehouse and demolition of existing office block. It should be noted that the initial application proposed the units to be general/light industrial; however, following discussions with the Department/comments received, the applicants have proposed light industrial units/ /storage units only (re advertised on 14.08.2024).
2.2 The applicant outlines the reasoning for the submission and their aims, stating; "Heron & Brearley (H&B) and its related group of companies are a major employer in the Isle of Man, as well as a leader in the Island's hospitality industry. From managed public houses to convenience stores and forecourt shops they offer an impressive array of services to a diverse range of customers, both on-Island and in the UK.
Over the years the Isle of Man has seen a general decline in the number of people using pubs with the number of pubs having reduced considerably over time and brewing demand significantly reduced..."
2.3 And
"A feasibility study was carried out where it became evident that with some internal re- planning of the existing warehouse, which includes a consolidation of the now oversized brewing area, H&B's various enterprises including head office personnel can be accommodated within the envelope of the existing warehouse.
This frees up space for the area currently occupied by the current office block of 791m2 and associated car park to be developed.
A review of The Area Plan for the East that came into force in 2020, confirms that the site is zoned Industrial.
A proposal that maximises the use of the site through the development of rentable/sellable industrial units has therefore been developed.
Estate agents have advised that industrial units in the order of 75m2 with flexibility for 2 or more units to be merged as businesses grow is the current demand. Accordingly a proposal that has this flexibility in mind has been developed."
2.4 And
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"The long term ethos is to create lettable units that through H&B's investment in renewable energy, are able to operate in a totally environmentally friendly manner, putting the site as a whole at the heart of "green working" in the Isle of Man.
In the short term, and to mitigate any impact of the development, this would involve enhancing the ecological diversity of the site through alternative types of planting and the creation of a swift colony - see Forestry and Ecological Matters that follow where this ethos is fully explained.
With electric cars becoming more prevalent, the development will also include the installation of electrical charging points in a circuit where additional units can be added as demand rises.
In the longer term, and to help improve their carbon footprint as a whole, H&B would also like to install an array of photovoltaic modules on the main roof of the existing warehouse.
In consultation with a leading solar specialist, it has been determined that an electrical yield per annum from the installation of 782 photovoltaic modules on the main south facing roof of the existing warehouse can be installed to produce 380MWh.
The wattage produced by the photovoltaic equates to a CO2 reduction of 149.08 tonnes per annum or the planting of 6847 trees- see Solar Edge information attached at Appendix A."
Details of full approval 2.5 The proposed works are; o Demolition of existing office building (approx. 606.8sqm floor area) to eastern elevation of main building; o Construction of two blocks accommodating a total of 33 light industrial units (total floor area of 2,475sqm); o A more energy efficient brewing area to be installed in a reduced footprint including the removal of the external gas storage compound; o Alterations to external elevations of main building, including a new main entrance for H&B office staff, re cladding of existing building to match the proposed new units; installation of roller shutter doors and a general reduction in the brewing area which in turn increase the warehouse use. o Additional landscaping to be planted to mitigate the loss of existing trees/landscaping within the site; and o Drainage works, including the realign the current sewage system so that it primarily passes under footpaths/grass verges with new connection to the existing nearby sewage treatment station.
2.6 The first Block A would accommodate a total of 3 units each with two off road parking spaces associated with it. There is also a forecourt for each unit available for the potential future occupiers. Block A would have a width of 23m, a depth of 10.5m and a height between 5.5m and 6.2m given the mono pitch roof design. The elevations would be finished in cladding system grey in colour. The rear and side elevations it is proposed to enable native climbing plants to create extended wild life habitats. The roof is to have an external "Green Roofing", again to provide wild life habitats. Swift boxes are also to be installed.
2.7 The second and larger Block B would accommodate a total of 30 units each with two off road parking spaces associated with it. There is also a forecourt for each unit available for the potential future occupiers. Block B would have a width of 122.1m, a depth of 20.6m and a height between 5.5m and 6.2m given the mono pitch roof design. The elevations would be finished in cladding system grey in colour. The side elevation (south) it is proposed to enable native climbing plants to create extended wild life habitats. The roof is finished with a metal cladding system.
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2.8 All the new units would be accessed via the existing industrial estate road/access which serves the Heron & Brearley Warehouse & Distribution Centre. No works are being undertaken to the exist5ign access onto the Old Castletown Road.
2.9 In terms of car parking, a total of 128 car parking spaces will be provided throughout the site, which would provide parking for the new industrial units and existing uses within the site, including the changes to the main building, which in the main will remain as brewing/storage and distribution. The proposals also make provision for cycle parking for 10 bicycles including covered cycle parking.
2.10 As outlined within the applicant's aims, works include the installation of wildlife habitats throughout the site, swift boxes and additional landscaping, especially along the western and southern boundary of the site to add to the existing mature landscaping which bounds the western and southerly boundaries of the site.
3.0 PLANNING HISTORY 3.1 The application site and surrounding land has been the subject of a number of previous planning applications, the following of which are considered specifically material to the assessment of this current planning application:
3.2 Installation of 3 roller shutters and internal partition - 16/00695/B - APPROVED
3.3 Alterations, internal re-organisation including the installation of a mezzanine floor to provide additional office space, creation of additional windows and doors and provision of additional parking - 15/01123/B - APPROVED
3.4 Alterations including creation of roller shutter openings and regrading of existing hard standing to create level access - 13/91119/B - APPROVED
3.5 Creation of an additional ten parking spaces - 13/91120/B - APPROVED
3.6 Part retrospective application for the change of use of previous bonded warehouse and unused warehouse areas to general warehousing, proposed use of external hardstanding for storage of pallets, gas bottles and kegs and erection of fencing - 04/01947/R - APPROVED
3.7 Removal of existing oil storage tanks and installation of three new tanks and associated works - 06/01344/B - APPROVED
3.8 Erection of an extension to the front of the warehouse and construction of a new car- park to front of proposed extension and construction of a lorry park to rear of site - 05/01359/B - APPROVED AT APPEAL
3.9 Erection of new entrance gates and feature wall - 04/01533/B - APPROVED
3.10 Creation of internal store/workshop, Heron & Brearley distribution warehouse - 97/01994/B - APPROVED
3.11 Creation of new Brewery and ancillary accommodation within existing warehouse building - 92/00767/B - APPROVED
3.12 Erection of distribution warehouse & administration offices - 87/01628/B - APPROVED
3.13 Approval in principle to construction of office and covered storage facilities & ancillary parking - 87/01255/A - APPROVED
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4.0 PLANNING POLICY 4.1 LOCAL PLAN - AREA PLAN FOR THE EAST 2020 4.1.1 The application site falls within an area designated as "Industrial" under the Area Plan for the East 2020. The site is not within a Conservation Area nor are there any Registered Building within or close to the site. The site is not within an area at high risk of either tidal or fluvial flooding. There are some areas at risk of surface water flooding, namely some sections of the estate road around the southern sections of the main building. The section of the site which is proposed to be development does not appear to have any flood issues.
4.1.2 Within the written statement of the Area Plan for the East the following text is relevant to the site; 4.1.3 "3.4.3 ...The Nunnery Corridor which in itself has become a creative, connected, technology corridor will help deliver the economic transformation of Douglas through its facilities and strong skills base. Supported by new employment uses along the Cooil Road Corridor, this whole area will have access to an efficient high quality transport route connecting Douglas port and the employment area around Ballasalla and the Airport. This entire corridor will strengthen the Island's competitive economic climate and allow for expansion, protection of land for large single users and the provision of the right service corridors and infrastructure from the outset. The East will provide a well maintained, serviced and connected employment hub offering a mix of employment sites of good quality to attract and maintain a diverse range of businesses in new economic sectors."
4.1.4 "8.1.2 The main urban area in and around the edge of Douglas includes a number of key employment areas outside the town centre, including industrial land at Middle River & White Hoe, Kirby Farm, Tromode and Ballafletcher, along Peel Road (including Hills Meadow), the Isle of Man Business Park and some land to the South of Cooil Road/Kewaigue. Some of these areas include land which is within the parish of Braddan."
4.1.5 "8.2.3 Area Plans should identify existing centres and direct major employment- generating uses to them (Strategic Policy 6). Douglas will remain the main employment and services centre for the Island (Spatial Policy 1) and that its continued regeneration will create further employment opportunities (Paragraph 5.9). There should be continued concentration of industrial development in existing industrial areas, which are close to major transportation links such as in Douglas and Braddan (paragraph 9.2.2)."
4.1.6 Natural Environment Proposal 1 states; "The Department supports the protection, creation and improvement of green infrastructure in the East, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Applications for development must take into account any approved Government Green Infrastructure Strategies, but in any case, must identify how development proposals intend to contribute to the long term provision of a network of connected green spaces."
4.1.7 Transport Proposal 1 states; "Development proposals must take into account the Active Travel Strategy and any specific actions set out in the Active Travel Action Plan."
4.1.8 Transport Proposal 2 states; "to help deliver integrated transport networks..."
4.1.9 Utilities Proposal 1 (Serviceability) states; "a) All development must be connected to the appropriate service and utility. b) In order to achieve this, each service and utility required must be capable of receiving a new connection and sustaining it."
4.1.10 Utilities Proposal 5 - Water supply, sewerage and drainage states; "Intention - To plan for the provision of water supply, sewerage and drainage services that efficiently and effectively meet community needs and protect the natural environment. This
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shall be taken to represent a policy statement on Utilities in the East. Strategies to achieve this will include the following:- o Ensure water quality in water supply catchments is protected from possible contamination by urban, industrial and agricultural land uses. o Provide for suitable sewerage at the time of development. o Plan urban stormwater drainage systems to take into account the catchment and drainage context. o Include measures to reduce peak flows and assist screening, filtering and treatment of stormwater, to enhance flood protection and minimise impacts on water quality in receiving waters. o Encourage the re-use of wastewater including urban run-off, treated sewage effluent and run-off from farmland where appropriate."
4.2 STRATEGIC PLAN 4.2.1 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application;
Strategic Policy 1 Efficient use of land and resources 2 Priority for new development to identified towns and villages 3 To respect the character of our towns and villages 4 Protection of built heritage and landscape conservation 5 Design and visual impact 6 Major employment-generating development should be located in existing centres 7 Undeveloped land which is zoned in Local or Area Plans for industrial, office, or retail purposes will be retained and protected for such uses 10 New development should be located and designed such as to promote a more integrated transport network
Spatial Policy 1 The Douglas urban area will remain the main employment and services centre for the Island 2 Building in defined settlements or GP3
General Policy 2 General Development Considerations
Environment Policy 4 Wildlife and Nature Conservation 5 Ecological Impacts 7 Protection of watercourses 10 Flood Risk Assessments 13 No unacceptable risk of Flooding 22 Protection of amenities/environment from pollution 25 Pollution-sensitive development 42 Respect the local character and identity
Business Policy 1 The growth of employment opportunities 2 Land designated for industrial development should be appropriate to area, transport links, proximity of labour and availability of water, sewerage and other utilities 5 On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted (excluding bulky goods)
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7 New office floor space should be located within town and village centres exceptionally, permission may be given for new office space (a) on approved Business Parks for Corporate Headquarters 8 New office buildings should, in terms of height and mass, respect the scale and character of adjoining and nearby buildings
Community Policy 10 Fire Fighting provisions
Transport Policy 2 Provision for new links 4 Highway Safety 5 Design of Highway Network Improvements 6 Equal weight for vehicles and pedestrians 7 Parking Provisions 8 Requirements for Transport Assessments
Energy Policy 5 Energy Efficiency
4.2.2 For information the IOM Strategic Plan defines the following industrial uses as;
"industrial building" means a building (other than a building in or adjacent to or belonging to a quarry or mine and other than a shop) used for the carrying on of any process, for or incidental to any of the following purposes, namely:- a) the making of any article or of part of any article; or b) the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or adapting for sale, or breaking up or demolition of any article; or c) without prejudice to the foregoing paragraphs, the getting, dressing or treatment of minerals; being a process carried on in the course of trade or business other than agriculture, and for the purposes of this definition the expression "article" means an article of any description, including a ship or vessel.
Such buildings are sub-divided into light industrial, general industrial and special industrial buildings, each defined as follows:
"light industrial building" means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles; the use of light industrial buildings for research and development of products or processes is permitted by the Town and Country Planning (Permitted Development) Order 2005.
"general industrial building" means an industrial building other than a light industrial building or a special industrial building;"
4.3.1 Climate Change Act 2021
4.4.1 Manual for Manx Roads
4.5.1 Our Island Plan 2022 to 2024/25 Update - this sets out a vision for the next 10-15 years. 5,000 new jobs, a £10bn economy, and a target population of 100,000. The recent update indicates that;
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"In the first year of the Economic Strategy, the overall number of people employed grew by 700; in 2024-25 we will sustain this pace of progress towards our goal of 1,800 new jobs filled by 2026. We will also concentrate on increasing the number of economically active new residents, who can provide needed skills and investment into the Island."
4.6.1 Active Travel Plan Travel Investment Plan 2019
4.7.1 A Guide for Applicants: Supplementary Guidance on Economic Issues - December 2022
4.8.1 Agriculture and Lands Directorate's Tree Protection Policy - Version 2.0 December 2021 "17. The Agriculture and Lands Directorate (The Directorate) will review planning applications and provide comments to the Planning and Building Control Directorate (PBCD) with the aim of: (a) preventing the removal of existing trees and woodlands of merit* (b) preventing future conflict between the proposed development and retained trees and woodlands in the future (c) protecting retained trees and woodlands from damage during the implementation of the development *merit includes, but is not limited to, visual amenity value Note: It is not the Directorate's role to weigh up the merits of the proposed development against approved planning policy - this is the job of the PBCD. Note: it is not the Directorate's aim to ensure that the proposed development is appropriately landscaped, or that adequate green infrastructure is included in the proposals."
5.0 REPRESENTATIONS It should be noted that full comments made by all representations are available on the Online Services - Planning Applications and any decision should read this in full. Further, the application has been re-advertised a number of occasions (latest consultation period starting on the 14.08.2024 and ending 06.09.2024) in response to issues raised and therefore there are multiple comments from various representations. The comments below are taken form the last correspondence from the relevant party only. As mention there have been multiply comments from the majority of each representation and any decision maker should consider these as well.
5.1 Douglas Borough Council have commented (02.08.2023): "Planning application 22/01083/B has previously been considered by the Council's Environmental Services Committee which resulted in an objection being raised relating to the tree planting mitigation measures proposed along with some concerns relating to traffic. We note that the applicant has submitted additional information relating to traffic which appears to have addressed many of the traffic concerns subject to certain conditions being applied to any approval granted. Prior to providing our final comments on this application we wish to review any amendments relating to tree planting and biodiversity and will revert back to the planning department once these have been considered."
5.1.1 No comments received following additional information.
5.2 Highway Services (DOI) do not object to the application subject to conditions and make the following comments (25.07.2023):
"The applicant has submitted revised information to address the previous HDC response dated 13 October 2022 and can summarise HDC's response this submission as follows: a) The submitted Transport Assessment appears robust and meets TA Guidance principles. b) An Accessibility Audit was submitted and meets MfMR recommendations.
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c) Stage 1 Road Safety Audit and designers response has been submitted and the applicant has proposed additional footway into the site to improve pedestrian accessibility. d) Although tight, swept path tacking within the site appears reasonable for the new site operations. Large vehicular movements for the exiting warehouse will be not be detrimentally affected by the changed layout. e) The applicant has demonstrated that 127 car spaces are suitable for the site. The applicant should provide at least 2 EV charging points for the existing warehouse operation car parking to promote Net Zero objectives and help off-set increased vehicular carbon emissions from the site. f) The applicant is proposing additional pedestrian routes from the highway into the site which is welcomed.
Conditions:
Recommendation: DNOC"
5.2.1 Highway Services final comments (16.08.2024); "Highway Services HDC have reviewed the updated information for planning application 22/01083/B dated 13 Aug 2024 online and continue to have NO objections to the application (subject to previously suggested conditions by HDC) providing that landscape area B on the proposed plan is no higher than 1m in height, and maintained as such thereafter, to retain suitable access visibility."
5.3 Forestry, Amenity and Lands Directorate (DEFA) object to the application commenting (23.11.2023):
"My initial comments remain unchanged.
The additional supplementary arboricultural information has only increased the importance of retaining G3 as it reports that the group "has good structural diversity with multiple levels of vegetation, a good variation of stem sizes, and edge trees which provide low level habitat and shelter internally", the information also reports that the group consists of predominantly species native to the Isle of Man. This highlights the value of the group from an arboricultural and ecological perspective.
I agree with Sophie's reservations about the additional planting that has been proposed, and would like to draw your attention to the lack of green space available for meaningful mitigation planting."
5.3.1 Following updated landscaping scheme, Forestry, Amenity and Lands Directorate (DEFA) retain their objection to the application commenting (04.09.2024): "The updated landscape proposals do not represent suitable mitigation for this site. Increasing the woodland planting to the border with the access road will inevitably create a conflict between the trees and the road. The planting will also result in the loss of the grassland, which, if managed in accordance with the recommendations of the preliminary ecological appraisal, constitutes a valuable habitat. The loss of the existing gradual woodland edge will also constitute the loss of another valuable habitat. Another issue is present in the landscape proposal in that it does not clearly demonstrate the individual trees that were originally proposed to be planted in the landscape concept plan produced by Manx Roots.
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Due to the issues outlined in my initial consultation the Agriculture and Lands Directorate will maintain a strong objection to this application. If the Planning Directorate is minded to approve this application, I would recommend that an independently and professional prepared ecological mitigation plan is sought, that seeks to gain the greatest ecological and arboricultural benefit from the site. At present, the landscape proposal focuses purely on increasing tree cover, rather than a holistic view on what is best for the site as a whole.
I have attached my initial consultation comment to this email. I would particularly like to draw your attention to the following point raised "...Without a fairly radical overhaul of the current proposal, I think a balance will not be able to be struck between tree removal and re-planting on this site"
5.4 Inland Fisheries - DEFA comment (01.06.2023); "I can confirm that DEFA, fisheries have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse. As the proposed works are in close proximity to the watercourse, precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river."
5.5 Environmental Protection Unit - DEFA - comment (20.12.2023); "There is currently no category of statutory nuisance in the Public Health Act 1990 that covers obtrusive light. If light nuisance were to be a problem then the only option for those affected would be to take action in the civil courts for a private nuisance. The proposed development is in close proximity to existing houses. It is foreseeable that adding further industrial activity to an already industrial site is likely to increase the risk of noise nuisance at neighbouring premises. To what degree this risk increases is down to the specific activities that take place in each unit. It is, therefore, not possible to determine whether or not the noise from the proposed development will cause a nuisance or not. It should be noted that there is best practicable means defence to statutory noise nuisance for noise caused in the course of a trade."
5.6 Ecosystem Policy Officer (DEFA) objects to the application commenting (22.11.2023 - comments online within "Arboricultural Officers" comment 23.11.23): "From what I can make out from the updated information, following our comments they haven't made any revisions to the layout, apart from a small reduction to block A, and the proposed tree removal remains the same. They also propose to strengthen the woodland planting, but if you look at the exiting site layout and various tree plans, what is proposed is essentially tree planting in areas that are already planted heavily with trees. You'll either get trees that won't grow or are unhealthy, or that will cause issues in the future because of overcrowding.
I still appreciate the attempt that has been made to mitigate some of the ecological impact, such as the swift boxes and management of the grassland. However, this does not mitigate against the loss of the very large number of trees, does not comply with the recommendations of the MWT's PEA (Areas of woodland and grassland should be retained where possible for their value to wildlife. The loss of any trees should be compensated for by the replacement planting of native woody species (see Appendix IV) within the site. If this is not possible, consideration should be given to compensatory habitat creation / offsetting to address the impacts of the proposed work.) and does not comply with the mitigation hierarchy of avoid/minimise
mitigate>compensate. They have not avoided or then provided compensation.
The Ecosystem Policy Team's objection to this application therefore remains."
5.6.1 Following additional information be provided the Ecosystem Policy Officer make the final comments (05.09.2024);
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"The Ecosystem Policy Team are maintaining our objection to this application because we see no significant changes to the scheme since our response on the 22nd November 2023. This application will still result in a net loss for biodiversity which is contrary to:
Strategic Policy 4 of the Isle of Man Strategic Plan 2016: Proposals for development must: (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas
Habitat loss action 21 of the Isle of Man Government's Biodiversity Strategy 2015: DEFA will continue to promote a policy of 'no net loss' for semi-natural Manx habitats and species and ensure that unavoidable loss is replaced or effectively compensated for.
As stated in our previous response to this application, although we appreciate the ecological measures proposed for the site, such as the swift boxes and landscaping, this does not mitigate against the loss of the large amount of trees and grassland area, does not comply with the recommendations of the Manx Wildlife Trust's Preliminary Ecological Appraisal Report (PEAR) dated July 2022 and does not comply with the mitigation hierarchy of avoid/minimise
mitigate>compensate.
The updated application proposes additional tree planting. However, this will lead to the loss of grassland areas (contrary to MWT recommendations), the loss of grassland to woodland ecotone, and is likely to lead to conflict and requirement for management (tree removal) in the future.
Should planning be minded to approve this application despite this objection we request that conditions are secured for: No works to commence unless an ecological mitigation plan, written by a suitable qualified ecological consultancy, has been submitted to planning and approved in writing. Due to the time that has passed since the Manx Wildlife Trust's Preliminary Ecological Appraisal Report (PEAR), July 2022, the mitigation plan should be informed by an updated PEAR.
No works to commence unless a soft landscaping plan has been submitted to Planning and approved in writing.
No external lighting to be installed unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to Planning and approved in writing. All works must then be undertaken in full accordance with this plan. This must include measures such as lighting avoidance areas (watercourse, boundary trees and hedging), suitable lighting temperatures, use of timers and passive infrared sensors."
5.7 Manx National Heritage comment (02.08.2023): "...Having looked through the application and read the correspondence from DEFA Forestry and Ecosystems Policy Officer I have to add my concerns about the loss of mature trees. From an ecological perspective trees are important within the landscape for their habitat as well as their carbon sequestration abilities.
DEFA Forestry have calculated the loss of trees as equating to 2,540m2 of the existing canopy cover which will conflict with Environmental Policy 3 of the IOM Strategic Plan 2016.
Mitigation proposals are very much welcome but, in their current form, would not compensate for the habitat loss of such a large number of mature and semi mature broad leaved trees.
Should this application be approved we would like to see the recommendations laid out within the MWT Kewaigue Enterprise Park Preliminary Ecological Appraisal Report adhered to. We would also support DEFA Forestry's application for a full arboriculture method statement which
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includes details of construction methods where works will take place within the root protection zone of retained trees together with a detailed tree protection plan."
5.8 Business Agency (DfE) supports the proposal commenting (24.08.2023); "This comment has been provided by Officers from within the Business Agency and as such, should be considered as Officer comment only and, therefore, not the view or official position of the Business Agency Board, or political members of the Department for Enterprise.
The following comments on the scheme proposals, are made in light of the Isle of Man Economic Strategy: November 2022, which strengthens Government's economic drivers to 'develop a strong and diverse economy' by "investing in our people, our economy, our Island and our public services to secure 5,000 new jobs and a £10bn economy with infrastructure that can support 100,000 Island residents over the next fifteen years, with appropriate incentives / disincentives to achieve targeted and sustainable population growth". We note that the site is allocated for Industrial on the Proposals Map 4 Douglas forming part of the Area Plan for the East, approved by Tynwald on the 18th November 2020.
These proposals comprise the provision of 33 units with an internal floor area of 75m2 (800sqft) that will be able to accommodate a wide spectrum of general and light industrial uses, set in a landscaped environment.
The Design Report forming part of the application pack sets out that this scheme is the result of a feasibility study which identified a need for the business to diversify away from the brewery following a general decline in the number of people using pubs with the number of pubs having reduced considerably over time and brewing demand significantly reduced.
In carrying out the feasibility study, it became evident that with some internal re-planning of the existing warehouse, which includes a consolidation of the now oversized brewing area, H&B's various enterprises including head office personnel can be accommodated within the envelope of the existing warehouse. This frees up space for the area currently occupied by the current office block of 791m2 and associated car park to be developed. The proposed block of 30 units could potentially deliver a single unit of 2250m2, or 24,220sqft in addition to a separate block of three units totalling 225m2, or 2,420sqft, or variations thereof. This offers a level of flexibility given the options to take on multiples of units to accommodate a variety of business uses. In therefore reinforcing this eastern employment centre.
We note the comment; "Estate agents have advised that industrial units in the order of 75m2 (800sqft) with flexibility for 2 or more units to be merged as businesses grow is the current demand. Accordingly a proposal that has this flexibility in mind has been developed". The Agency has recently carried out market research with the Island's Commercial Agents noting that units up to 1,500sqft are the highest volume of units sold, or rented and that the greatest demand is currently for units under 10,000sqft. The agents also suggest that the availability of units up to 1,500sqft is in short supply. These proposals would therefore, appear to address that demand.
The Business Agency considers that the proposals, represent substantial investment in the Island's economy which would also play an important part in supporting the development of a strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which positively impacts all residents on the Isle of Man. I am grateful for this opportunity to offer the Business Agency's support for this scheme and trust you find our comments of use."
5.10 Manx Utilities - Electricity comment (07.03.2024);
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"I have had a quick look through the application. We did have some correspondence with the brewery about 18 months ago regarding electricity supplies for their site, but there was no mention of Solar PV at that time.
Based on the information provided, they are proposing to install 194 kilowatts (kW) of Solar PV on the existing warehouse building. They have made a statement within the design report that this is a longer term aspiration, so it is not clear exactly when the Solar PV installation would be done.
Manx Utilities have not undertaken any network modelling of the proposed Solar PV installation, but based on our experience of similar installations elsewhere on the island it is highly unlikely that we could allow 194kW to be connected at that location (later confirmed in an email this figure is a typographical error and should read 394kW). I would estimate that the total Solar PV that could be connected may be less than 200kW.
In relation to electricity supplies for the proposed new units, it would be down to the applicant to apply to Manx Utilities for electricity connections in the normal manner. It may be necessary to lay new electricity cables from the existing substation (located on the boundary of the site) to provide those supplies."
5.11 Manx Utilities - Drainage final comments indicate they have no objection (21.08.2024).
5.12 The Environment Directorate (Wardell Armstrong acting as the minerals agent), DEFA comment (09.10.2024); "All minerals existing in their natural condition were vested in The Department of Trade and Industry (now DEFA) under the Minerals Act 1986 (as amended). They are subject to licencing and a royalty payment on all material being removed from the curtilage of the surface holder's landholding (regardless of if they are being returned to the same landholding or if they are considered waste). Your proposal has the potential to intersect DEFA's minerals and therefore if any mineral is to be removed from the curtilage of the surface holder???s landholding, it is a requirement that you must contact DEFA's minerals team and obtain consent. Depending on the makeup and amount of material, the material removed may be subject to a royalty payment."
5.13 Private Representations The Department has received the following comments/objections from the following properties; o Brentwood, Ellenbrook Close, Douglas (17.10.2022, 31.07.2023 & 27.08.2024); o Fairways, Ellenbrook Close, Douglas (14.10.2022 & 08/08/2023); o Mount View, Ellenbrook Close, Douglas (20.10.2022 & 16.08.2024) - No Objection; o Kitzbuhel, Ellenbrook Avenue, Douglas (27.10.2022); and o Watertrough Cottage, Old Castletown Road, Douglas (10.08.2023 & 27.08.2024).
5.13.1 As outlined full representations can be viewed online. The following are summarised comments received; o Additional traffic would have an impact upon residents of Ellenbrook Estate; o Poor visibility leaving the industrial estate, which many incidents and accidents occurring over the years; o This site was given permission to be a brewery site with landscaping and is not an industrial estate; o Adverse impacts upon drainage and this area floods under the bridge; o Noise form the brewery already cause a disturbance to our quality of life, with vehicles leaving the site at 5.45am; o as passed as a Brewery that would have low impact to Residents at Ellenbrook estate in Kewaigue. Since then we have had TDL transport and Manx Telecom added to this site which the site was not originally intended for;
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o The impact of these extra companies causes more road noise from the extra vehicles and spoils the enjoyment of living on our estate; o Creating more warehouses would increase this problem by an unacceptable amount of traffic noise which is already high; o The planting of new trees will take many years to grow to the size of the trees that you are proposing to remove; o The noise impact of 33 new warehouses along with more service trucks working and reverse bleepers and not forgetting the staff vehicles is NOT acceptable when you are living here; o Whilst typing this letter there has been another incident involving 2 cars outside the brewery with the police and fire brigade in attendance and the road closed; o We have asked many times for a speed restriction on this road and have also complained to the brewery of unacceptable noise levels at early hours; o Entrance/exit risks - The existing sole site entrance/exit was never originally designed to accommodate the numerous large articulated lorries that now use the site, causing regular traffic issues/risks to road users and interruptions to the traffic flows; o Large articulated lorries often struggle to enter and exit the premises currently, without the additional increased inflow/outflow traffic of the proposed new Units; o The existing entrance and exit will be hazardous to road users/cyclists/pedestrians due to the increased volume of workers/visitors/suppliers/utilities traffic to each of the independent Units; o perhaps a new access road connecting through to the White Hoe estate could have been incorporated into the plans; o numerous traffic incidents/near misses regularly occur due to the 40mph (and often much higher) speeds at the single entrance/exit of the site; o Each additional Unit occupying the site will only have 2 allocated spaces, resulting in each additional Unit's workers/suppliers/visitors struggling to find free space to park, meaning they will end up overflowing into residential parking areas outside the site; o there is no indication of any limitations that will be placed on the independent Unit premises in such close proximity to a residential housing estate; o he increased site will mean higher CO2 levels, greater noise pollution and the potential for increased light pollution/disturbance for the residents of Ellenbrook Estate; o The overall utilities infrastructure will likely struggle with what is effectively a large development of new Units; o The revised application brought to our attention that only 3 units (Block A) are being limited to "Light Industrial" usage i.e. any activity that can reasonably be carried out in a residential area; o We would therefore like to ask the Planning Department to take into account the impact potentially 33 "new businesses" will have on the residents of Ellenbrook Estate and to consider limiting all 33 units to "Light Industrial" when making a decision, this will prevent excessive detriments (noise, pollution etc) associated with other General industries and may go someway towards lessening the effect the proposed new development, with its increased daily activity, will have on the quiet enjoyment of our homes; o There are already numerous industrial parks better suited to General industrial usage in the area which aren't located in a residential setting; o We appreciate the other noise buffering proposal but the further woodland planting on the Ellenbrook boundary will take a number of years to mature; o The projected Road Safety Audit figures for Arrivals and Departures, especially at peak times, which we note are based on UK database statistics rather than using actual traffic monitoring of comparable sites within the island, to provide realistic figures; o proposed development is directly across the road from my house, to date the Brewery have proved to be good neighbours, who are approachable should any problems occur and are always keen to find solutions to any issues, l I am not in objection to the planned development, but I do have two very important points of concern; o I would like to see the custodians of the site do what they can to protect the canopy around the periphery of this site to reduce noise;
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o The exit from the Brewery is very hazardous for vehicles. I would ask the committee as part of their review visit the site to see for themselves the danger of this road and try to get the DOI to implement some additional measures to slow traffic or provide additional awareness of the hazards. This could range from road painting, additional signage, road sensors; a change in speed limit and traffic cameras; o Due to the fact that the entrance to the site is situated a very short distance from a bend, it is already difficult to see exiting vehicles due to the poor line of sight; o At times the volume of traffic travelling past the site it quite horrendous; o To increase the size of the site will inherently increase the volume of traffic exiting and this will only lead to further accidents; o There are already plenty of warehouse in other industrial estates and feel any more are unnecessary;
5.13.2 Comments received after 14.08.2024 (latest consultation period); o No improvement have been made in any real way; o The whole proposed development would have a serious impact if our quality of living; o As the closest house to the entrance to the Brewery site I would simply restate my original to ask the applicant to ensure that there is plenty of tree cover / thick foliage round the perimeter of the site. This will help dampen the sound. There will be more coming and going so noise is important to me; o I think also the DOI should consider further traffic calming measures coming down to Kewaigue bridge(both sides);
6.0 ASSESSMENT 6.1 APPROACH TO ASSESSMENT 6.1.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application: (a) Principle of development; (b) The potential impact upon the visual amenities of the area; (c) Potential impact upon neighbouring amenities; (d) Potential impact upon highway safety / Parking provision / Travel Options; (e) Potential drainage/flooding issues; (f) Potential impacts upon ecology; (g) Economical benefits; and (h) Energy/Climate Change.
6.2 PRINCIPLE OF DEVELOPMENT (IOM Strategic Plan 2016 - Strategic Policy 1, 2, 6 & 7 - Spatial Policy 1 & 5 - General Policy 2 & 3, Business Policy 1, 2, 5, 7 and Area Plan for the East 2020 - Employment Proposal 1.
6.2.1 The starting point is the land use designation of the development site. As outlined within section 4.0 of this report the site is within an area designated as "Industrial". Therefore the proposal would comply with this designation.
6.2.3 Employment Proposal 1 outlines a number of existing industrial sites and there potential contribution to land supply (i.e. land available for future industrial development). Again, while not one of the sites outlined within Employment Proposal 1, this proposal clearly indicates that existing industrial land is suitable for development; including manufacturing; warehousing and distribution; office accommodation (subject to compliance with Strategic Plan Business Policy 7); or retail outlets (subject to compliance with Strategic Plan Business Policy 5). The proposed scheme would also comply with this proposal.
6.2.4 Overall, given the above reasons it is consider the principle of developing the application site as proposed is acceptable. This is not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if the whole development on the site is appropriate or not.
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6.3 THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA (IOM Strategic Plan 2016 - General Policy 2, Strategic Policy 4 & 5 and Environment Policy 1)
6.3.1 In terms of the potential impacts upon the visual amenities of the area, as outlined previously, the site benefits from large amount of screening in the form of mature vegetation which runs along the majorities of the sites boundaries, but especially those which run along the boundaries of the Old Castletown Road. These boundaries will remain in place as part of this development with further landscaping proposed. Furthermore, the finished floor levels of the new units (26.00) would be set below that of the ground levels of Castletown Road/Kewaigue Hill, ranging from approximately 2m to 11m in level.
6.3.2 While there will be some viewpoints which obtain some elements of the proposal; especially during autumn through to spring periods, namely through the landscaping; such views of the building again would not be adverse or significant and be similar to what currently occurs which is glances of built development on the site, through the vegetation. The new buildings, being closer to the Old Castletown Road will be more apparent from these limited views; but overall with the retention of the mature landscaping along the Old Castletown Road, the character and appearance of this area would not be significantly altered and will likely not be a noticeable change for the majority of person travelling past the site.
6.3.3 The main viewpoint of the proposals would be from the main entrance of the site; albeit given its location in relation to the proposed works and the existing/proposed additional landscaping within the site; only limited views would be seen of the proposals, within lonely the western most units being apparent. However, given the existing character of this viewpoint is of a large industrial/warehouse building; it is not consider the character from the main entrance along Old Castletown Road would significantly change either; appearing as an industrial site with landscaped boundaries.
6.3.4 The majority of the proposed units are standard industrial buildings in design, constructed with a steel frame with cladding to external walls and roof, with roller shutter doors to front elevations. There is however, proposed native climbing plants to the south- western gable elevation of Block B and Block A would have a similar proposed native climbing plants to its rear and side gable elevations and a grass roofing system. This is to encourage wildlife to the site but also these elevations face towards the Old Castletown Road and therefore help mitigate the visual impact of the development from public viewpoints.
6.3.5 It is noted that as part of the development, the proposal is to introduce native climbing plants which would be intertwined through exiting palisade fencing along the north western boundary of the site which faces, onto the adjacent IOM Steam railway line. While further details are need (landscaping condition), it is considered if this where to be successful it would help screen the storage area (stacks of barrels) of the Brewery site from the Stream Train, which currently in this section is not especially attractive.
6.3.4 Accordingly, the works proposed would not affect adversely the character of the surrounding landscape/townscape and would respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them complying with General Policy 2 of the IOM Strategic Plan and the Area Plan for the East.
6.4 POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES - (General Policy 2 and Environment Policy 22) 6.4.1 The residential properties potentially most impacted by the development would be those to the south of the site along Ellenbrook Close, namely Mount View (82m), Fairways (68m), Brentwood (58m), Bridgeburn (44m) and Kitterland (41m). Further there is the property of Watertrough Cottage (70m) which is south of the site. For information the distances listed are approximately the closest distance between those properties and the
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closest new units in the proposal. Block A is closer to the properties on Ellenbrook Close and Block B is closer to the property Watertrough Cottage.
6.4.2 It is noted that visiting the site the properties along Ellenbrook Close ground levels are raised above the application site and that of the Castletown Road/Kewaigue Hill. Furthermore, Ellenbrook Close (road) which runs parallel with the Castletown Road/Kewaigue Hill is separated by a mature landscaping strip which accommodated hedgerows and mature trees.
6.4.3 Accordingly, given these factors and also given the existing/proposed landscaping within the site and the sites ground level being significantly lower than the neighbouring properties, it is considered the physical built development (i.e. new units) would not have any significant impacts upon residential amenities in terms of loss of light, overlooking and/or having an overbearing impacts upon outlook to warrant a refusal.
6.4.4 It is considered the potential main impact is the general additional traffic generated by the development and the use of the light industrial units and what pollution (noise/smells) would potential affect the amenities of the neighbouring properties.
6.4.5 In relation to the use of the units; there was some initial concern of the units being proposed for general industrial with some light industrial. In terms of the definition of "general industrial" and no information was submitted in terms of how such uses would potential impact neighbouring properties in terms of noise or smells etc. The Department advised that is such uses was to be proposed noise assessments and/or additional reports would be required to fully assess the potential impacts to neighbouring properties. In response and following discussions, the applicants accepted that all the new industrial units would be for light industry uses only (Use Class 2.2). As outlined in the IOM Strategic Plan (and the Use Class Order), light industrial uses are defined as; "...means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles...;".
6.4.6 Accordingly, it is considered the use of the units would not have any significant impacts upon neighbouring amenities, given the uses which would be able to operate are those which would be appropriate within residential areas. Furthermore, the distances between the units and the neighbouring properties; level differences between the site and neighbouring properties; existing (and proposed) landscaping within the site and area; and a main road runs between the site and neighbouring properties which also gives rise to an existing level of noise and general disturbances of passing traffic would all ensure no significant impacts would be created by the uses of the industrial units upon the neighbouring residential properties.
6.4.7 With regard to traffic generation; the applicants have submitted a Transport Impact Assessment. It should be noted this assessment has not been updated since the original submission where there where 34 units proposed. The current proposal is for 33 units. Accordingly, the assessment is based on 34 units; however, it is not considered a reduction of 1 unit alters the findings of the assessment. The Transport Impact Assessment namely focus on highway safety and impacts upon the highway network. However, the potential traffic generated by the proposal is also a useful when judging the level of potential impacts upon neighbouring residential amenities by the traffic generated by the development.
6.4.8 In terms of traffic generation the assessment estimates the vehicle trip generation of the existing brewery/distribution centre and the office and indicates that the existing site generates approximately up to 312 two-way vehicle trips per day (07:00-19:00).
6.4.9 In relation to what traffic generated by the new development (based on 34 units) the assessment estimates that the development could be expected to generate up to 8 two-way
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trips during the typical network AM peak hour and 11 during the PM peak hour, with 194 two- way trips throughout the day (07:00-19:00).
6.4.10 These figures combined give an estimated trip generation of the existing uses (minus a section of the existing office uses) and the proposed units would result in; "...up to 34 two-way vehicle trips during the typical network AM peak hour (08:00-09:00) and up to 24 two way vehicle trips during the PM peak hour (17:00-18:00), with 417 daily two-way vehicle trips (07:00-19:00)."
6.4.13 The properties most likely to be affect by the additional traffic entering and existing the site are the two properties; Mount View and Fairway on Ellenbrook Close, which are directly opposite the entrance to the site, both approximately 27m away. It is noted that there is a grass bank/landscaping along the southern side of the Castletown Road/ Kewaigue Hill which is located between the site entrance and the neighbouring properties and Ellenbrook Close. The neighbouring properties also have a mature hedgerow fronting their properties.
6.4.14 The amount of total traffic coming to leaving the site would increase from the existing figure of 312 two way vehicle trips per day, up to 417 two way vehicle trips per day with the new and existing development which is just over 100 additional vehicle movements each day (between 07:00-19:00) which equates to 8.7 additional two way movements per hour over the course of 07:00-19:00. The total amount of traffic over the same periods equates to 34.7 two way movements per hour. Given the site is on a major route with passing traffic to and from Douglas, there is already a level of disturbance and background noise from traffic.
6.4.15 A number of potential conditions were considered which controlled the noise limits from the new units to neighbouring properties which also vary between certain hours of the day/night, insulation of the units and days of operation. Such conditions where attached to an industrial site development for 17 general industrial units, approved under application 19/01448/B (and 13/00386/B which was approved at appeal which had such conditions attached also - Inspectors Report attached), which raised potential concerns of impacts upon neighbours, by the industrial uses nearby. However, a significant difference between the two applications was that the PA19/01448/B was for general industrial units, whereas the current application is for light industrial units, which as outlined previously have far less of an impact than general industrial units. Furthermore, the applicants highlighted this point and considered such condition/s are unnecessary due to this use. The Department would share this conclusion for the further reasons outlined in this report in relation to impacts upon neighbouring amenities and therefore such conditions are not proposed. It is also noted that other legislation is in place to deal with statutory nuisances.
6.4.16 While the increased level of traffic resulting from the development will increase the level of noise/disturbance, it is considered for the reasons outlined the impact would not be so significant to warrant a refuse on this ground and comply with General Policy 2 and Environment Policy 22.
6.5 POTENTIAL IMPACT UPON HIGHWAY SAFETY / PARKING PROVISION / TRAVEL OPTIONS - (Area Plan for the East - Development Brief 1, Transport Proposal 1 & 2; Isle of Man Strategic Plan - Strategic Policy 10, General Policy 2, Transport Policy 2, 4, 5, 6, 7 & 8; Climate Change Act 2021; Manual for Manx Roads and Active Travel)
Highway Safety/Traffic Generation 6.5.1 As part of the submission a Transport Assessment (TA) and a Road Safety Audit have been undertaken. This looks into the existing situation in terms of road layouts within the existing/proposed site and the overall highway network in the area as well as considering a number of Government Documents which seek sustainable modes of transport and less reliance on cars. The assessment also ensures the proposed road layouts and access onto
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Castletown Road/ Kewaigue Hill (A6) are appropriate and safety for the overall level of development proposed.
6.5.2 In terms of the character of the road network which would access the site the assessment comments that; "Kewaigue Hill is classed as a primary road in the Isle of Man's, road network and is subject to a 40mph speed limit, although this does decrease to 20mph approximately 320m to the west of the site within the vicinity of Kewaigue Primary School. The road measures approximately 6.9m in width and is not subject to any parking or waiting restrictions within the vicinity of the site. Kewaigue Hill runs between the Ellenbrook Avenue/Old Castletown Road junction approximately 160m to the east of the site access and the A5 New Castletown Road/Cooil Road roundabout approximately 1km to the north west of the site." 6.5.3 And "Old Castletown Road is a two-way single carriageway which runs between the Bridge Road/South Quay mini-roundabout approximately 1.5km to the east and the junction with the A5 approximately 8.1km to the south-west near Ballasalla. Old Castletown Road measures approximately 6.7m in width, and is subject to a 40mph speed limit. The road is not subject to any parking or waiting restrictions within the vicinity of the site."
6.5.4 And "Approximately 30m to the south-west of the site access, Kewaigue Hill provides access to Ellenbrook Drive via a simple priority T-junction. Ellenbrook Drive is a two-way single carriageway cul-de-sac that measures approximately 5.1m in width and is subject to a 20mph speed limit."
6.5.5 The submitted TA indicated that in relation to highway safety that; "A road casualty study showed three PICs occurred within the study area around the proposed development site during the five-year study period. Analysis of the study collisions has not revealed any identifiable existing collision issues associated with the expected movements of the proposed development, therefore it is considered that there are not any existing road safety issues pertinent to the development of the site. If the proposed site access arrangements and internal roads are designed with due consideration to road safety, then the proposals should not have a detrimental road safety impact on the local transport network and should not adversely affect the safety of other road users."
6.5.6 The TA also outlined a Road Casualty Appraisal, which was obtained from the DOI. The survey period was between 01/01.2020 and 31/12/2022. Over the study period three collisions occurred within the study area which includes an approximately 480m section of the Old Castletown Road and a number of local junctions, namely Outside Auto Electrical - Old Castletown Road, Junction at Old Castletown Road on approach to Kewaigue Hill and Old Castletown Road/A6 Kewaigue Braddan junction. The TA concludes on this point that; "A total of three collisions, resulting in three casualties, have occurred within the study area during the study period. Analysis of the study collisions has not revealed any identifiable existing collision issues associated with the expected movements of the proposed development, therefore it is considered that there are not any existing road safety issues pertinent to the development of the site."
6.5.7 The figures indicated within section 6.4.7 to 6.4.10 of this report in terms of traffic generation should be considered, which indicates that the new proposals would generate 8 two-way trips during the typical network AM peak hour and 11 during the PM peak hour, with 194 two-way trips throughout the day (07:00-19:00).
6.5.8 Highway Services have considered the potential impacts of additional traffic generated by the development and any potential highway safety impacts of users of the existing vehicles access onto Castletown Road/Kewaigue Hill and have raised no concerns; commenting:
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"...the modest increase in trips anticipated from the intensification of the site can be accommodate on the existing highway network and access satisfactorily. Any stopping on the highway to turn right from the public highway into the site access would be short lived and of small queue lengths."
6.5.9 Significant weight is attached to the findings on the comments received from Highway Services who have raised no objections to the proposal.
6.6 Sustainable travel 6.6.1 The TA outlines that in terms of the site sustainability that; "The site is located within a reasonable walking distance of a large built-up area of western Douglas. The site is located within reasonable cycling distance (8km) of a number of settlements including the entire built-up areas of Douglas, Willaston, Onchan, Union Mills and Glen Vine. The nearest local bus stop to the site is located an approximately 250m walk to the east of the site on Old Castletown Road and provides access to the #4, #14 and #29 services which provide daily services in each direction between local destinations such as Douglas and Castletown and Peel. The nearest rail station to the site is Douglas Rail Station, located approximately 1.7km to the north-east of the site. The station provides seasonal Isle of Man Steam Train services that run from March until October which provide access to Castletown, Port St Mary and Port Erin."
6.6.2 As identified the Castletown Road/ Kewaigue Hill (A6) are "Primary" routes in terms of the road hierarchy in and out of Douglas. It is also noted that land to the northwest of the site (DE002g designation within Area Plan for the East) and north east (DE001g, DE007g and DE004g Tech Park) have all been designated for new "Industrial/Tech Park" development under the Area Plan for the East given the areas good transport links. While the above areas are not specifically mentioned within the Written Statement of the Area Plan for the East or the Inspector report at the Public Inquiry to the Area Plan, it is noted that site DH008 - Land adjacent to Ellenbrook, Douglas which is designated as a Strategic Reserve Site for Residential Development was considered acceptable by the Inspector who commented; "The site is within the Active Travel Investment Plan Area, being little more than 11⁄4 miles from the town centre of Douglas, which could be reached via South Quay, without having to negotiate the congested Quarterbridge roundabout. Housing here would be within easy reach of the existing and proposed employment opportunities in the Nunnery corridor, and in the Cooil Road area, either on foot or by bike. And it would also be close to the bus route along Castletown Road. Furthermore, the site would be reasonably accessible to the employment centres at Ronaldsway Airport and in Ballasalla." 6.6.3 And "Development of this site would undoubtedly result in a loss of countryside, and have a visual impact which some local residents may find regrettable. However, in my view, it would have considerable advantages in terms of sustainability. I recommend that Site DH008 should be shown in the Area Plan as strategic reserve land for possible future residential development."
6.6.4 While the comments where on the bases of additional residential development; it is clear the Inspector considered it suitable for development give its location to Douglas and its sustainability. Accordingly, it is not considered unreasonable to apply similar conclusions to the proposed development which has very similar benefits in terms of active travel options and closeness to Douglas.
6.7 Parking provision 6.7.1 The parking standards set out in Appendix 7 of the Isle of Man Strategic Plan 2016 of 1 space per 30sqm for light industrial units/R&D, 1 space per 50sqm for general industrial units and 1 space per 100sqm for Storage and Distribution.
6.7.2 Consideration of parking not only for the needs of the proposed new units, but also the rest of the existing units/uses on the whole site.
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6.7.3 With regard to the new 33 light industrial units (2,343sqm - 71sqm net floor space each unit) there would be a requirement of 71 spaces. The existing brewing/warehouse, distribution (4.393sqm) and office space (220sqm) within the main building equates to total parking requirement of 59 (4,613 sqm). Accordingly, the existing and new units would have a total parking requirement of 130 parking spaces accordingly to the parking standards of the IOM Strategic Plan.
6.7.4 The proposed plan indicate a total of 128 parking spaces within the site, and thereof red arguable a shortfall of two. However, it is noted that area around the existing main brewery building is likely to be able to accommodate any additional parking demand. Aerial photograph shows a variety of vehicles parked along the north eastern and western boundaries of the site. Accordingly, given the sites sustainable location and cycle parking within the site the proposal is considered to meet the parking standards of the IOM Strategic Plan and would not result in any significant offsite parking in the area, being able to accommodate the parking requirements within the site itself.
6.8 Highways Summary 6.8.1 The Transport Assessment concludes that; "...Based on the trip generation projections, the development is not expected to have a detrimental impact on the operation of the local junctions. Therefore, as the impact of the proposed development is not expected to be severe, the proposals are considered to be in accordance with local planning policy. It is concluded from the assessments within this TA that the proposed development would be expected to have an acceptable impact in terms of sustainable travel, traffic impact and road safety."
6.8.2 The Department gives significant weight to the conclusions of Highway Services who find the overall development and it impacts in relation to highway safety, traffic generation and consequence impacts upon the highway network to be acceptable. The fact remains as more development planned under the Area Plan for the East is undertaken, the greater impacts on the highway network there will be. The Area Plan for the East Written statement on this issues states;
"The supporting evidence for the Isle of Man Strategic Plan 2016 examined the effect of the proposed level of development on the highway system. Essentially, the evidence demonstrated that the highway network could cope with the expected traffic growth up to 2026."
6.8.3 The development has clear outlined a number of sustainable transport options which would meet the aims of Strategic Policy 10 which seeks new development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement. The proposal meets all of these aims as well of those of the Active Travel Plan, Manual for Manx Roads and the Area Plan for the East. For the reasons outlined it is considered the proposed development at the level indicated, would be acceptable form a Highway Safety point of view and while it will have an impact on the surrounding highway network by additional traffic begin generated, the impacts are not so significant to warrant a refusal.
6.9 DRAINAGE - (IOM Strategic Plan - Environment Policy 7, 10, 13, 22 & 25 and Area Plan for the East - Utilities Proposal 1, 2, 5 & 6 and Natural Environment Proposal 1 & 2) 6.9.1 Dealing with flooding relating matters, Manx Utilities Drainage have considered the scheme and have raised no objections in terms of surface and foul drainage into the main sewer system. The scheme does include a new attenuation system (beneath estate road near entrance to site) which would collect and store surface water before gradually realising water in a controlled manner into the main. It is noted that during the application Manx Utilities indicated (06.03.2024) that:
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"Manx Utilities currently have a scheme designed and approved to abandon this wastewater pump station and divert flows by the construction of a gravity sewer into the adjacent sewerage network. It is anticipated this scheme will commence in the next few months with flows being fully diverted by Mid-2024." 6.9.2 And "Whilst Manx Utilities have no objection to the proposed development, no wastewater flows will be permitted to enter the existing public sewerage network until such time as the wastewater pump station has been decommissioned and the new section of gravity sewer has been constructed. Surface water flows from the proposed development must be attenuated prior to discharge into the existing culvert that crosses the development site"
6.9.3 The Department sought calcification on whether the works had been completed and Manx Utilities advised (17.09.2024) that; "Currently the works are schedule to take place in April 2025 lasting approximately 8-10 weeks (although we have not tendered this yet), I am however considering pulling this forward to try and complete MU project before April 2025."
6.9.4 Overall, all the relevant drainage authorities have considered all aspects of drainage for the scheme and have raised no objection. Accordingly, given the comments received and as Building Regulation will also considered drainage aspects the Department is comfortable that all aspects of drainage is acceptable. However, a condition should be attached for further details for the attenuation tank to ensure it is fit for purposes and also a Grampian style condition which indicates no development shall commence until such time as the wastewater pump station has been decommissioned and the new section of gravity sewer has been constructed as per Manx Utilities correspondents.
6.10 POTENTIAL ECOLOGY IMPACTS - (Environment Policy 4, 5 & 7 and Climate Change Act) 6.10.1 The main concerns raised by the Ecosystem Policy Officer and Forestry, Amenity and Lands Directorate relaters to the removal of trees/landscaping/grassland within the site by the development.
6.10.2 The submission includes an Arboricultural Impact Assessment (Manx Roots) and a Preliminary Ecological Appraisal Report (Manx Wildlife Trust).
6.10.3 Within the Arboricultural Impact Assessment this indicates that the proposal would require the removal of 12 category C trees, 15 category B trees, and 1 category A group to facilitate the proposed development. Another category A group and one category C group will also need to be partially removed. It should be noted Group G3 which is located most centrally within the site. An updated Arboricultural Impact Assessment was submitted which indicated: "The group contains 44 live trees with stems over 8cm at 1.5m above ground level. The group also contains six specimens with stem diameters below this size limit, three dead trees and many shrubs, including Fuchsia, Escalonia and dog wood. Within the documented trees, nine species were recorded but the group consists predominantly of silver birch (27%), field maple (20%) and wild cherry (14%), all of which are native to the Isle of Man or the wider British Isles."
6.10.4 It should be noted that the majority of the trees proposed to be removed are within the site and the existing wooded area (annotated as G1) which runs along the Castletown Road is to be retained, with the exception of a few.
6.10.4 The Preliminary Ecological Appraisal Report does not identified any rare and protected species (plants) within the site, there are no Red listed species of Fungi within the site. There are 16 records of bats feeding approximately 20m to the south of the site and a roost of bats have been recorded 380m to the west of the site. There are no Common Lizards or Common Frogs within the site. The report also indicates that;
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Woodland "The site is surrounded by areas of mixed and broadleaved woodland characterised by immature to semi-mature trees up to 12m high..."
Amenity Grassland "An area of amenity grassland borders the woodland in the southern part of the site. At the time of survey this was closely mown..."
Birds "During the survey, approximately ten Rook (Corvus frugilegus) were seen to regularly use a tree in the southern part of the site. Chaffinch (Fringilla coelebs) was noted in the wooded area in the south-west of the site and Barn Swallow (Hirundo rustica) feeding over the amenity grassland.
The site contains nesting and foraging habitat for a range of species, such as Chaffinch and Blackbird (Turdus merula), within the wooded areas. It is well connected to the adjacent riparian woodland habitat of Middle River Wildlife Site."
Bats "There are 16 records of bats within 500m of the site, including a Brown Long-eared Bat roost. The wooded part of the site provides suitable foraging and commuting habitat for bats and is well connected to good habitat within Middle River Wildlife Site. Trees within the site do not provide suitable features for roosting bats, however the building due to be demolished (B1) has potential roost features (PRFs) under slates and in roof ventilation."
Invertebrates "The site provides habitat for a range of common invertebrates, within areas of woodland and amenity grassland."
Potential Ecological Impacts 6.10.5 Accordingly, the Preliminary Ecological Appraisal indicates the potential loss of trees/scrubs (1ha), amenity grassland (0.4ha), buildings (nrs 2), birds, bats and Schedule 8 plant species will have a potential impact due to the loss of nesting, foraging and habitats for wildlife by the development. The Preliminary Ecological Appraisal does make a number of recommendations which are considered some could be conditioned should the application be approved. Some of the recommendations (par 6.2 of report) have been included within the design of the scheme/amended plans which include; o The loss of any trees should be compensated for by the replacement planting of native woody species within the site; o Areas of woodland and grassland should be retained where possible for their value to wildlife including selective coppicing, programme of grasslands/wildflowers; o 25 swift bird boxes installed; o Prior to any work commencing on the building, a preliminary roost inspection must be undertaken; o Areas of green walling to be created through the incorporation of climbing plants on the South West gable of Block B and the south west and north east facing elevations of Unit A; o Planters incorporated where indicated planted with specimen trees and native woody shrubs to help maintain habitats/create extended habitats; o Site to be down lit through lights being mounted on the building to minimise light pollution into the surrounding woodland with operational times restricted to avoid light pollution at night; o Ground cover planting to slopes and climbing /trailing plants to be installed at the bottom of/along the top of retaining walls; and o Mowing of the grassland areas beyond the entrance gateway to be limited to perimeter cutting only during May to August to allow wildflowers to flower and set seed, with cut areas adding to the structural diversity.
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6.10.6 The applicants have also identified that; "Whilst the requirement for no nett loss in terms of biodiversity should of course be the aspiration for all projects, at the moment there seems to be no agreed way of calculating this."
6.10.7 They also highlight that the site is currently 48% green (14794m2) and although in green space terms there is an overall reduction of 11% (1674m2), in biodiversity terms we have added more woodland where only grass currently prevails, introduced 893m2 of more diverse green habitats, together with 25 swift boxes with a view to creating a new colony.
6.10.8 Furthermore, the site is not within an Areas of Special Scientific Interest or other ecology designations and no evidence is submitted which demonstrates the site has any significant ecological interest. Strategic Policy 4 is referred to within the Ecosystems Policy Teams comments. This states that 'proposals for development must: (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas'. It should be noted that preceding text (the text within the IOMSP has the same planning weight as the policy) of this policy indicates:
"4.3.6 This landscape heritage is more than simply the sum of its parts. The combination of geology, geomorphology, wildlife, archaeology, history, traditional buildings and the natural settings for traditional activities and customs, combine in the rural and built environment to provide an inseparable element of "Manxness". It provides an overarching context which makes the landscapes of the Isle of Man unique and gives them the value which is acknowledged by those who live here and those who visit. The protection and promotion of this element within Manx society is an important element in central Government policy and the Strategic Plan, which both support the view that these valued characteristics of the Isle of Man be acknowledged and protected for the future from inappropriate development.
4.3.7 This protection will apply to areas of heritage value, to sites of heritage value and to general traditional landscape settings within the Island which are deemed to contribute to the sense of the Island's heritage identity. Heritage landscape value will therefore be a consideration in all aspects of planning, with a view to retaining and enhancing this value wherever possible."
6.10.9 The trees/landscaping/grassland on this site is not considered to; "contribute to the sense of the Island's heritage identity" and is not considered to be of a quality or interest to seek its protection in relation to the aims of Strategic Policy 4.
Potential Tree Loss Impact's 6.10.10 The applicants have indicated that they have identified this concern and have reduced Block A from 4 units to 3 units to retain more green space to allow more woodland planting to take place in the vicinity of Ellenbrook Close (circa 910m2 of green space) and in addition, planting can be intensified in the 440m2 area in front of the car park. The applicants highlight that the submitted amended landscape plans will help mitigate tree loss on the site, increasing the density of planting along this boundary will improve visual screening and enhance noise buffering in the Ellenbrook direction
6.10.11 The applicants acknowledge that the scheme would result in the loss of 2,540m2 meaning canopy cover is expected to be reduced by circa 21% on the overall site. They do highlight that the Arboricultural Assessment sets out how the proposals meet 5 of the 7 tests set out in Agriculture and Lands Directorate's Tree Protection Policy for development including the second test which reads; "The proposed development should not include the removal of more than 50% of existing tree canopy cover from the site". They also acknowledge that it is the Category A group in the middle of the site (G3), which accounts for circa 10% of canopy cover loss (970m2), which is the main focus of concern. As explained in their design report, this Category A group is hidden from public view by the dense perimeter woodland that we have endeavoured to ensure remains largely unaffected by the proposals.
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6.10.12 The final comments of the Forestry, Amenity and Lands Directorate still raise concern of the proposed landscaping and it would create a conflict between the trees and the road and do not represent suitable mitigation for this site and that they believe that; "...a balance will not be able to be struck between tree removal and re-planting on this site".
6.10.13 In terms of the visual impact of the loss of the trees the Arboricultural Impact Assessment indicates that; "the visual impact of the proposed tree removal to the public is expected to be low as the trees are not generally visible outside of the site.". This assessment is agreed, with the trees been removed are significantly screened from all of public views and therefore the loss does not have any impacts upon the character and appearance of the area from public viewpoints.
6.10.14 The Arboricultural Impact Assessment does acknowledge that the; "loss of arboricultural value associated with this development will be significant due to the requirement to remove the large category A group, G3, and the removal of 9 category B trees from the North-East end of the group, G1.".
6.10.15 The submission includes a tree protection plan which should be conditioned if the application is approved. Both the Ecosystem Policy Officer and Forestry, Amenity and Lands Directorate have sought conditions (even with both parties still objecting) for further ecological mitigation plan written by a suitable qualified ecological consultancy be provided which is considered acceptable. Further landscaping plan and no external lighting plan be installed unless a sensitive low level lighting plan has been submitted for approval. Both as advised in the recommendations of the Preliminary Ecological Appraisal Report (Manx Wildlife Trust).
Summary 6.10.16 Overall, the proposal is considered to comply with Environment Policy 4 given it would not have an adverse impact upon any international, national or local protected species or habitats as none have been identified on this site as being affected. The trees within the site are not designated as being within a "woodland" under the Area Plan for the East. The trees lost do not have any significant public amenity value for the reasons outlined previously and therefore comply with Environment Policy 3.
6.10.17 The Climate Change Act was approved by Tynwald in July 2021 and received Royal Assent in December 2021. There are various parts to it and not all have been brought into effect. The two sections which relate to planning have not yet been enacted. Therefore this Act has little planning weight at this time albeit, its direction of travel is relevant.
6.10.18 While the loss of the amount of trees does weigh against the development, this impact needs to be weight against other material consideration outlined in this report. It should be noted however, that the site is designated for industrial development and therefore there is a presumption in favour of development of the site. Furthermore, the site while having landscaped areas is already used for industrial activities and development of existing sites should always be encouraged before the development of greenfield sites which generally required expansion into the open countryside.
6.10.19 It is considered with the ecologic proposals within the application currently and with appropriately worded conditions; the proposal could be considered to mitigate the loss of ecological elements. Arguably it is a matter to balance the benefits of the development against the negatives. The impact on the ecology and loss of trees is a negative impact weighting against the development.
6.11 ECONOMICAL BENEFITS - (A Guide for Applicants: Supplementary Guidance on Economic Issues - December 2022, Area Plan for the East - Employment Proposal 2 and IOM Strategic Plan - Strategic Policy 6 & 7, Business Policy 1, 2 & 5)
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6.11.1 The recently published "Supplementary Guidance on Economic - December 2022" provides advice to applicants in terms of the relevant economic matters that will be considered as part of any applications, especially those which have the potential for substantial business growth and benefits to the economic. This guidance links to the relevant planning policies of the IOM Strategic Plan and those in this case in the Area Plan for the East which are outlined in the policy section of this report.
6.11.2 This reflects the Tynwald approved "Economic Strategy" which followed the "Our Inland Plan". Within the forward of the latter it states;"...to develop a strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which will positively impact all residents in the Isle of Man."
6.11.3 The Business Agency of Department of Enterprise have written in to support the applications and highlight that they had carried out their own market research with the Island's Commercial Agents noting that units up to 1,500sqft are the highest volume of units sold, or rented and that the greatest demand is currently for units under 10,000sqft and that the availability of units up to 1,500sqft is in short supply and therefore these proposals would therefore, appear to address that demand. This would appear to tally with the applicants own market research with local estates agents that units proposed are in demand.
6.11.4 The applicants also comment that once construction of the units is complete, based on statistics gained from the Employment Land Review where 42m2 is generally required for general industrial and 52m2 for light industrial, we would envisage space for somewhere between 42 and 52 jobs will have been created depending on whether unit uptake is light industrial or general industrial (application is for light industrial only) and overall 80-90 jobs will be safeguarded/created. The size of the units is particularly targeted at start-up businesses, so we would envisage many of these jobs would be new ones. The proposed works within the existing building will also be of benefit to the employment situation as this too will helps preserve jobs/create space for other activities to take place on site. They applicants supporting statement (agents response to representations 17.07.24) also highlights that the site location will allow businesses to start up or relocate close to town will help with vibrancy and vitality of Douglas and while there are a number of sites designated across the Island for similar potential developments, none are as close to the city of Douglas and shipping links.
6.11.5 It is clear from the submission that the proposal would bring economic benefits to the IOM and met the aims of the Government and the Isle of Man Strategic Plan and Area Plan for the East, especially as the site is designated for such development, with good sustainable and transport links, namely to Douglas Port.
6.12 Energy/Climate Change (Energy Policy 5 & Climate Change Act) 6.12.1 As outlined in Energy Policy 5 development for more than 5 dwellings or 100 square metres of other development should be accompanied by an Energy Impact Assessment to demonstrate what measures have been taken in the design of the development to reduce energy consumption and increase energy efficiency.
6.12.2 The submission includes the installation of 782 photovoltaic modules on the main south facing roof of the existing warehouse can be installed to produce 380MWh. The submission indicates that the wattage produced by the photovoltaic equates to a CO2 reduction of 149.08 tonnes per annum or the planting of 6847 trees. From 1st January 2024 Climate Change Act 2021 requires Building Control authorities to reject new applications for new buildings containing fossil fuel heating systems.
6.12.3 The applicants do appear to indicate that such solar provision would only be done at a time when Manx Utilities are in a position to accept exports from large green energy projects such as this as the cost of batteries to store surplus energy produced generally makes schemes
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such as this non-viable. On this matter Manx Utilities have advised they have not undertaken any network modelling of the proposed Solar PV installation, but based on our experience of similar installations elsewhere on the island it is highly unlikely that we could allow 394kW and in fact estimate that the total solar PV that could be connected may be less than 200kW. Accordingly, while the applicant's aims appear to be more longer term, they are acceptable from a planning perspective and the works proposed to install solar PC panels are supported and raise no objection. However, the applicants may not be accommodated by Manx Utilities at this time, due to constraints to the Grid in this location.
7.0 CONCLUSION 7.0.1 Overall, it is considered the proposal has a number of material planning matters which need to be considered. The proposal would be developing a site which is designated for industrial development and which also has a significant amount of industrial/office uses existing. This is not a green field site, but a site which has a significant amount of built development and industrial uses existing.
7.0.2 The development will change the landscape/character of parts of the southern part of the site, from one a private landscaped gardens associated with the brewery, to an industrial development; albeit from public viewpoints the impacts would not be significantly adverse, and as discussed within this report it is considered the visual harm caused by the development is not so significant to warrant a refusal and the individual character of this area of Douglas would be protected. There are no concerns with the scales, mass, heights and designs of the units.
7.0.3 The proposal would equate to a sustainable development given its closeness and good pedestrian and cycle links to residential areas in Douglas and also Douglas City Centre/Port and would meeting the overarching aims of the IOM Strategic Plan i.e. "Towards a Sustainable Island" and other Government Document's seeking sustainable development and Active Travel.
7.0.4 There are no highway safety/parking concerns raised by the development and while the proposal will increase traffic generation it has been confirmed by Highway Services that this would not have an unacceptable impact to the existing highway network.
7.0.5 The surface water runoff and foul drainage have all been accommodated in a suitable and acceptable way for the relevant drainage authorities.
7.0.6 There are potential impacts to ecology and loss of a number of trees on this site. This issue will be likely to a number of similar sites which have been designated on the edges of settlements or on site designated for development but with areas of landscaping within the Area Plan for the East. However, as outlined while there is an impact, it is considered with the proposed mitigations and further conditions for further mitigation attached, any approval these would help reduce the impacts.
7.0.7 Furthermore, within the Inspector Report for the Area Plan for the East it is perhaps worth noting comments made in relation to re-use of underused land, which is considered the application could be described as. The Inspector stated: "...At the same time, I have attempted to limit the amount of 'greenfield' land to be released for immediate development, so as to encourage the re-use of vacant and underused land, particularly in the urban area of Douglas. I have attempted to focus development in the main service centres and service villages, rather than in smaller settlements that have relatively few facilities and services, in order to limit the amount of unsustainable travel that prospective residents would have to make for their day to day needs. And I have attempted to limit the amount of development proposed in the countryside, so as to protect the most versatile agricultural land and conserve the rural landscape, in accordance with Strategic Plan policy."
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7.0.8 Finally, in terms of the economic benefits, it is clear from the submission that the overall site will bring a number of job opportunities, potentially in a variety of different skilled and non-skilled roles which can only be a benefit to the IOM economy and its residents.
7.0.9 It is considered for the reasons indicated within this report the proposal overall, would not have any significant adverse impacts upon public or private amenities and would therefore comply with;
Isle of Man Strategic Plan 2016 Strategic Policy 1, 2, 4, 5, 6, 7 & 10; Spatial Policy 1 & 5; General Policy 2; Environment Policy 3, 4, 5, 22 & 42; Business Policy 1 & 2; Transport Policy 2, 3, 4, 5, 6, 7 & 8; Energy Policy 5 of the Isle of Man Strategic Plan 2016;
Area Plan for the East 2020 Natural Environment Proposal 1; Transport Proposal 1 & 2; Utilities Proposal 1, & 5, 6; Employment Proposal 1.
Climate Change Act 2021
Manual for Manx Roads
Our Island Plan January 2023 - Update 24/25
Active Travel Plan Travel Investment Plan 2019
A Guide for Applicants: Supplementary Guidance on Economic Issues - December 2022
7.0.8 It is recommended that the planning application be approved, subject to conditions for the reasons given.
8.0 INTERESTED PERSON STATUS 8.0.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.0.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status.
8.0.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted
Committee Meeting Date: 30.09.2024
Signed : C BALMER Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
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