27 May 2021 · Delegated - Principal Planner (Sarah Corlett)
Bulk Gas Storage Installation, Balthane Industrial Estate, Balthane, Ballasalla, Isle Of Man, IM9 2al
This application requested the removal of Condition 6 attached to the previously approved PA 19/01421/B, which permitted erection of 11 units for general industrial/light industrial/storage/distribution with associated parking on the former gas storage site at Balthane Industrial Estate, Ballasalla.
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The officer considered the main issue to be whether removing Condition 6 would increase detrimental impacts on Ronaldsburn watercourse water quality and downstream effects.
General Policy 2
Requires development in zoned areas to respect site surroundings, avoid adverse impacts on landscape, wildlife/habitats including watercourses, provide safe access/parking, and not prejudice adjoining land or pose flood risk. Officer found proposal compliant as it aligns with industrial zoning, includes mitigation for watercourse via approved drainage, and matches estate practices.
Environment Policy 7
Prohibits development harming watercourses unless mitigated; requires identification of watercourses, risk assessment, pollution measures, phased works, and 8m buffer. Assessed via approved drainage scheme with oil interceptor and attenuation, supported by DEFA; proximity concerns overruled as previously approved.
Environment Policy 29
Requires consultation with Health and Safety Inspectorate for Major Hazard Consultation Zones, prioritising public safety. Site is former Major Hazard site at Balthane Industrial Estate; no specific concerns raised in assessment as development aligns with prior approvals.
Environment Policy 26
Prohibits development on/near contaminated land unless no unacceptable risk to health/property/watercourses. Site is former gas storage (potentially contaminated); supported reclamation but no specific contamination issues raised for this variation.
Environment Policy 1
Directs industrial uses to Balthane Industrial Estate. Site zoned Industrial; proposal enables approved industrial units.
Time limit
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.
Landscaping scheme
The development shall not commence until a hard and soft landscaping scheme has been submitted to and approved in writing by the Department. Such scheme shall include details of all walls, fences, trees, hedgerows and other planting to be retained, new walls, fences and other boundary treatments and finished ground levels, planting specification including numbers, density size species and positions of all new trees and shrubs, location of grassed areas, details of hard surface treatment of the open parts of the site and a programme of implementation. All hard and soft landscaping works shall be carried out in accordance with the approved programme of implementation. Any trees or plants which within a period of five years from the date of planting die are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of species and size first approved in writing by the Department. All hard landscaping shall be permanently retained. Reason: To ensure the provision of appropriate landscape setting for the development.
Vehicle parking and turning
The development hereby approved shall not be occupied or operated until the vehicle parking and turning areas have been provided in accordance with approved plans and the parking and turning areas shall thereafter shall be kept available for the parking and turning of vehicles associated with the development. Reason: In the interests of highway safety.
Bicycle storage
The development hereby approved shall not be occupied or operated until bicycle storage has been provided in accordance with details first approved in writing by the Department and the bicycle storage shall thereafter be permanently retained. Reason: To promote sustainable travel in the interests of reducing pollution and congestion.
Visibility splays
There shall be no obstruction to visibility splays higher than 1.05m above adjoining road level forward of a line drawn 2m back from the nearside carriageway edge at the centreline of the access extending 36m in each direction. Such visibility splays shall be provided before the construction of the buildings hereby approved is commenced and shall be permanently maintained free of obstruction thereafter. Reason: In the interests of highway safety.
Primary Drainage Scheme
The development hereby approved shall not be occupied or operated until the Primary Drainage Scheme has been provided in accordance with the approved plans (Drawing No. 19-110/50) and shall be permanently retained thereafter and solely for the purpose of surface water drainage. Reason: To ensure that there are no adverse impacts on the Ronaldsburn watercourse.
Construction Environmental Management Plan
The development hereby approved shall not be commenced until details of a 'Construction Environmental Management Plan', which details the measures to be taken to protect the watercourse during construction, have been submitted to and approved in writing by the Department. Reason: To ensure that there are no adverse impacts on the Ronaldsburn watercourse during the construction phase of the approved development.
Do not oppose
Do not oppose
no objection provided that there is no adverse effect on the adjacent watercourse
supports removal of condition 6 providing oil interceptor and attenuation pond installed and maintained; common practice to discharge to nearest watercourse
support for application; recommended conditions for Construction Environmental Management Plan, soft landscaping replacement, and bird bricks/boxes
no objections
DEFA Fisheries has no objections provided no adverse effect on the adjacent watercourse. Several other consultees including DEFA Environmental Protection Unit support removal of Condition 6 with mitigation measures, while Manx National Heritage objects and Derbyhaven Residents’ Society strongly objects due to environmental concerns.
Key concern: potential pollution and silt discharge from surface water runoff into Ronaldsburn affecting downstream ASSI
DEFA Fisheries Directorate
No ObjectionDEFA Fisheries Directorate have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse. This is due to the nature of both the watercourse and the proposed works.
Conditions requested: no adverse effect on the adjacent watercourse
Derbyhaven Residents’ Society Ltd
ObjectionDRS objects to the removal of Planning Condition 6 and consequently, objects to this planning application 21/00294/B; we are extremely anxious that the water quality is not compromised through unnecessary discharges into the Ronaldsburn
Conditions requested: suitable controls to avoid silt discharge into the Ronaldsburn during construction; SuDS approach including porous paving and shallow swale; petrol interceptors
Manx National Heritage
ObjectionWe therefore wish to support the submission for retaining condition 6 of this planning application; the proposed development would constitute an over intensive use of the site and would fail to incorporate the existing topography and landscape features
Ecosystem Policy Officer (DEFA)
Conditional No ObjectionI recommend that an additional condition is included for the applicant to provide a Construction Environmental Management Plan
Conditions requested: Construction Environmental Management Plan detailing measures to protect the watercourse during construction prior to works taking place; bird bricks/boxes as mitigation for the loss of nesting habitat; replacement soft landscaping
Malew Parish Commissioners
No ObjectionMalew Parish Commissioners have no objections to the following Planning Applications... 21/00294/B
DOI Flood Risk Management
No CommentFlood Risk Management do not have any opinion in this matter; DNO
Conditions requested: Completion and submission of an “Application for consent for works affecting watercourses” form
DEFA Environmental Protection Unit
Conditional No ObjectionEnvironmental Protection Unit support the removal of condition 6 providing an oil interceptor and attenuation pond is installed and maintained
Conditions requested: oil interceptor and attenuation pond is installed and maintained to protect the watercourse; applicants will need to contact the Environmental Protection Unit to apply for the necessary discharge licenses
