DEC Officer Report

Application No.: 21/00322/B Applicant: Mr Jason Elliott Proposal: Erection of a two storey self- storage facility with associated loading and unloading bays Site Address: Southwest Of Unit 298A Jurby Industrial Estate Jurby Isle Of Man IM7 3BD Senior Planning Officer: Mr Jason Singleton Site Visit: 29.04.2021 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 10.02.2022 _________________________________________________________________

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. The proposed perimeter fencing and containers as shown on drawing referenced 101-C, shall be coloured dark green and retained as such thereafter. REASON: In the Interests of visual amenity
• C 3. No items of machinery or any equipment or other goods shall be kept outside of any containers and all activities shall be undertaken within the containers as shown on drawing 101-C unless otherwise approved in writing by the Planning Authority. REASON: To protect the neighbouring amenity
• C 4. No site clearance, preparatory work or development shall take place until a native tree / hedging planting plan is submitted to and agreed in writing by the Department. Where applicable the plan shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include the following details:

• (a) the exact location, species, nursery specification and planting specification of each tree (or group of trees) and hedges to be planted. Where groups or larger areas are to be planted please state the area and planting density;

• (b) the approximate date when they are to be planted; and
• (c) how they will be maintained until successfully established.

The tree and hedge planting shall take place as per the approved details and any trees or hedges which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.

Reason: To ensure an appropriate standard of visual amenity in the local area and that the development is appropriately landscaped to sit comfortably and acceptably in its location

• C 5. In the event that the containers hereby approved are not used or required for storage purposes for a period exceeding 12 months, the containers and fencing hereby approved shall be removed and the ground restored to its former condition within 18 months of its last use.

Reason: This approval has been exceptionally approved solely to meet the storage need and its subsequent retention if left abandoned could result in an unwarranted visual impact.

• C 6. There shall be no retailing from the storage units.

Reason: For the avoidance of doubt, and to ensure the development takes place in accordance with the approved details.

• C 7. The development hereby approved shall not commence until a scheme to improve water pressure/water supply for firefighting provision for Jurby has been completed and written confirmation has been provided to the Department. Reason: To ensure there is adequate water for firefighting purposes.
• C 8. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019, the use hereby approved shall be limited to storage.

Reason: For the avoidance of doubt, to ensure the development takes place in accordance with the approved details and in the interest of the local amenity.

• C 9. The development hereby approved shall not be occupied until such time as the associated access, parking and manoeuvring areas have been completed and set out as shown in the approved plans. Thereafter the parking spaces shall be kept free from obstruction and used only for the parking of vehicles. REASON: In the interest of highway safety
• C 10. No waste or any other such material shall be stored outside of the containers unless otherwise agreed in writing by the Planning Authority. Any request to the Planning Authority shall provide details of the receptacles in which the material is to be stored and the length of time the storage is required. REASON: To protect the character and environment of the site and wider area.

This application has been recommended for approval for the following reason. The application is deemed to be in compliance with Business Policy 1; General Policy 2, Transport Policy 4/7; Strategic Policy 4b; Community Policy 10 of the IoM Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to drawings received on 22 March 2021, referenced;

Site and Location Plan - 100 Visibility Splays - 102Rev B Supporting Planning Statement Proposed arrangement - 101Rev C _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that DOI (Flood Risk), Manx Utilities and Home Affairs (Fire and Rescue) be afforded IPS as they have commented on material issues. _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL

THE SITE

1.1 The application site is the curtilage identified in red on the land adjacent to unit 273 on the Jurby industrial estate. This vacant plot of land sits within part of Jurby Industrial Estate sited on the south eastern side of the Ballamenagh Road, Jurby. The site comprises of a grassed area. The surrounding area is characterised by a mix of industrial buildings styles with no uniform design or appearance where the streetscene is of different sizes, layout, design and form. - 2.0 THE PROPOSAL

2.1 Proposed is the creation of a two storey self-storage facility constructed from 66 shipping containers and associated loading and unloading bays. The site would measure a footprint of 44m x 28m that would include parking for 16 vehicles and vehicle manoeuvring with a dedicated area for loading and unloading. The perimeter of the site is proposed to be enclosed with industrial style fencing similar to that on the estate. Access will be controlled through one large automatic vehicular gate and pedestrian gate via a pin pad. Ivy screening is also proposed along three sides, to the north east, south east and south west elevations. - 2.2 Operation of the units would be operated remotely with no permanent staff on site other than maintenance staff visiting. The proposal would create employment for 3 members of staff working from another location. The facility would comprise security cameras and low level 1200mm high bollard lightening posts with sensors. - 2.3 The applicant would be renting the land from the Department of Infrastructure.

- 3.0 PLANNING POLICY

3.1 The application site is within an area designated as "Airfield" identified on the Isle of Man Development Plan Order 1982. - 3.2 The site is not within a Conservation Area and given the nature of the application and the history of approvals for industrial development, it is appropriate to consider the following planning policies for the: - 3.3 Isle of Man Strategic Plan 2016; - 3.4 General Policy 2 (GP2) (in part) 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; (g) does not affect adversely the amenity of local residents or the character of the locality;

3.5 Environment Policy 42 New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." - 3.6 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. - 3.7 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.

3.8 Transport Policy 4 The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. - 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. - 3.10 Community Policy 10 Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes. - 3.11 Strategic Policy 4 (in part) Proposals for development must: (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations.

- 4.0 PLANNING HISTORY

4.1 The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application. However there have been other applications in the vicinity that are relevant in terms of water supply. - 4.2 19/01102/B - Erection of an industrial building to provide four units with associated hard standing and 22 car parking spaces. This application also includes the installation of an

• underground rain water collection tank that can be "topped up" with an incoming water supply and solely utilised for firefighting.
• 4.3 20/01516/B - Erection of 21 dwellings with associated parking, landscaping, and amenities. This application also included the installation of a 150,000 litre water farm on the industrial estate for firefighting as a short term solution and the longer term water infrastructure upgrade.

- 5.0 REPRESENTATIONS

5.1 Jurby Parish Commissioners have not commented at the time of writing. - 5.2 Highways Services have commented (21/04/21) at length on the merits of the application and do not object. - 5.3 DoI Floor Risk Management team commented (26/04/21) with No Flood Risk Management interest. - 5.4 Fire and Rescue Service commented (13/04/21) to object to this application as the industrial estate is identified as having insufficient water supplies for the fire risk of the existing units, they recommend that the water infrastructure is reviewed and enhanced prior to any development in this area. Following wider discussions and consultations regarding firefighting in the area, a temporary solution has been found and the fire service do not object on the condition that either the water pressure or adequate firefighting provision or access to water are established. (10/02/22) withdrew their objection as other Government Departments are addressing the issue of water pressure and supply through a permanent solution. - 5.5 MUA (water) has commented (11/05/21) in response to the comment above (5.4) from the fire and rescue service regarding the water pressure. They confirm there is adequate supply for firefighting capabilities (8l per second). As a backup approx. 400m away is to be built a 46,00 litre underground water tank that would enable a 400 gallon fire engine to refill 23 times over. "This will be available to fighting any fire in Jurby as per planning requirement for Application 19/01102/B". - 5.6 DEFA's Eco-systems policy officer commented (30/04/21) the loss of grassland is limited value but does provide for foraging for wildlife; advises that ivy screening will appear out of character with the area and instead recommends the planting of a Hawthorn hedge / screen in lieu would be preferable.

- 6.0 ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are;

• (i) principle of development (BP1)
• (ii) visual impact of the proposed (Gp2b,c, EP42)
• (iii) impact on the neighbouring amenity (Gp2g)
• (iv) highway safety (TP4,7)
• (v) bio diversity (SP4b)
• (vi) fire safety (CP10)

6.2 (i) Principle The starting point here is the land use designation, whilst zoned as an airfield, over the years has developed into an industrial estate with various sized buildings and uses within. The broad principle of using this part of the site for storage could fit within the definition of industrial. As the area is widely accepted as an industrial estate and reflective of the current uses, we can refer to the Town and Country Planning (Use Classes) Order 2019 where at Part 2 (page 6) it lists those types of industrial categories of; Office (2.1) Light industry and Research and Development (2.2) General Industrial (2.3) and at 2.4 notes storage and distribution. This understanding of 'use' categories for industrial ensures the proposed used of storage broadly

• fits within uses on industrial settings and given the employment opportunities it creates would be in accordance with BP1.
• 6.3 Given the broad acceptance of the principle of use on this site, the proposal would not be considered to be in conflict with adjoining business uses but the inclusion of a condition to ensure there is no retailing from the containers / site would be appropriate given Business Policy 5 seeks to limit retail from industrial sites. In this case given the ability for the public to rent the containers for different users of the self-storage an appropriately worded condition would help avoid any ambiguity and seeks to protect the vitality and viability of the appropriate town centre shopping areas. Also a further condition can be included to seek the removal of the containers if they are no longer required for the intended purpose and the land restored to its existing grass land appearance.
• 6.4 (ii) visual impact The proposal is unique as it does not proposed a permanent building but a series of shipping containers linked together and stacked two high with interlinking walkways serving each container. The height of these would be no higher than the eaves level of the adjacent building to the north of the site. The access and parking area would be enclosed with security / industrial fencing and automated gates to the northern aspect of the site. Given the appearance of the finish of a container "crinkled" profile, this would be similar to that of an industrial type cladding evidenced on some of the existing buildings on the estate. If all the containers are of the same colour as shown on the drawings (a condition can be added to ensure this) this would give a unified appearance. On balance whilst the appearance would be different to the surrounding buildings, containers and industrial sites are intrinsically linked by their uses and the appearance and proposed use would not be seen as an incongruous feature on the industrial landscape.
• 6.5 As part of the proposal is an element of planting (addressed in para.6.8 -Bio diversity) to the north and east elevation would add an element of screening to the lower proportions of the containers when viewed from the internal access road and would help soften the visual appearance. This landscaping can be further bolstered with an appropriate worded condition to ensure it is implemented prior to the use and retained in perpetuity. Considering the above this aspect of the proposal would be appropriate for the setting of the area and does not adversely affect the character of the overall site and read in accordance with GP2b,c and EP42.
• 6.6 (iii) Neighbouring amenity As the site has evolved into an industrial estate, the proposed storage facility would be acceptable within the streetscene of buildings here. The proposal and its use for storage would not be considered to have any adverse impact on the use of the neighbouring building uses and would be served with its own access of the internal link road. Given the nature of the proposal is envisaged to be low key in visitor volumes so would not have a detrimental impact on the existing businesses on the estate. The proposal would be seen as being compatible with the other uses of the industrial type buildings and would be in compliance with GP2g.
• 6.7 (iv) Highways Services Highway Services have considered the merits of the proposed use, access to and from the site from the highway, as well as parking and manoeuvrability within the site. As the transport professionals their comments are heavily relied upon and as they do not object, the proposal would be considered to align with the principles of TP 4 & 7 with no highways safety implications.
• 6.8 (vi) Biodiversity Part of the proposal is to introduce and element of landscaping to help screen the lower proportion of the site to the north and east elevations. The comments from the Eco-systems policy officer are noted and the suggestion to replace the ivy screening with a hawthorn hedge would be preferable. To ensure compliance with Strategic Policy 4 where it seeks to protect or

• enhance the nature conservation and landscape quality of urban and rural areas, the suitability of planting that can provide an enhancement that can only be supported to offset the loss of grassland. This can be further secured with a landscaping condition to ensure not only is local hedging planted but its retention is maintained and retained.
• 6.9 (v) Fire Safety The main concern and delay regarding this application arose from the initial objection from the Fire and Rescue Services regarding the availability of water and pressure to enable firefighting on site and within the wider Jurby industrial estate. This has inherently had a knock on effect for many applications within the Jurby catchment area. The initial advice from the MUA (water) commenting that there is sufficient water pressure and further capacity in the supply of water is encouraging. However the comments from the Fire Service and their opinion would be aligned with Community Policy 10 and unless a solution can be found the proposal would be contrary to CP10 and a strong enough reason to refuse on this basis alone.
• 6.10 Following a number of meeting and discussions with different Government Departments a proactive solution and compromise was reached that satisfies the concerns of the fire service which also relates to a number of planning applications in the Jurby area. A shorter to medium term resolution is what has now been submitted as part of this application which is two install six water tanks which will hold a total of 150,000 litres of water for firefighting purposes within the Jurby Industrial Estate. This will enable fire engines being able to refill their water tanks quickly and within Jurby Village. Any approval of this application should include a condition which requires these six tanks to be installed and completed prior to any works commencing on the rest of the development. The same issues applies for another planning application in the Jurby area referenced; 21/00408/B - Variation of conditions 1 & 2 of PA 18/00763/A, Approval in principle for the construction of five dwellings addressing means of access, to extend the period of permission by two years. Approved.
• 6.11 Isle of Man Fire & Rescue Service has since withdrawn (by email 10/02/22) their objection subject to the above provision being provided by other Government Departments and the application conditioned accordingly to ensure those provisions for fire fighting area available. Accordingly, the proposal would comply with Community Policy 10 & 11.

- 7.0 CONCLUSION

7.1 For the above reasons, it is concluded that the planning application would be appropriate for the character of the area is read in accordance with the aforementioned planning policies of the Isle of Man Strategic Plan 2016. - 8.0 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

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: 21.02.2022

Signed : J SINGLETON 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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