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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00220/B Applicant : Mongoose Limited Proposal : Erection of eight industrial units / commercial / storage units with associated roads, footpaths and vehicle parking Site Address : Land Off Harcourt Drive Balthane Industrial Estate Balthane Ballasalla Isle Of Man
Planning Officer: Mr Paul Visigah Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.04.2021 __
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 meaning of development in Section 6 of the Town and Country Planning Act 1999 or any act revoking or re-enacting that Act, no mezzanine floor shall be constructed without a further application for planning approval being submitted and approved.
Reason: the parking provision is considered acceptable on the basis of the floor area of the proposed units as shown in the submitted plans and on only one floor of accommodation per unit.
C 3. The development hereby approved shall not be occupied or operated until the cycle parking, pedestrian and vehicle arrangements have been provided in accordance with the approved plans (101 Rev 0 and SM21/535/3). Such areas shall remain free from obstruction thereafter and remain available to the users of the corresponding industrial unit.
Reason: To ensure that sufficient provision is made for cycle storage, off-street parking and turning of vehicles in the interests of highway safety.
C 4. All planting, seeding or turfing comprised in the approved details of landscaping (SM21/535/3) must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the units, whichever is the sooner. Any
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trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
C 5. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the units hereby approved shall only be used for General industrial (Class 2.3) and/or Storage/distribution (Class 2.4) and for no other purpose at any time.
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.
This application has been recommended for approval for the following reason. The development complies with Employment Recommendation 1, Employment Proposal 2, and Landscape Proposal 19 of the Area Plan for the South and with General Policy 2, Strategic Policy 6 and Transport Policy 7 of the Strategic Plan.
Plans/Drawings/Information; This decision relates to the Supporting Letter and Drawing Nos. 1903E/01, 1700/100, 1700/101, 1700/102, SM21/536/1, SM21/535/2, SM21/535/3, all received on 18 February 2021, and email from agent dated 29 April 2021. __
Interested Person Status - Additional Persons
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 Utilities Drainage __
Officer’s Report
THIS APPLICATION IS REFERRED TO PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE SITE 1.1 The site is situated in a parcel of land which lies within Balthane Industrial Estate but abuts the A5 Ballasalla to Castletown Road between the Airport Garage and West Wind and Sycamore Cottage - residential dwellings. The Ballasalla Airport Garage abuts the southwest boundary of the site, while Optical House is the property on the southeast boundary. The Northwest and northeast boundary is bordered by the broader site area which has a boundary with the Douglas Road (A5) on the northwest, Sycamore Cottage and West Winds to the north and Balthane Farm to the northeast. Access is presently only from Balthane via Harcourt Drive which links the site to the estate and Balthane Road. The applicant owns the land to the northwest and northeast of the application site.
2.0 THE PROPOSAL 2.1 The application seeks planning approval for erection of eight industrial units / commercial / storage units with associated roads, footpaths and vehicle parking.
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2.2 The development would comprise an industrial block housing 8 industrial units of the same size, with the layout set out such that four units would back the other four units. All the units would be of the same size 18m x 11m and would integrate a W.C measuring 1.5m x 2m on the front elevation. This pitched roofed building would be 5.2m high to the eaves and 7.2m to the roof ridge. 16 GRP rooflights would be installed on each roof plane (four serving each of the industrial units. The front elevation of each units would have a roller shutter door 3.5m wide and 4.3m high, as well as a large glazed section (double glazed powder coated aluminium) 2.7m wide and 4.8m high subdivided into six units which would include the pedestrian entrance door to the units. None of the units is shown as having a mezzanine level.
2.3 The units would be constructed with steel portal frame and rafter sections. The roof would be finished in 80mm thick insulated composite panel sheeting with a PIR, LPC approved foam insulated core formed with the insulation material bonded between the outer 0.5mm thick plastisol coated weather sheets. The wall sides are to be clad in 60mm thick PIR core composite panel sheeting complete with vertical corner flashing and bottom cill flashings. The plastic coated vertical box profile sheeting to be Anthracite grey.
2.3 Each of the units would have a vehicle access point which would be sufficient to park a car, separated from two parking spaces (3m x 6m) on the frontage and would link directly to the access and general parking areas situated to the east of the units and providing 11 additional parking areas measuring 3m x 6m. Therefore, 26 parking spaces will be provided in front of the units and 11 additional parking areas created on the south-eastern side of the new industrial block, totalling 37 parking provisions. The access and parking areas would be finished in concrete, tarmac or block paving.
2.4 The development would include the planting of additional trees and shrub/hedge, added to the 40 plus trees that are in existence around the perimeter of the site and that measures have been included to ensure their protection during the building works. The news plantings would comprise ornamental trees selected from native species including Betula Utilis Jacquemontii -'Snowqueen', 'Trinity College'.
2.5 The applicants have also indicated that cycle storage facility would be included on site, situated on the north elevation of the units. The cycle storage which will be manufactured from 50 x 50mmm boxed steel would be 2m high, 1.9m wide and will be chosen from a selection of 2, 4 or 6m lengths. The racks would be Sheffield Toast Racks.
2.6 Other woks would include the creation of footpaths around the new industrial block. The new footpath would be about 1.5m wide. The applicant has also indicated on the Landscape Plan that a new pedestrian link would be created from a car park within the wider site area to the bus stop by the Ballasalla Airport Garage which abuts the site. This is, however, outside the red line boundary and as such would not be assessed in this application.
2.7 The applicants have provided additional information on the use of the units upon request by the Planning Officer dated 29 April 2021. The additional information indicates that: i. The industrial units would be used for both general industrial and storage/distribution. ii. The units would have 29 dedicated parking spaces, together with the eight spaces in front of the proposed units.
3.0 PLANNING POLICY 3.1 The site lies within an area of Industrial Use on the Area Plan for the South. The site is not within a flood risk area as indicated on the Isle of Man Indicative Flood Risk Maps, although the northern end of the broader site area is considered to have low likelihood of surface water flood risk. There is a development brief contained with the Area Plan for the South Written Statement which states the following:
3.2 "Employment Proposal 2:
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It is proposed that Site 4 to the north east of the Freeport should be designated for Office and/or Industrial Use and be subject to Development Brief 4.
6.9 Site 4 Location: North-east of Freeport, Malew Proposed designation: Office/Industrial Development Brief 4:
a. Vehicular access must be from the Balthane Industrial Estate Road. Emergency access only will be allowed from the Main Road (A5); b. Parking matters; c. Building size and design; and d. Landscaping; provision must be made for a substantial landscaped area adjacent to the Main Road."
3.3 Landscape Proposal 19: New industrial or commercial buildings at Balthane and Ronaldsway Business Park and the Freeport, which would be visible from the A5 or the Steam Railway, should be of high-quality, functional design. This proposal will also apply to buildings which would be visible from the by- pass once a route has been firmly determined.
3.4 Section 3.24: Summary of Area Plan Proposals vi. There is support to improving access to and the generally poor physical environment in Balthane Industrial Estate.
vii. Office or Industrial development will be acceptable on Site 4.
3.5 Employment Recommendation 1: It is recommended that the Department of Infrastructure, the Department of Economic Development and Malew Parish Commissioners work collaboratively to produce a strategy for improvements at Balthane Industrial Estate. This will include general environmental improvements, and also improvements in respect of access, lighting and infrastructure in an effort to ensure that the Estate is an attractive place for both users and customers.
6.8.4 Ronaldsway Industrial Estate is located to the west of the Airport. The Estate is largely made up of a mix of industrial uses but includes other non-industrial uses such as the Sefton Express Airport Hotel and Ronaldsway playing fields and associated facilities. The playing fields are in private ownership and any use of them is entirely at the discretion of the owners, currently the RLC Engineering Group Limited. Some of land to the front of the Sefton Express is proposed to be retained as Open Space as it provides a valuable landscaped buffer between the road and the Ronaldsway Estate and contributes to the general appearance of the area.
6.8.5 Ronaldsway occupies a prominent and well laid out site within the South and as such is considered suitable for Business Park uses. This designation, however, shall not affect the current businesses on the Estate. Other uses may be better directed towards Balthane. Business Park development can be defined as land for light industrial purposes, warehousing, new technology companies involved in scientific, commercial, or industrial research or development and office accommodation as the Corporate Headquarters of companies having multiple and diverse interests (but excluding financial/professional services to visiting members of the public); buildings should be set in parkland which should dominate the landscape (taken from Appendix 1 - 'Definitions' - The Isle of Man Strategic Plan, 2007).
3.6 The following policies within the Strategic Plan are also considered relevant to the current application:
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3.6.1 General Policy 2: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
(a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan and (m) takes account of community and personal safety and security in the design of buildings and the spaces around them".
3.6.2 Strategic Policy 6 Major employment-generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans.
3.6.3 Strategic Policy 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, except where those uses would be inappropriate or incompatible with adjoining uses.
3.6.4 Strategic Policy10 New development should be located and designed such as to promote a more integrated transport network with the aim to: minimise journeys, especially by private car; make best use of public transport; not adversely affect highway safety for all users, and encourage pedestrian movement.
3.6.4 Business Policy 1
The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.
3.6.5 Business Policy 2 Land for industrial development should be designated in all parts of the Island, having regard to: (a) scale, which should be appropriate to the area; (b) the availability of public transport links; (c) the proximity of labour; and (d) the availability of water, sewerage and other utilities
3.6.6 Business Policy 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 except where either: (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area.
3.6.7 Transport Policy 7
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The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7.
3.6.8 Within the strategic plan paragraph 9.2.3 defines industrial buildings as follows; "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:
The strategic plan defines "general industrial building" means an industrial building other than a light industrial building or a special industrial building;
"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.
"special industrial building" means an industrial building used for the carrying on of processes (including storage) which may be particularly offensive by reason of noise, smell, vibration, smoke, soot, ash, dust, grit, or fumes, or dangerous by reason of the storage or use of dangerous or inflammable material, or inimical to public health by reason of vermin or other causes.
4.0 PLANNING HISTORY 4.1 Approval in principle has been granted for the erection of 34 industrial / commercial units addressing siting and means of access under PA 19/01344/A in November 2019. Previously permission was granted for the creation of a fenced storage compound under PA 09/01796/R.
4.2 The current application runs contemporaneously with the following applications for similar works on other sections of the broader site area, although at varying scales:
4.2.1 PA 21/00416/B for Erection of six industrial units / commercial / storage units with associated roads, footpaths and vehicle parking (Pending Consideration).
4.2.2 PA 21/00418/B for Erection of seven industrial units / commercial / storage units with associated roads, footpaths and vehicle parking (Pending Consideration).
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
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5.1 The Department of Infrastructure (DOI) Highways Division have indicated support for the application in a letter dated 12 March 2021, subject to conditions to allow pedestrian and vehicle arrangements to accord with Drawing No: 101 Rev 0 and cycle parking and pedestrian link to bus stop to Drawing No: SM21/535/3. They also recommended that electric vehicle charging points should be considered to aid low emission objectives.
5.2 The Head of DEFA's Health and Safety Regulation Directorate has made the following comments regarding the application in a letter dated 3 March 2021:
Please note that the hazardous site in this location has been decommissioned and should no longer be a concern to HSWI. I have notified DOI mapping and am awaiting an update of the maps.
5.3 DEFA's ecosystem Policy Officer confirms that they are happy with the landscape proposals as shown in the Landscape/Site Works Plan and ask that this is secured as condition of approval (17 March 2021).
5.4 Manx Utilities Drainage have made the following comments regarding the application in a letter dated 23 March 2021: Please can you advise your client of the communication fee of £12,000.00 that is payable to Manx Utilities. Your client would also need to complete and send the attached form 'connection to a Public Sewer' to Manx Utilities prior to any connections being made to the public sewer.
5.4.1 Further to their previous comments, Manx Utilities Drainage have indicated that they have no objection to the application subject to conditions related to surface water discharge, connection to public sewers, and compliance with the Sewerage Act 1999 (23 March 2021).
5.5 Malew Parish Commissioners have stated that they have no objection to the application in a letter dated 8 April 2021.
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; i) the principle of the proposal (SP6, 7 & BP1, 2) ii) visual impact/impact on the wider environment (EP 22 and GP2 b, c & f) iii) impact on the neighbouring amenity (GP2g & EP 22) iv) impact on the highways & parking (TP7, GP2 h & i, SP10)
6.2 Principle of the Development
6.2.1 The site is designated for industrial purposes so the principle of the development of industrial units here is acceptable. In addition, Landscape Proposal 19 of the Southern Area Plan Written Statement clearly indicates that industrial are allowable at Balthane, the Ronaldsway Business Park, and the Freeport provided they are of high-quality and functional design (particularly those visible from the A5, Steam Railway). The use of the site for industrial purposes (which includes general industrial and storage and distribution) clearly aligns with the previous approval in principle granted for the erection of industrial units on the site. This has been clearly articulated in section 4 of this report.
6.2.2 The proposed scheme would also align with Strategic Policy 6 which takes into account the need for employment generating developments to be sited on land for which they are zoned for (as identified on the Area Plans); a condition which the development would comply with given that the site is zoned for industrial use. The sites proximity to a major employment area on the Island (South - Castletown, Port Erin, Port St Mary, Ballasalla, Colby and Ballabeg), where there would be easy access to labour, with the location also benefiting from an integrated transport network would further ensure the use is in accordance with SP6. As the
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proposal could potentially offer employment opportunities to this area, this aspect would further be compliant through BP1 and BP2, and is encouraged.
6.2.3 Based on the foregoing, it is considered that the principle of the proposed development on this site would be acceptable.
6.3 Visual Impact/impact on the wider environment
6.3.1 In terms of visual impacts of the development on the sit and surrounding area, it is noted that the proposed development would feature a modern building (with several units) designed specifically for general industrial/storage and distribution use and finished in a functional appearance to reflect the character of Balthane Industrial Estate. The scale of the development would be proportionate to the site and the individual units have been designed to serve that specific purpose in terms of size, height and appearance. There would be limited public views of the site from the A5 (Douglas Road) given that this block would be situated south of another block which would be about 14m from the highway, and any views obtainable when passing would be read in the context of the broader industrial estate. Besides, the design of the building is such that would be considered to be of high quality and functional; ensuring that it conforms with Landscape Proposal 19 of the Area Plan, and would be appropriate for the site context without appearing as an incongruous feature.
6.3.2 The positioning of the industrial block and layout of the site area is considered to be an enhancement to the character and appearance of the site over and above the present context (which is undeveloped), making a positive contribution to the wider environment in accordance with SP5. Moreover, the scheme is also deemed to be an acceptable form of development when considered in the light of General policy 2 (b & c) as the works would improve the appearance of the site area and ensure it is in keeping with the broader industrial area.
6.3.3 Another factor that bodes well for the scheme is the fact that the trees on the boundary of the broader site area would be retained, with the current proposal introducing new plantings (ornamental trees and shrub/hedge) around the proposed units; all of which would be native species.
6.4 Impact on adjacent properties (GP2g and k, and EP 22)
6.4.1 With regard to impact on nearby properties, it is considered that the nearest industrial building the Ballasalla Airport Garage on the southwest is approximately 21m away while Unit F6 - Bryan House would be approx. 26m from the southern elevation of the unit, with the unit only offering a ground floor level and as such it is not considered that there would be any detrimental impacts on these properties in terms of overlooking and overbearing impacts. In terms of impacts on neighbouring residential amenity, it is considered that the nearest dwelling 'West Wind' is situated 47m from the new industrial block, while the nearest building at Sycamore Cottage is 55m away; distances which diminish the chances for any detrimental impacts to result from the scheme. Based on the foregoing, it is considered that the separating distance between the units and the nearby residential properties would ensure that any impacts in terms of emissions, vibrations, odour, noise or light pollution would be negligible.
6.4.2 Overall, it is therefore concluded that the proposed development would not result in harm to neighbouring amenity through overlooking, leading to a loss of privacy or loss of light through the building having an overbearing impact. As well, there would be no harm resulting from the buildings general appearance on the nearby properties, given the intermediate distances, design, scale and massing of the building which is considered compliant with those sections of General Policy 2(g).
6.5 Impact on the Highways and Access
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6.5.1 The comments from Highways services are heavily relied upon and in this instance, as the parking provision, pedestrian and vehicle access arrangements, and bicycle storage provisions are considered to be acceptable, save for the imposition of conditions to ensure that these elements of the scheme are implemented within the scheme.
6.5.2 From review of the submitted documents, it is also considered that the proposed parking provisions would be sufficient for the number of units proposed for the site. This is based on the fact that the units would serve general industrial and storage and distribution purposes. With regard to general industrial use, the standard stipulates that one parking space be provided per 50 square metres gross floor space. As the eight block unit is 1584 square metres in area, 32 spaces (approx.) would be required. Thus the 37 parking provisions would be more than adequate.
6.5.3 On the other hand, the units were used solely for storage and distribution which requires one space per 100 square metres gross floor space, then the 1548sqm of floor space will require approximately 16 parking spaces. Given that the units are not particularly designated for any specific use, it is noted that there would be a mix of the uses at various proportions or combinations for which the 37 spaces provided on the site would still be appropriate. As such, it is considered that the available parking provided wold be more than sufficient for the proposed development, ensuring that the development complies with Transport Policy 7 and General Policy 2 (h).
6.5.4 It is also considered that the proposal is unlikely to give rise to significant negative impacts on the adjoining network in terms of highway safety or network efficiency with the site traffic being accommodated onto the existing network via Harcourt drive which is an unadopted but established highway. This element of the development is therefore considered to be compliant with Transport Policy 7 and GP2 h & i, and Strategic Policy P10.
6.6 Other Matters
6.6.1 Request for conditions on drainage and surface discharge: Whilst Manx Utilities Drainage has requested that conditions be imposed to control drainage and surface discharge, these are the subject of other regulatory controls such as the Sewerage Act 1999, and as such would be better addressed via the appropriate instruments under these controls. Based on the foregoing, no conditions in this regard have not been recommended within this scheme.
7.0 CONCLUSION 7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, and is recommended for approval.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The decision maker must determine:
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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 in Article 6(4) who should be given Interested Person Status.
8.3 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. __
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.
Decision Made : Permitted
Committee Meeting Date: 10.05.2021
Signed : P VISIGAH 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
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