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23/01499/C Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01499/C Applicant : Freight Hub Limited Proposal : Additional use of industrial estate to include parking and storage use Site Address : Land At Clock Tower Industrial Estate Foxdale Isle Of Man
Planning Officer: Mrs Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 30.01.2024 __
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. Notwithstanding the information provided within this application, permission is only granted for the parking of a tractor unit, a 7.5 tonne truck and a 9m long trailer as shown on the Proposed Site Plan, dated 18th December 2023 and a pallet truck as stated on an email dated 29th January 2024, and no other vehicles or items.
REASON: To safeguard the character of the area and planning approval only sought the above and therefore considered on these basis only.
This application has been recommended for approval for the following reason. This application has been recommended for approval as it is deemed to be in accordance with General Policy 2, Strategic Policies 1, 6 and 7, Environment Policy 10, Business Policies 1, 2 and 5, and Transport Policies 4 & 7.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 21st December 2023; o Existing Site Plan o Location Plan
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o Land Ownership Plan o Proposed Site Plan o Planning Statement
This decision also relates to additional information date received via an email on the 29th January 2024. __
Interested Person Status - Additional Persons
Department for Infrastructure's Flood Risk Management Team and Manx Utilities should both be afforded interested person status as they are a Government Department/Manx Utilities and have commented on material planning considerations. __
Officer’s Report
THE APPLICATION SITE
1.1 The application site is a parcel of land situated just off Mines Road, within the Clocktower Industrial Park, which is approximately 0.38 of an acre.
1.2 The site is a mix of scrub land to the outer perimeter and gravel to the middle of the site.
1.3 To the North of the site is the Victoria Clock Tower, which is a Registered Building (No.286), to the West of the site is Bettridge, which is a car sales and garage, to the South of the site is are industrial buildings and to the East is scrub land.
THE PROPOSAL
2.1 The current planning application seeks approval for the parking of three vehicles;
2.2 Within the planning statement, the Trailer is stated to be off the site most of the week and would only be on Island one day of the week.
2.3 The application form states that there is proposed to be "materials in relation to freight hub limitied," as such additional information was requested of which the application states the following (29.01.24), "For clarity, the only items that may be stored in the vehicles will be a basic tool kit in the event of any emergency mechanical issues that may arise, a mechanical lifting aid being pallet truck to assist with moving pallets on the vehicle deck and ratchet straps to secure loads.
The pallet truck is approximately 1.5m L X 0.60 W."
PLANNING HISTORY
3.1 The following are applications upon the site,
PA20/00776/MCH - Minor changes application to PA 15/00978/B involving alterations to road design, width of carriageway and footpaths - Withdrawn PA19/01444/B - Erection of 26 dwellings with associated highways, public open space, drainage infrastructure and landscaping - Withdrawn
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PA15/00978/B - Residential development of 24 dwellings with parking arrangements, roads, vehicular access, sewers, services, open space play facilities and landscaping - Permitted PA12/01358/B - Erection of timber stables - Permitted PA09/00519/B - Access amendment works - Permitted PA07/01141/B - Erection of an agricultural storage building - Permitted PA00/01883/A - Approval in principle for residential development comprising 27 dwellings - Refused PA99/01440/B - Erection of stable building - Permitted
PLANNING POLICY
4.1 The front half of the site is zoned as "light industrial" with the rear of the site being zoned as "predominantly residential," and within a "nature conservation zone," upon the Foxdale Local Plan 1999.
4.2 FOXDALE LOCAL PLAN 1999
4.2 The following polices are with regards to the site being within an area on Contamination;
4.2.1 F/P/E/1 Policy - The site between Bawden's Shaft/ the former brickworks, and Maghie's Quarry - now known as the Clocktower Industrial Estate - shall be designated for industrial purposes as was approved under PA88/1161 (see Section 4). However, any proposals for further development of the site must include a review of the existing drainage infrastructure which has been installed within the site to ensure that all works have been undertaken such that any contamination present does not spread through the water courses to other parts of the village and beyond. All pipework must be non-porous and attention should be paid to the treatment of the banks of Struan Barrule to provide for geotechnical stability, safety, pollution control and access for maintenance vehicles working on the river banks themselves.
4.2.2 F/P/E/2 Policy - In areas where there is a known risk of heavy metal pollution (see paragraph 2.2i), the following guidelines must be applied when a development is proposed; i) any development proposal must be accompanied by a full site investigation including both geotechnical and geochemical reports. ii) planning applications should address the best practical options for dealing with any contaminated fill either by removal to an approved site or by isolating it in situ. iii) where, for historical reasons mine spoil is existing within a development and it is unrealistic to remove/cap it, then adequate landscaping should be specified. This may include a low-cost solution of revegetation with indigenous species provided that the Department can be satisfied that an adequately stable surface can be created. This is particularly important where slopes in spoil are adjacent to stream courses and in such cases the Government may wish to enter into a joint scheme to obtain other benefits for the community such as an access, nature trail or riverbank stabilisation programme. If possible any future landscaping scheme should include an area of impeded drainage in the hope that nature can be assisted to re-create the varied and valuable plant community previously existing and include northern marsh orchid Dactylorchis and Adderstongue Fern, Ophioglossum Vulgatum. iv) where proposals contain existing or proposed slopes made or cut into toxic fill/mine waste adequate attention must be paid to stope stability, likelihood of gullying or other threats which may mobilise toxic materials to the environment. v) planning applications should show how any toxic fill is to be prevented from being mobilised both during the course of development and afterwards. vi) surface and stormwater drainage must be fully specified in plans where the land contains toxic fill/mine spoil. The general principle will be to keep surface waters and subsurface drainage away from the fill where practical. Thus drainage from roofs and tarmac/concrete must be routed through solid/walled pipes to the stream network.
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vii) if possible schemes should be value-added in environmental terms: for example where field drains carry water into an adjacent area of spoil the developers should be encouraged to construct interceptor drains to avoid water entering spoil beneath the development. viii) no soakaways will be permitted in these areas. ix) plans which show proposed open space (grassed areas, gardens, etc) over toxic waste should show in adequate detail how toxic material is to be isolated from both exposure at the surface and the ingress of drainage water. This will normally mean either the use of clay or installation of a membrane barrier. x) no bare ground, either as open space or trackways, made of spoil or toxic waste should be permitted. Where activities are likely to cause wear to the surface than those areas should be capped with an inert cover to a standard specification. xi) a condition may be attached to any planning approval granted such that adequate aftercare/landscaping is undertaken.
4.3 The following polices are with regards to the land zoning of the site;
4.3.1 F/P/I/2 Policy - Industrial development shall only be permitted within the scheme area where this is of the type described as light industrial in paragraph 4.9 above and is proposed only in those areas so zoned on the accompanying proposals map. No industrial development will be approved outside this area, particularly in the countryside surrounding the village.
4.3.2 F/P/1/3 Policy - No further development except that with existing detailed approval and relevant conditions thereoto shall be approved in the above industrial area until such times as the appropriate course of remedial action as proposed by the environmental study has been carried out to the satisfaction of the Department, is satisfied that adequate provision has been made for the restoration and de-contamination of the industrial area.
4.3.3 F/P/I/3 Policy - If the opportunity were to arise, the Department would encourage the relocation of the scrap yard at the southern end of the A3 to the industrial area, the site, including the Youth Centre, may then be redeveloped for residential or retail purposes or any other purpose which would not conflict with the objectives of this plan.
4.4 Given the nature of the application it is appropriate to consider the following Isle of Man Strategic Plan 2016 policies; Strategic Policy 1 - development should be located to make best use of previously developed land, redundant and underused buildings and utilising existing infrastructure Strategic Policy 2 - focuses new development in existing settlements unless it complies with General Policy 3 Stratgeic Policy 4 - proposals for development must not cause or lead to unacceptable environmental pollution Strategic Policy 5 - new development, should be designed to make a positive contribution to the environment of the Island Strategic Policy 6 - seeks that employment generating development is on zoned land Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel Spatial Policy 3 - identifying Service Villages Spatial Policy 5 - new development will be in defined settlements only or in the countryside only in accordance with General Policy 3 General Policy 2 - set out detailed 'development control' considerations Environment Policy 7 - sets out that development must not cause demonstrable harm to a watercourse, wetland, pond or dub. Environment Policy 22 - seeks development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties. Environment Policy 26 - development will not be permitted close to contaminated land unless it can be demonstrated that there is no unacceptable risk to health, property or adjacent watercourses.
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Environment Policy 27 - seeks to enhance the natural environment including sites contaminated by former mine workings. Environment Policy 42 - new development should be designed to take into account the character and identity of the area Community Policy 7 - designed to prevent criminal and antisocial behaviour Community Policies 10 & 11 - implement best practice so as to reduce the outbreak and spread of fire Business Policy 1 - seeks the growth of employment opportunities Business Policy 5 - seeks that on land zoned as industrial, permission will only be given for industrial/storage and distribution. Transport Policy 7 - set out parking standards in connection with Appendix 7 Infrastructure Policy 5 - methods for water conservation.
4.5 Light industrial is also defined within the Strategic Plan as, "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."
REPRESENTATIONS
5.1 The following representations can be found in full online, below is a short summary;
5.2 No comments have been received from Highway Services at the time of writing this report.
5.3 Patrick Commissioners have considered the application and state that "No comment would be made." (12.01.24)
5.4 DOI Flood Risk Management have written in to state that, "Flood Risk Management would like to point out that the proposed area is a flood risk zone and close attention should be paid to the weather forecasts and severe weather warnings." (02.01.24)
5.5 DEFA Ecosystems Policy Officer has considered the application and state that whilst they have no objections to the proposal, it is noted there is Japanese Knotweed on the site and that this should be managed. (11.01.24)
5.4 MUA Drainage have considered the application and raise no objections to the proposal. (24.01.24)
ASSESSMENT
6.1 The main issues to consider in the assessment of this planning application are as follows:
6.2 PRINCIPLE
6.2.1 The land designation is for light industrial, of which the Isle of Man Strategic Plan states a "light industrial building" as a use which could be carried on or installed in a residential area without the detriment to the amenity of that area. Whilst this is for a "light industrial building"
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the overriding principle is the same. Add in the fact that storage and distribution is Class 2.4 of Part 2 - other office and industrial uses in the Town and Country Planning (Use Classess) Order 2019.
6.2.2 It could be stated that the overall principle of parking vehicles for extended periods of time as in accordance with the overall principles of both the "light industrial building" and Class 2.4 and as such the proposal would accord with the provisions of Strategic Policy 1, 6, 7 and Business Policy 1, 2, 5 of the Isle of Man Stratgeic Plan 2016.
6.3 CHARACTER AND APPEARANCE
6.3.1 Turning towards the character and appearance of the site, overall the area within the Clocktower Industrial Estate has an appearance of an industrial area, with the site in particular being scruffy in its appearance. There has been a long historic continued use of the storage of vehicles upon the site itself, with the earliest view of cars on the site being from Google Maps, which is dated October 2010.
6.3.2 With the above in mind the parking of the proposed vehicles within the site would not be something which would look out of place. Whilst this is the case, due to the area itself it is necessary to make sure a condition is attached that it is only for the vehicles requested so that the site in question does not turn into a car park.
6.3.3 As such the proposal from a character and appearance point of view would accord with the provisions of General Policy 2(b), (c) of the Isle of Man Strategic Plan 2016.
6.4 NEIGHBOURING AMENITY
6.4.1 It is unlikely that there would be an impact on the amenities of the neighbouring residential properties, with most properties being a suitable distance away from the site, it is also noted that no representations have been received from either the neighbouring properties or the neighbouring industrial units. As such from this point of view the proposal would accord with the principles of General Policy 2 (g) of the Isle of Man Strategic Plan 2016.
6.5 HIGHWAY SERVICES
6.5.1 Turning towards whether there would be an impact upon Highway Safety. The proposal is unlikely to have an adverse impact upon the highway safety of the area, with the site having ample space for the turning of the vehicles and the parking of the vehicles, it is also noted that DOI Highways has reviewed the application and has raised no objection. As such the proposal would accords with the provisions of Policies Transport Policy 4 and Transport Policy 7 in the Isle of Man Strategic Plan 2016.
6.6 FLOOD RISK
6.6.1 it should be noted that the site is situated within a Flood Risk Zone, whilst this is the case, the proposal does not add any built development to the site which could increase the flood risk of the site overall, with the proposal being for parking. As such from this point of view a Flood Risk Assessment would not be required.
6.7 ECOLOGY
6.7.1 The Foxdale Local Plan 1999, states that the area around Maghie's Quarry, there is the possibility of uncommon moss which needs to protected is present. Whilst references are made to Maghie's Quarry being situated within/near the Clocktower Industrial Estate, no maps or direct location markers have been provided. As such, whilst it is noted and there are policies in
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place to protect the moss, this application is for the parking of vehicles which would have a minimal impact upon the watercourses and shouldn't impact any possible moss on the site.
CONCLUSION
7.1 Overall, the proposal itself is not for a built development which would require that the land be managed due to the contamination and risk to the environment, but for the parking of vehicles which would have a minimal impact upon the site as a whole, due to the amount of parking that is required.
7.2 Whilst this is the case, due to the policies within the Foxdale Local Plan and the Isle of Man Strategic Plan regarding the safeguarding of the environment a condition should be attached to state that the application is just for the proposed vehicles, so that the site can be suitably managed.
7.3 As such the proposal is recommended for approval with the above condition.
INTERESTED PERSON STATUS
8.1 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.
8.2 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 __
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 31.01.2024
Determining officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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