27 July 2006 · Planning Committee
Industrial Starter Units Middle Farm, Richmond Hill, Douglas, Isle Of Man, IM4 1jl
The site is to the east of the Energy From Waste Facility on Richmond Hill, Braddan, partly zoned for reclamation and open space under the 1991 plan, with an emerging (withdrawn) Braddan Parish Plan zoning it for waste treatment and recycling.
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The officer assessed the two-part proposal: relocation of stone recycling and new industrial starter units. Relocation was not justified beyond visual screening by the units, as it had 'not been demon…
Policy B/EI/PR/5 Modified Draft Braddan Parish Plan
Designates land south/east of EfWF for waste recycling/treatment near disposal facility, without detriment to surroundings (visual/environmental, esp. watercourse), with landscaping. Officer gave limited weight as plan withdrawn, but prior recycling approvals established intent; industrial use not in accordance with zoning, partial prior recycling development insufficient justification.
The Department is supportive of this application
Do not oppose subject to the imposition of standard condition/note
Do not oppose subject to the imposition of standard condition/note
Do not oppose subject to the imposition of standard condition/note
Do not oppose subject to the imposition of standard condition/note
MEA and IoMWA raised utility coordination requirements without objection; Department of Transport Drainage had no objection subject to non-adoption of sewage unit; Highways Division deferred pending Transport Assessment; Braddan Parish Commissioners objected due to conflict with Draft Braddan Plan and visual impact.
Key concern: Contrary to Draft Braddan Plan zoning for waste treatment and recycling
Manx Electricity Authority
No ObjectionPlease contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Dept, Network Services, as there are High Voltage and Fibre Optic cables running along side the area of the proposed development.
Conditions requested: Contact Anthony Kinrade or Ian Horsey to discuss working practices around cables which may be required to be diverted before any work can be carried out on site; Contact the Planning Department to discuss proposed loads required; All work on the site to be carried out with reference to HSE Guidance note HS(G)47; Contact the M.E.A. for an Electrical Site Safety 5
Isle of Man Water Authority
No ObjectionSee Note (1)
Conditions requested: Condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; For connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the IoMWA Planning and Projects Section, tel. 69 59 58
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to; The proposed Klargester Biodisc unit will not be consider for adoption once installed and operating
Conditions requested: The proposed Klargester Biodisc unit will not be consider for adoption once installed and operating; Appropriate measures must be taken by the developer / occupier of the premises to ensure compliance with the legislation; It is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses
Department of Transport Highway Division
No CommentDefer; A development of this type requires a Transport Assessment to ensure the existing highway infrastructure can support this significant increase in traffic.
Braddan Parish Commissioners
ObjectionThe Commissioners would recommend to the Planning Committee that the application should be refused on the grounds that...
Department of Trade and Industry
SupportThe Department is supportive of this application; There is a general shortage of land within the area which would be suitable for development to satisfy demand.
The original application (06/00558/B) was refused by the Planning Committee on 20 July 2006, primarily because the proposal conflicted with the site's Open Space (Agricultural) designation under the 1991 Braddan Local Plan and would prejudice future recycling uses by introducing incompatible light industrial units. The appellant argued that prior approvals for recycling and waste facilities, along with draft plan zoning for industrial/waste uses, had superseded the extant plan, supported by demonstrated need for industrial starter units confirmed by the Department of Trade and Industry (DTI), and that relocation improved access and visual amenity without operational issues. The Planning Committee defended the refusal, asserting limited weight to the discontinued draft plan and that industrial units would prejudice recycling intentions adjacent to the EfW plant. The inspector concluded that events had overtaken the 1991 plan's designation, accepted the DTI evidence of ongoing shortage of suitable industrial land, found the proposal compatible with area intentions (including potential recycling within units), and determined no material environmental or highways impacts, recommending the appeal be allowed subject to conditions.
Precedent Value
This appeal demonstrates that proven economic need for employment land, supported by DTI, can override strict policy and draft zoning where prior approvals indicate changed area character; future applicants should prioritise DTI endorsement and supply shortage evidence over rigid zoning compliance.
Inspector: Terrence Kemmann-Lane