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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00746/B Applicant : Dandara Commercial Limited Proposal : Erection of 20 industrial/storage and distribution units in two separate blocks Site Address : Plot Of Land East Of Block H Balthane Park Balthane Ballasalla Isle Of Man IM9 2AX
Planning Officer: Mr Paul Visigah Photo Taken :
Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 28.10.2021 __
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. 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.
C 4. The development hereby approved shall not be occupied or operated until the pedestrian and vehicle arrangements, and pedestrian link to Douglas Road have been provided in
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accordance with the approved plan (APL21 Rev A). 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 off-street parking and turning of vehicles, and pedestrian movements in the interests of highway safety.
C 5. The development shall not be occupied or operated until the details of secure and covered cycle storage has been submitted to and approved in writing by the Department. The secure and covered bicycle store shall be provided in accordance with the approved details and shall thereafter be retained as such.
Reason: To promote sustainable travel in the interests of reducing pollution and congestion.
C 6. No development shall be commenced on site until the details of the Manx native soft landscaping scheme for the landscape areas shown on Drawing No. APL/221 rev A, has been first submitted to and approved in writing by the Department. 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 or the occupation of the units, whichever is the sooner. Any 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 7. The development hereby approved shall not be occupied/brought into use until the plans which show details of the location, amount and specifications of nest boxes of the bat boxes and bird boxes have been submitted to and approved in writing by the Department. The bat and bird boxes shall be installed/constructed in accordance with details shown on the submitted plan and shall thereafter be retained as such.
Reason: In the interests of protecting and enhancing the biodiversity of the environment.
This application has been recommended for approval for the following reason. The development complies with Employment Proposal 1, and Landscape Proposal 19 of the Area Plan for the South, and with General Policy 2, Strategic Policy 6, Strategic Policy 10, Business Policies 1 & 5 and Transport Policy 7 of the Strategic Plan.
Plans/Drawings/Information;
This decision relates to the Cover Letter and Drawing Nos. APL/220 rev A, APL/221 rev A, APL/224 rev A, and APL/225 rev A, all received on 29 June 2021, and Correspondence between the agent and DOI Highways received 19 October 2021. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The site is a roughly rectangular area situated to the north east of an existing row of industrial buildings all at the northern end of Balthane Industrial Estate. The site is served by an existing access which connects this part of the Balthane Industrial estate to Balthane Road.
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To the northeast of the site is Parkfield, Ballachrink Lane which is situated about 143m from the boundary of the application site, While Ballachrink Farm is situated about 196m east of the site. There is sufficient screening provided by the field boundaries (hedges and trees) ion the western side of Ballahick Lane.
1.2 The existing units on the adjoining sites are all similar in design, finish and height and accommodate a range of industrial uses.
2.0 THE PROPOSAL 2.1 The proposal seeks planning approval for the erection 20 industrial/storage and distribution units in two separate blocks. The new blocks which would form blocks J and K would comprise a mix of different sized units from five units at 92.9sqm and five units at 125 sqm within each block (totalling 1091.5sqm for each block, 2183sqm in total). The units are the standard type in this part of the estate - rendered cavity blockwork walling with sheeting above in contrasting grey colouring with similarly coloured roller shutter doors and pedestrian accesses.
2.2 Three parking spaces will be afforded to the 125 sqm units, and two each to the 92.9sqm units. A total of 50 parking spaces would be provided to serve the proposed units.
2.3 None of the units is shown as having a mezzanine level although once built, these could be added without planning approval under Section 6.3a of the Town and Country Planning Act 1999 unless there were a condition imposed upon the initial approval to suspend such provisions and require planning approval for it although none of the approvals granted in this part of the estate have contained such a restriction.
2.4 The applicant has also provided the following additional information in support of the application:
Planning approval was granted under PA 04/00024/B for a scheme of 56 industrial units at Balthane Park, which included the site of this application. A number of subsequent planning approvals have been granted for the re-configuration of unit sizes, most recently for Blocks G, H and J (PA 19/01108/B). Blocks A to H are now complete or under construction, and this application seeks approval for revised versions of Block J and K (there is no Block i), with the individual units sized in response to current demand. The site is within an area which is allocated for industrial use in the Area Plan for the South. As with earlier phases approval is sought for industrial and/or storage/distribution uses, although the units are sized so as to only be suitable for small scale industrial and/or storage uses by individuals or businesses (as opposed to large scale commercial distribution) and will therefore not attract large articulated vehicles.
3.0 PLANNING POLICY 3.1 The site lies within an area designated as Industry on the Area Plan for the South (2013). The site is not within a Conservation Area or prone to flood risk, although part of the road leading to the site is considered to have medium to high likelihood of flood risk. The Written Statement describes Balthane as a major employment area which dominates the surrounding area in terms of its built form and suggests in Landscape Proposal 19 that any industrial development visible from the railway line should be of high quality functional design. It is relevant that almost all of the closest views, and these are at a distance of at least 240m, will eventually be completely obscured by the residential development approved under 19/00137/B, which has commenced, on land between the railway and the site which is designated for residential development.
3.2 There is also a reference to the "generally poor environment" of Balthane in the general landscape considerations at paragraph 3.24 and Employment Recommendation 1 and that Balthane would be the preferred location for a new civic amenity site and any bulking up
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facility for kerbside recycling, commercial waste facility and any additional or replacement waste facilities (paragraph 9.6.1).
3.2.1 Employment Proposal 1: "All industrial uses, other than small scale light industrial uses considered to be acceptable within the Mixed Use areas, or those uses deemed appropriate by the Isle of Man Strategic Plan Business Policy 7, will be located on the Industrial Estate at Balthane and where appropriate Ronaldsway and the Freeport."
3.2.2 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.
3.3 Development which is in accordance with the prevailing land use should accord with the principles of General Policy 2 as follows:
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:
(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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (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; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them and (n) is designed having due regard to best practice in reducing energy consumption.
3.4 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.
3.5 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 Strategic Policy 10: 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.
3.7 Business Policy 1:
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The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.
3.8 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.
3.9 Transport Policy 7 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.
3.10 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 11, Community Policy 7 and Community Policy 10.
4.0 OTHER MATERIAL PLANNING CONSIDERATIONS 4.1 The Manual for Manx Roads 4.1.1 The following sections of the Manual for Manx Roads are particularly relevant: i. Section 2.3 - Enabling Walking and Cycling ii. Section 2.5 - Supporting Safety and Security iii. Section 4 - Promoting Active Movement iv. Section C.2 Cycle Parking Standards v. Section C.3 Electric Vehicles vi. Section C.5 Parking for Disabled Users
4.2 IOM Active Travel Strategy 2018 - 2021 4.2.1 The Overarching principles of this strategy and the action plan are to: o enable more active travel by creating a safe, convenient and effective active travel network for people to use; and o encourage and promote a shift of choice to active travel modes for everyday functional trips.
5.0 PLANNING HISTORY 5.1 Approval has been granted for similar developments on the adjoining sites which are within the ownership of the applicants, with some having been approved for alternative uses including dog grooming (18/00127/C in unit 22D), storage (16/00378/B and 12/00062/B), and simply as industrial units, blocks E and F which were approved under PA 18/01110/B in October 2018.
5.2 The most recent addition to the complex was blocks G, H and J which are shown on the current application as in place and were approved for storage with or without distribution (19/01108/B). The submitted plans, however, show that block J which was part of the industrial blocks approved under PA 19/01108/B was not erected and as such would be replaced by the new current proposal.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
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6.1 The Department of Infrastructure (DOI) Highways Division have that the proposal does not raise significant road safety or highway network efficiency issues, and as such, they raise no opposition subject to the layout conditioned to conform to Drawing No: APL21 Rev A. They have also stated that Bicycle parking should be provided to aid mode choice and meet Active Travel initiatives. They suggest that If appropriate, a condition for cycle parking should be applied (26 July 2021).
6.2 DEFA Fisheries have indicated that they have no concerns in relation to this development from a fisheries perspective; due to the nature of the nearby watercourse (ditch) which is not known to contain fish populations (06 August 2021).
6.3 DEFA's Ecosystem Policy Team has made the following comments regarding the application in a letter dated 30 July 2021:
Aerial photographs show that the vacant plot is a large area of semi-natural habitat containing thick gorse scrub surrounded by hedges and small trees. The gorse scrub in the middle of the plot, which will need to be removed to facilitate the development, has potential for nesting birds and will providing habitat for a variety of other wildlife. As much existing vegetation should be retained around the edges of the plot as possible.
Ideally all gorse scrub removal should take place outside of nesting season to lower the risk to nesting birds and to avoid delays to building work should nesting birds be present.
Thorough checks for nesting birds must be undertaken prior to vegetation removal, and if nesting birds are present then removal must be delayed until nesting has finished and the young have fledged.
Though the plans show areas of what I assume is lawn around the units, this will have little benefit to wildlife and provide no nesting opportunities. Therefore, in order to mitigate against the loss of vegetation, the Ecosystem Policy Team recommend that native landscaping is incorporated on site and request a condition on approval for a
They further request that: o Manx native landscaping plan to be provided to Planning for written approval prior to works taking place. o Bird boxes are provided on the new units to mitigate against the loss of bird nesting habitat. In this instance, Plans should be provided which detail the location, amount and specifications of nest boxes and these should be submitted to Planning for written approval prior to works taking place. The recommendations are that at least 4 Starling nest boxes (with a 45mm entry hole) are installed on the North West elevations of the new units.
6.3.1 The applicant's agent has provided the following response to the comments made by DEFA's Ecosystem policy Team in an email dated 12 August 2021:
We already have permission to develop Balthane Park with 56 industrial units, which includes the site of this current application. The referenced aerial photos are out of date and the site has not had scrub on it for some time. Please see the attached photos (taken today). It is proposed in the application to retain the boundary hedges/vegetation.
The main objective of the application is to change the previously approved mix of unit sizes within the buildings of the final phase, without altering the fundamentals of the scheme. The previous phases have been developed with grassed areas around the buildings and we wouldn't want the final phase to look of out place with that, but we would be able to seed the relevant areas in this phase with a wildflower mix in order to improve biodiversity and we'd be
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content for that to be dealt with by condition. We can also provide bird boxes as requested and again a condition to this end would be acceptable.
6.4 Manx Utilities Drainage previously wrote in to request that the application be deferred to enable them review the application details on 9 August 2021. Having reviewed the additional details provided by the applicants, they have provided the following comments in a letter dated 20 September 2021:
Manx Utilities has reviewed the development proposals to ensure that the original surface water infrastructure installed under PA 04/00024/B is suitable for these additional units. Although there is a slight increase in overall hardstanding, capacity exists within the current infrastructure to accommodate this increase.
6.5 Malew Parish Commissioners have stated that they have no objections to the planning application in a letter dated 11 August 2021.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of this planning application are; i) The principle of the proposal (SP6, 7 & BP1) ii) Visual impact/impact on the wider environment (EP 22 and GP2 b & c) iii) Impact on the neighbouring amenity (GP2g & EP 22) iv) Impact on the highways & parking (TP7, GP2 h & i, SP10)
7.2 PRINCIPLE OF THE DEVELOPMENT 7.2.1 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 uses 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/distribution) clearly aligns with Strategic Policy 7 of the Strategic Plan and Landscape proposal 19 of the Area Plan for the South.
7.2.2 It is also considered that the proposal would align with Strategic Policy 6 and Business Policy 1 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), and provided the development accords with other policies of the Strategic Plan, given that given that the site is zoned for industrial use. The sites proximity to a major employment area on the Island (South
7.2.3 It is, therefore, considered that the principle of the proposed development on this site would be acceptable. The acceptability of the entire scheme would however be subject the acceptability of the other fundamental considerations in the assessment of the proposal in section 6.1 above.
7.3 VISUAL IMPACT/IMPACT ON THE WIDER ENVIRONMENT 7.3.1 In assessing the visual impacts of the development on the site 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 the adjacent industrial units that are already erected within the broader site area. It is also considered that the scale of the development would be proportionate to the site and the individual units have been designed to serve that
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specific purpose in terms of size, height and appearance. Whilst it is noted that the buildings would be viewable from the rail line that runs northwest of the site, with the closest distance about 255.9m away, any views obtainable when passing would be read in the context of the broader industrial estate. Moreover, the design of the building is such that would be considered to be of high quality and functional; ensuring that the development conforms with Landscape Proposal 19 of the Area Plan, in addition to fitting seamlessly within the site context without appearing as an incongruous feature. Besides, views attainable from the rail line would be over the trees which divide the broader site area and run parallel to the rail line, as well as the constructions mould that have raised the land east of the trees on the broader site area.
7.3.2 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) as required by SP5. As well, 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.
7.4 IMPACT ON ADJACENT PROPERTIES (GP2g and k, and EP 22) 7.4.1 With regard to impact on nearby properties, it is considered that the nearest industrial building are the existing buildings on the broader site area to which the proposed industrial units would form a part, with southern elevation of block J and the and units within this block serving as a continuation to block H which it shares access and parking areas with. Besides, there are no windows on the front elevation of the units which would introduce any form of overlooking of the existing units and any views to the front elevations of the buildings would be mutual. Based on the foregoing, it is considered that the use and scale of the neighbouring properties, design of the units, as well as the scale and massing of the proposed industrial block would ensure that the proposed development does not have detrimental impacts on neighbouring amenity. This proposal is therefore considered to comply with General Policy 2(g).
7.4.2 Another factor that bodes well for the scheme is the fact that the use of the proposed units would be similar to those of the existing nearby units within Block H and as such it is not considered that there would be any detrimental impacts in terms of impacts on air, noise, odour, light, water pollution or vibrations. Thus, the development is considered to comply with Environment Policy 22.
7.5 Impact on the Highways and Access 7.5.1 In assessing the highway impacts, the comments from Highways services are heavily relied upon and in this instance, DOI Highways have indicated that they raise no objection as the parking provision, pedestrian and vehicle access arrangements, and bicycle storage provisions are considered to be acceptable from Highways perspective, save for the imposition of a condition to ensure that the layout of the development is implemented according to Drawing No: APL21 Rev A, as well as a condition to ensure that acceptable cycle parking is implemented as an integral part of the development.
7.5.2 From reviewing 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/distribution purposes, with the Strategic Plan standard of 1 parking space per 50 square metres gross floor space (for General industrial use) and 1 space per 100 square metres gross floor space exceeded. In evaluating the parking need for the 2183sqm of floor area proposed, 44 parking spaces would be required for General industrial use (50 provided), while 22 parking spaces would be required for Storage/Distribution (50 Provided). 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 50 spaces provided on the site would still be appropriate. As such, it is considered that the available parking provided would be more than
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sufficient for the proposed development, ensuring that the development complies with Transport Policy 7 and General Policy 2 (h).
7.5.3 It is also considered that the proposal is unlikely to give rise to significant negative impacts on the adjoining highway network in terms of highway safety or network efficiency with the site traffic being accommodated onto the existing highway network which serves Balthane Park. This element of the development is therefore considered to be compliant with Transport Policy 7 and GP2 h & i, and Strategic Policy 10.
8.0 CONCLUSION 8.1 The application is supported subject to conditions which require that the cycle parking provision, as well as parking and access are laid out and available for use prior to the use of the building as approved, and that the use extends to industrial and storage with distribution.
9.0 INTERESTED PERSON STATUS 9.1 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.
9.2 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 in Article 4(2) who should be given Interested Person Status.
9.3 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 can confirm that this decision has been made by a Principal Planner 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: 29.10.2021
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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