23 August 2007 · Minister for Local Government and the Environment
Factory Next To Winchester Court, Second Avenue, Onchan, Isle Of Man, IM3 4lt
The proposal involved converting a vacant factory building (15m x 22.5m, 5.5m eaves, 8m ridge) in a small industrial estate on Second Avenue, Onchan, from manufacturing to community use by Elim Foursquare Gospel Alliance, including a church for 200 people on an inserted first floor, meeting rooms, kitchen, nursery, you…
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Inspector concluded Strategic Policy 7 protects 'undeveloped land' zoned industrial, not applicable to change of existing developed light industrial site; no evidential support for claimed Eastern Are…
Strategic Policy 7
Requires retention of undeveloped zoned industrial land unless incompatible with adjoining uses. Inspector ruled inapplicable to change of existing developed site; light industrial compatible with residential adjacency by definition. No policy mandates retaining existing industrial use.
Policy O/I/P/3 of Onchan Plan
Designates land for light industrial use (defined as compatible with residential amenity). Officer viewed as requiring protection; Inspector saw as definitional statement, not retention mandate for existing uses.
Time limit
The development hereby permitted shall be begun not later than four years from the date of this permission.
Amended plans
This permission relates to amended plans submitted on 30 April 2007.
Signs and lighting approval
No exterior signs or lighting shall be installed within the site except in accordance with a scheme to be submitted to and approved in writing by the Planning Authority.
Car parking scheme
The development shall not be brought into use unless car parking has been laid out in accordance with a scheme to be submitted to and approved in writing by the Planning Authority. The car parking and other external space shall not be used for any other purpose, including external meetings or services unless first approved in writing by the Planning Authority.
Hours of use
The building shall not be open to the public before 07.00 hrs or after 23.00 hrs on any day, unless first approved in writing by the Planning Authority.
Noise insulation
The building shall not be brought into use unless it has been insulated to reduce the escape of noise in accordance with a scheme to be submitted to and approved in writing by the Planning Authority. This scheme may include devices to disconnect certain electricity supplies in the event of noise exceeding a predetermined level.
Do not oppose, subject to two pick-up/set-down spaces
Multiple local residents and Onchan District Commissioners objected to the application primarily due to inadequate parking, traffic congestion, noise, and impacts on elderly residents; Isle of Man Water Authority requested a standard condition for water connection; Disability Acc…
Key concern: woefully inadequate parking provision and exacerbation of existing congestion
Onchan District Commissioners
ObjectionThe additional information supplied would appear to exacerbate the parking issues raised in our original submission. The Commissioners are not persuaded that the proposed uses are suitable for this site, the proposed parking provision is woefully inadequate and that there may be issues with noise generating from the evening/weekend activities.
Isle of Man Water Authority
Conditional No ObjectionNote (3) For a change in the supply to a premises (domestic or commercial) the applicant should contact the IoMWA Byelaws Inspector (Michael Karran), tel. 69 59 57
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 a change in the supply to a premises (domestic or commercial) the applicant should contact the IoMWA Byelaws Inspector (Michael Karran), tel. 69 59 57
Disability Access Office
No ObjectionSize of Car Park | Number of Disabled spaces Up to 200 spaces | 5% of car park (min 3 spaces) Over 200 spaces | 4% of car park plus 4 spaces
Conditions requested: Where parking is included, provision should include a ratio of designated disabled parking places: Up to 200 spaces | 5% of car park (min 3 spaces), Over 200 spaces | 4% of car park plus 4 spaces; Entrance should be accessible to an unassisted wheelchair user; All reception counters should contain at least one section suitable for Visitors and staff sitting and standing; Furniture around the building should be loose so it can be moved around if more room is needed; Where public toilet facilities are provided this should include the provision of a disabled toilet; Where a separate Disabled toilet is not available then provisions should be laid for disabled people to use the general toilets; Where the building is over more than one level then a lift should be provided of sufficient dimensions as to allow an unassisted wheelchair user to enter, turn around and use the controls; Entrance and exits should be accessible to an unassisted wheelchair user; Emergency routes should have provisions for disabled people; All counters or reception desks should contain at least one section suitable for a wheelchair user
Andrew Jessopp
ObjectionThe site is approved for industrial use and the department has being arguing that there is an acute shortage of industrial land in the eastern area of the Island. It would therefore be hypocritical of the department to approve further applications that result in a loss of existing industrial sites, unless there are over riding reasons of national importance or substantial environmental or health & safety reasons to do so.
The original application to convert a factory building from manufacturing to community use including a church for 200 people and meeting rooms with capacity for 400 was refused by the Planning Committee due to loss of industrial land in the Eastern Region per Strategic Policy 7 and Onchan Local Plan Policy O/I/P/3, and insufficient parking provision. The appellant argued the industrial use had ceased due to market competition, no local employment impact, alternative employment from community uses like nursery and youth clubs, adequate parking for peak Sunday use, and no suitable alternative sites after 15 years searching. The inspector found no policy strictly required retention of light industrial use on developed land, no evidence of industrial land shortage despite council claims, parking demand limited to short peak periods outweighed by community benefits, and no unacceptable noise or amenity harm. The appeal was allowed subject to conditions on hours, noise insulation, parking layout, signs and lighting.
Precedent Value
This appeal shows inspectors may override industrial protection policies for existing developed sites where no robust shortage evidence exists and community benefits demonstrated; applicants should provide marketing evidence for redundant units and focus on peak-use parking realities rather than standards.
Inspector: David Ward
