371721

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                                                 25/90936/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/90936/B Applicant : Mr Matt and Lynda Ingham Proposal : Erection of two light industrial units, site works, relocation of vehicular access and formation of parking area Site Address : Land South Of Balthane House Balthane Road Balthane Ballasalla Isle Of Man IM9 2AF

Planning Officer: Russell Williams Photo Taken : Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 23.01.2026 __

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 development shall be completed in accordance with the materials as indicated on approved drwg no. 1.

Reason: In the interests of the character and appearance of the site and surrounding area.

C 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

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C 4. The access and visibility splays indicated approved Drg 3 shall be fully provided prior to the use of the development hereby permitted first commencing. The visibility splays shall be retained as such thereafter.

Reason: In the interest of highway safety.

C 5. The development hereby permitted shall be completed in accordance with the Manx Roots Tree Impact Plan as set out on approved DrNo TI-031025. During the course of construction, the developer shall comply with the recommended protection measures for retained trees on the site.

Reason: To provide protection for retained trees within the site, in the interest of tree health.

C 6. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019, the use of the development hereby permitted shall be limited to Part 2 Class 2.2 (Light industry and Research & Development) only and for no other purpose without the prior grant of planning permission.

Reason: To ensure the use of the site is compatible with the site and its surroundings.

This application has been recommended for approval for the following reason. This decision relates to the following plans and drawings, date stamped 8th October and 25th November 2025:

Drg 1 - Planning Drawing - plans as proposed Drg 2 - Block Plan as existing Drg 3- Block Plan as proposed Drg 4A - Location Plan TI-031025 - Tree Constrains Plan TI031025 - Tree Impact Plan

Plans/Drawings/Information;

The application is considered to be acceptable and in accordance with the land use zoning of the site. The impact of the development upon visual and residential amenity, highway safety and trees will be acceptable and, accordingly, the proposal is considered to comply with Business Policies 1 and 5, General Policy 2 and Transport Policy 7.

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Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

Malew Parish Commissioners - No objection

DOI Highway Services - No objection

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Officer’s Report

1.0 THE SITE 1.1 The application site comprises a parcel of land laid predominantly to grass to the immediate east of Balthane House, Ballasalla. 1.2 The site is generally level and is bounded by stone walling, fencing and a sod bank. There are two trees to the western corner adjoining the highway. There is a concrete pad within the rear part of the plot. 1.3 The site is accessed off the highway to the eastern end of the plot.

2.0 THE PROPOSAL 2.1 The application seeks planning permission for the construction of a new light industrial building to accommodate 2 no. units. 2.2 The proposals will form a steel frame building finished in painted render and silver Kingspan sheeting to the walls and a dark Kingspan sheet to the roof. Windows and doors will be uPVC and metal roller shutter doors. The building will have a GIA of 206.9m2 and a height to eaves of 5.1m 2.3 The existing access is to be upgraded and centrally positioned within the roadside wall, with splays of 2.4m x 43m in both directions with the wall reduced to a height of 1.05m. 8 parking spaces are proposed within the yard.

3.0 PLANNING POLICY 3.1 The site lies within an area designated on the Area Plan for the South as "Freeport - Industry/Business Park" uses. The site is not within a Conservation Area. 3.2 General Policy 2 of the Strategic Plan is considered applicable, which states: "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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (e) does not affect adversely public views of the sea; (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; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (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." 3.3 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan." 3.4 Business Policy 5 states: "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:

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(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." 3.5 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 standard in respect of light industrial requires there to be one parking space per 30 sq m of floor space for light industrial use, one per 50 sq m of industrial floor space and 1 per 100 sq m of storage and distribution floor space.

4.0 OTHER MATERIAL CONSIDERATIONS 4.1 None

5.0 PLANNING HISTORY 5.1 No recent planning history of material relevance.

6.0 REPRESENTATIONS 6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:

Malew Commissioners - No objection

DOI Highway Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the site access, visibility splay and internal layout is acceptable for the proposals, subject to conditions on access, access visibility, vehicle turning, parking and vehicle hardstanding being bound and consolidated being implemented before first occupation of the units and retained thereafter (for highway safety and parking). 6.2 No representations have been received from members of the public.

7.0 ASSESSMENT 7.1 The key considerations in the determination of the application are: Principle of development Impact upon the character and appearance of the area Impact on residential amenity Transport and highway safety Trees

PRINCIPLE OF DEVELOPMENT 7.2 The application seeks a modest new industrial Unit in an area that is in active industrial use. The use of the building is stated as being light industrial which is appropriate given the setting which includes industrial and residential properties. As such the development is considered to comply with Business Policies 1 and 5, being an industrial use on land zoned for that purpose.

IMPACT UPON THE CHARACTER AND APPEARANCE OF THE AREA 7.3 The site is positioned between two residential properties, though to the rear (north) is a large range of industrial buildings similar in scale and finish to the proposed unit. 7.4 The building will be set back from the highway and broadly in the established building line, with parking to the frontage. The building will not form a standalone building or prominent feature in the street scene and will have a suitable visual impact given the prevalence of other industrial units in the area. 7.5 Works to the roadside wall will lower it slightly, but in the main the wall will remain in tact, as will the sod bank and trees to the eastern corner of the plot.

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7.6 The design, scale, layout and appearance of the development are acceptable and the proposal will not give rise to any unacceptable harm to visual amenity and therefore complies with General Policy 2.

IMPACT UPON RESIDENTAL AMENITY 7.7 The site sits between two residential properties, but is generally set in an area dominated by industrial and business uses. The site, including the adjoining dwellings are on land zoned for industrial use. 7.8 The application seeks permission for light industrial use, which is one that is generally suitable for sites that have a residential setting. Whilst the end users are not know, light industrial use is considered to be acceptable and given the proximity of existing industrial units, the proposed use in unlikely to impact upon residential amenity. 7.9 The siting of the building is considered to be acceptable and such that its bulk will not lead to any loss of light or outlook to neighbouring properties.

TRANSPORT AND HIGHWAY SAFETY 7.10 The application proposed a repositioned access that will benefit from visibility splays extending 43m along the road in both directions, with the roadside wall reduced to a height of 1.05m. The visibility splays are acceptable and accord with highway design standards for a 30mph zone. 7.11 The site will comprise 8 parking spaces, which based upon the parking requirement set out under Transport Policy 7, is acceptable and one space more than required. Adequate turning space is available for vehicles in the site, though HGVs will not be able to enter. 7.12 Overall, the impact of the development upon highway safety is considered to be acceptable.

TREES 7.13 The application proposes the removal of a group of Manx Palm trees, with all other field elm and the common ash tree being retained. The application is supported by a Tree Impact Plan and Tree Constraints Plan, which follows assessments of the trees on site by Manx Roots. 7.14 The submitted Tree Impact Plan sets out a number of mitigation measures design to reduce the impact of the access, parking spaces and yard upon the retained common ash. This includes the use of Geocell base in the construction of part of turning area and parking spaces 5, 6, 7 and 8. 7.15 Subject to compliance with the Manx Roots mitigation measures, the development will have an acceptable impact upon trees.

OTHER MATTERS 7.16 The site is not located within a Conservation Area or in proximity to Registered Buildings such that the development would impact upon the setting of protected areas. The design submission makes suitable provision for surface water drainage within the site and is not considered to increase flood risk in the area.

8.0 CONCLUSION 8.1 The application is considered to be acceptable and in accordance with the land use zoning of the site. The impact of the development upon visual and residential amenity, highway safety and trees will be acceptable and, accordingly, the proposal is considered to comply with Business Policies 1 and 5, General Policy 2 and Transport Policy 7 and it is recommended that the development be permitted.

9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). 9.2 Article A10 sets out that the right to appeal is available to:

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o Applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria. 9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative. 9.5 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 the Right to Appeal.

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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 and/or rights to appeal.

Decision Made : Permitted

Date: 27.01.2026

Determining Officer

Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

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