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25/90966/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90966/B Applicant : Dandara Commercial Limited Proposal : Erection of 26 industrial/storage & distribution units in two separate blocks Site Address : Vacant Land Between New By-Pass Road And Balthane Park Off Balthane Road Ballasalla IM10 1MM
Senior Planning Officer: Jason Singleton Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 11.12.2025 __
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 buildings shall be used only from Monday to Saturdays inclusive and no business shall be carried out therein on Sundays or Bank Holidays unless otherwise agreed in writing with the Planning Authority.
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REASON; To safeguard the character of the area
C 5. Noise levels from any plant, processes or equipment at the proposed industrial development measured at neighbouring residential premises including gardens, between the hours of 0700 - 2000 hrs (day-time) shall not exceed 50 dB LAeq, 1 hour; and noise levels from any plant, processes or equipment at the proposed industrial development measured at the external facade of neighbouring residential premises, between the hours of 2000 - 0700 hrs (night-time) shall not exceed 45 dB LAeq, 5 minute.
REASON: To safeguard the residential amenity of the neighbouring properties.
C 6. The development hereby approved shall not be occupied or operated until the vehicle parking and turning areas have been provided in accordance with approved plans and the parking and turning areas shall thereafter be kept available for the parking and turning of vehicles associated with the development.
REASON: In the interests of highway safety.
C 7. There shall be no obstruction to visibility splays higher than 1.05m above adjoining road level forward of a line drawn 2m back from the nearside carriageway edge at the centreline of the access extending 36m in each direction. Such visibility splays shall be provided before the construction of the buildings hereby approved is commenced and shall be permanently maintained free of obstruction thereafter.
REASON: In the interests of highway safety.
C 8. Prior to the occupation of any units hereby approved, double yellow line road marking shall extend into the bellmouth to each communal courtyard to prevent any parking or blocking of pedestrian crossing points, or reducing visibility splays.
REASON: In the interest of Highway Safety.
C 9. The timber access gates as shown on drawing BSA_APL_370, shall be locked and secured from entry from public access and may only be used for maintenance purposes when accessing the landscaped areas.
REASON: To prevent any unauthrised access to the landscaped areas and the bypass.
C 10. The proposed Bird and Bat Boxes shall be erected as per the Bat and Bird Box positions Drawing (BSA_APL_353 P1) prior to the occupaton of the units.
REASON: To ensure appropiate ecology mitigation measurers
C 11. No external lighting is here by approved, unless a sensitive lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to the Department and approved in writing.
REASON: To prevent any harm to the Environment
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This application has been recommended for approval for the following reason.
Plans/Drawings/Information;
This decision relates to drawings and supporting information submitted on 10th November 2025, referenced; o APL_349_P1 Block P&Q Location Plan o APL_350_P2 P&Q Site Plan as proposed o APL_351_P1 P&Q Artic Vehicle tracking o APL_352_P1 P&Q Refuse Vehicle tracking o APL_353_P1 Bat and Bird Box positions o APL_360_P2 Block P Plans section and elevations o APL_361_P2 Block Q Plans section and elevations o APL_370_P1 Wall elevations o A Planning Statement o A Transport Assessment o A Travel Plan
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: Local Authority - No Objection DoI Highways - Objection addressed through a condition __
Officer’s Report
THE SITE 1.1 The application site is located on the southern side of Ballasalla, between the Balthane Park access road and the by-pass road approved under PA 19/00137/B (which has now been completed up to the western site boundary and is awaiting connection to a new roundabout to be provided by DoI). It has an area of approximately 0.6 ha and is located within field 434974. The site is relatively level with a surface of compacted earth and/or hardstanding, and there are no trees or vegetation. At present it accommodates construction storage associated with the industrial and residential construction which is (or has been) taking place on adjacent sites.
1.2 The industrial units approved under PA 23/00168/B are located immediately to the west of the application site and construction is nearing completion, with the Balthane Park access road and earlier phases of industrial units immediately to the south. The northern site boundary follows the line of the by-pass road approved under PA 19/00137/B. The application site is separated from the by-pass road by a landscaped buffer which was approved as part of the previous phase of units (PA 23/00168/B) - the earth bund which forms the basis of the buffer is in place but the approved landscaping/planting is yet to implemented.
2.0 THE PROPOSAL 2.1 The application seeks detailed planning approval for a further phase of 26 industrial/storage units (Classes 2.3 & 2.4) at Balthane Park, located on vacant land between the Balthane Park access road and the new by-pass road.
2.2 The proposed buildings will have a total floor area of 2113 sq.m and will be of similar form to the existing phases at Balthane Park, with units arranged in 2 blocks which are
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separated by access and parking provision. Vehicular access is to be taken from the existing Balthane Park access road.
3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site is identified on the Area plan for the South where; half the site is within the land use designation of 'Industry/ business Park' and the other half as 'Proposed Residential, Industrial, Public Open Space, Community Facility' on the Ballasalla Map 4.
3.2 Within the Development / Site Brief 3 for part of this proposed site (starts on page 47) highlights some of the limitations on development here that could be applicable.
3.3 Page 47 of the written statement, references limitations on use to; "Employment uses limited to Class 5 (Research and Development/Light Industrial) and Class 6 (Storage or Distribution) set out in Schedule 4 of the Town and Country Planning (Permitted Development) Order 2012".
3.4 Page 48, says; "Development will not normally be permitted within 25m of the line of the Ballasalla By-pass as measured from nearest roadside channel (this may be amended once the detailed ground levels have been determined)".
3.5 The site is not within a conservation area, nor are there any registered buildings or registered trees on site.
3.6 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application:
Strategic Policy 1 Efficient use of land and resources 4b Protection of the landscape and biodiversity 4 (c) No environmental Pollution 5 Design and visual impact 6 Major employment to designated areas 7 Protection of industrial land 10 Sustainable transport
General Policy 2 General Development Considerations (a-n)
Environmental Policy 22 Protection from Statutory nuisances
Business Policy 1 Growth of employment opportunities 2 Provision and regards to Industrial development 5 Limitation on industrial land for storage and distribution and limitation on retail
Transport Policy 1 proximity to existing public transportation services 2 layouts to link to existing systems 4 Highway safety 7 Parking provisions * Appendix 7*
Energy Policy 5 Need for an Energy impact assessment
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3.7 Within the strategic plan paragraph 9.2.3 defines industrial buildings as follows; "industrial building" means a building (other than a building in or adjacent to or belonging to a quarry or mine and other than a shop) used for the carrying on of any process, for or incidental to any of the following purposes, namely:- a) the making of any article or of part of any article; or b) the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or adapting for sale, or breaking up or demolition of any article; or c) without prejudice to the foregoing paragraphs, the getting, dressing or treatment of minerals; being a process carried on in the course of trade or business other than agriculture, and for the purposes of this definition the expression "article" means an article of any description, including a ship or vessel.
3.8 Such buildings are sub-divided into light industrial, general industrial and special industrial buildings, each defined as follows:
3.9 The strategic plan defines "general industrial building" means an industrial building other than a light industrial building or a special industrial building;
3.10 "light industrial building" means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles; the use of light industrial buildings for research and development of products or processes is permitted by the Town and Country Planning (Permitted Development) Order 2005.
3.11 "special industrial building" means an industrial building used for the carrying on of processes (including storage) which may be particularly offensive by reason of noise, smell, vibration, smoke, soot, ash, dust, grit, or fumes, or dangerous by reason of the storage or use of dangerous or inflammable material, or inimical to public health by reason of vermin or other causes.
4.0 PLANNING HISTORY 4.1 23/00168/B - Erection of 45 industrial/storage & distribution units in four separate Blocks. Vacant Land Between Balthane Park, Industrial Estate And New, By-Pass Road. Approved with conditions.
4.2 Land to the south of the site has gained the following approvals for industrial units; 04/00024/B - Development of land to provide 56 Industrial Starter Units including access, parking and landscaping. Approved. At a later date the sizes of the units amended over time in order to meet changing demand under; 12/00062/B - Erection of 20 industrial units (amendment to 04/00024/B) 17/00325/B - Erection of block of 12 industrial units (revision to 12/00062/B) 18/01110/B - Erection of 15 industrial units in two separate blocks. 19/01108/B - Erection of 20 industrial units in three separate blocks. 21/00746/B - Erection of 20 industrial/storage units in two separate blocks
4.3 The land immediately to the north and north east of the application site is currently being developed with a by-pass road, new housing and a neighbourhood centre (PA 19/00137/B, PA 21/00262/B). Recent planning application PA 22/01147/B, which is yet to be determined, proposes 23 dwellings on a site which is a short distance to the north east of the application site.
5.0 REPRESENTATIONS (in brief, full reps can be read online) 5.1 Malew Commissioners commented (05/12/25) No Objection.
5.2 Highways Services have commented at length (19/11/25)
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"HDC have looked at the information and plans for application 25/90966/B online and can comment as follows: 1. Site layout and TA assessment of proposals - The site layout, parking provision (to Strategic Plan 2016 standards) and transport assessment of the proposals has been comprehensively considered and planned and the site assessment has demonstrated that it will not significantly negatively impact upon highway safety, network functionality and/or parking if the development is delivered. 2. Access and parking on-street - the Road Safety Audit Stage 1 for the scheme recommended double yellow lines for the accesses bellmouths to protect access movements and visibility which the designer agreed with in their response. However, this has not been provided on any revised site access and layout plans - this should be submitted for the application. The Applicant should address the above issues for HDC to not oppose the application".
5.3 Eco systems Policy officer commented (28/11/25) No objection subject to conditions; "Noting that this land is zoned for Industrial and storage/distribution, prior to site clearance the area was comprised of improved grassland with well established hedge banks and therefore it is appropriate for ecological mitigation to be incorporated into the site design, even though the site is currently comprised of bare ground. The creation of the landscaped buffer to the north has already been approved, and this application also proposed the installation of a number of bat and bird boxes, though we would also request, in line with approvals for adjoining sites, that sensitive lighting is installed. Potential Conditions o No external lighting to be installed unless a sensitive lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to Planning and approved in writing. o Bird and bat boxes to be erected as per the Bat and Bird Box positions Drawing (BSA_APL_353 P1)".
6.0 ASSESSMENT o Principle o Design & Visual Impact o Neighbouring amenity o Highway Safety o Ecology
PRINCIPLE 6.1 The application site sits outwith of the defined village of Ballasalla, and could be broadly in accordance with the Area plan for the South (APS) noting half the site is within the land use designation of 'Industry/ business Park' and the other half as 'Proposed Residential, Industrial, Public Open Space, Community Facility' on the "Ballasalla Map 4". The site is further identified for development as Site 3 on the APS and is accompanied with a Development brief (pages 47- 49 of the written statement). The broad principle of the use of the site identified in red for the use of industrial units could be broadly supported in land use terms.
6.2 The Employment Land review in 2015 would be read in accordance with SP6 and BP1 which seeks employment opportunities on zoned land. As the proposal could potentially offer employment opportunities to this area, this aspect would further be compliant through BP1 and is encouraged. The sites proximity to existing industrial units, could allow for labour and on an integrated transport network ensures the use is in accordance with SP6.
6.3 Therefore the principle for development of this site would be acceptable. Where the proposal is read in accordance with the land use designation / area plan, General Policy 2 as noted below narrows the material planning tests with other policies.
DESIGN AND VISUAL IMPACT
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6.4 The scale of the development would be proportionate to the site and the individual buildings or blocks of buildings have been designed to serve that specific purpose in terms of size, height and appearance to be used for industrial purposes. It is noted these units are marginally smaller in footprint and height that those previously approved to the West with units measuring a floor area of either 750sqft or 1000sqft, resulting in a lower ridge height.
6.5 The scheme would feature modern commercial buildings designed specifically for an industrial use and finished in a utilitarian appearance to reflect this. The lower proportions of the buildings would be;
o "rendered block construction to lower walls with grey paint finish" and above this,
o "kingspan micro rib profiled pressed metal cladding (to walls) colour - silver (ral 9006)" and "powder-coated pressed trims & flashings colour adventura (ral 7000)" and
o "powder-coated pressed metal rainwater gutters & down pipes colour - adventura (ral 7000)"
o Each unit to its front would have; "powder-coated industrial roller shutter door with integrated pedestrian pass door colour - obsidian (ral9007)"
6.6 This level of finish would be an improvement on the older parts of the industrial estate and seeks to ensure the proposed units would be of a higher quality than those existing on the surrounding industrial units and would achieve the aim of Landscape proposal 19 from the APS on page 27 where it states; "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".
6.7 As such the proposed buildings and the listed schedule of material finishes would be acceptable in this instance which requires a higher standard of finish and can be conditioned as such.
6.8 The spaces between the buildings facing onto the highway would continue with the 1.5m high blockwork wall on the boundary to the north, which helps screen the lower portions of the site and helps to attain any noise. Within the wall are two timber gates giving access onto the landscaped areas. Whilst these would not want to be used by the public to prevent damage to the landscaping aspects fronting the highway and allowing for unauthorised access to "cut-through" onto the by-pass, a condition can be added to ensure these are only for maintenance purposes. This would also serve to protect the landscaping and prevent any access from within the industrial estate where development creep could occur and be visible from outside of the site. It is further noted within the transport assessment on page 3, this is recommended where it say; "Gate to be secured to prevent unlawful entry to the landscaped zone behind the wall".
6.9 These units and those adjacent (as previously approved) would be partially visible from the bypass and the dwellings to the north. These views would be of the upper proportions (approx. 4.8m to the eaves) would be visible and noting these views would also incorporate the gable end of the buildings and the masonry wall. The previous approval incorporated the landscaping proposals for a 10m wide landscaping zone from the Bypass to the masonry wall including a 6m wide soil bund at approx. 2m high with landscaping atop and along its length. In time this could adequately screen the development and soften the visual appearance, but it must be recognised that the land use here is zoned as industrial use, so all measurers have been taken to ensure this visual amenity is appropriately mitigated.
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6.10 On the flip side, when viewed from Balthane Park Industrial Estate, the general appearance would echo that of the existing industrial units to the south and would be read in that context without appearing as an incongruous feature.
6.11 The positioning and layout of the proposed units would be in keeping with the character and appearance of the wider area and deemed to be an acceptable form of development that is proportionate to the site that complies with those sections of GP 2(b)&(c).
NEIGHBOURING AMENITY 6.12 The nearest residential dwelling houses are to the north of the site namely, across the Bypass and on the newly constructed residential estate. Those properties whose rear elevations would be facing the site are referenced C19-C25 but would be approx. 50m away across the bypass. As such they amenity is not considered to be impacted by the proposal given the intervening distances.
6.13 In terms of use of the units and any statutory nuisances that may arise affecting the residential amenity of those properties opposite it is important to consider the uses are proposed to be Class 2.3 which is General industrial and class 2.4 which is Storage or distribution. As such these uses are not generally known for being noisy and disruptive uses of buildings that could cause a statutory nuisance and then considered to have a detrimental impact upon the residential amenity opposite. In any case conditions can be applied to ensure the use, hours of operation are appropriately managed in this instance.
6.14 Given the intermediate distances, the design, scale and massing of the buildings, these are not considered to harm the enjoyment of the neighbouring dwelling houses or considered to harm the neighbouring amenity through any overlooking, leading to a loss of privacy or loss of light through the building having an overbearing impact or any considered to harm the residential amenity through the buildings general appearance. This aspect would be considered compliant with those sections of General Policy 2(g) and Environmental Policy 22.
HIGHWAY SAFETY 6.15 Access to the units will be from main Ballasalla round about and into the Balthane Industrial Estate via Balthane Road and onto the (unnamed road) highway that currently serves the existing units to the south of the application site. The two blocks of units will connect onto this highway (unnamed road) by way of 3 no. junctions that provide access to the units car parking and vehicle circulation areas.
6.16 The submitted Transport Assessment, has been prepared in accordance with the guidance contained in Manual for Manx Roads (MfMR) which has identified those aspects of a road design, access and landscaping areas of the proposals that could give rise to road safety concerns and, where possible, have suggested modifications that would improve the road safety of the resultant scheme. This has resulted in the proposed scheme and has also been audited through a Stage 1 Road safety Audit dated August 2025. These junctions have been designed in such a way that they will be able to accommodate those movements of articulated / refuse vehicles and would allow enough space when entering or exiting of the site for the individual units with adequate visibility spays of 2.5m x 90m in either direction (This being in excess 2.4 x 43m that is required).
6.17 In terms of parking provision, the development will provide 57 external parking spaces, which satisfies the IoMSP standard for industrial development (2113 sq.m of total floor area, 1 space per 50 sq.m). Storage and distribution uses require 1 space per 100 sq.m and as such the use of any units for storage purposes would not result in inadequate parking provision. The services for the development have been designed to facilitate the provision of EV charging points to each unit where required, and as stated above the development allows for secure cycle storage.
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6.18 The concern raised from highways regarding the marking of double yellow lines for the accesses to the bellmouths and the request of a drawing to demonstrate this could similarly be achieved with an appropriately worded condition to ensure that prior to any occupation; double yellow line road marking extend into the bellmouth to each communal courtyard as recommended in the applicants own traffic assessment on page3.
6.19 From a planning perspective and having considered the highways safety aspect and the use of the proposed accesses in a safe and appropriate manner, it would not be considered to have any adverse impact on the wider existing highway or upon those users entering and exiting the site. As such the proposal would be considered to align with the principles of Gp2 h&I and TP1,2,4,7 and SP10 and the relevant design guides (MfMR) and best practice guidance.
ECOLOGY 6.20 In terms of the proposals, it is important to note the comments from the ecosystems policy team and that they don't object but seek conditions to limit any external lighting and to ensure the bird and bat boxes are installed as per the drawings. Their general support on this application is welcomed, and they have suggested two conditions to address those aspects of ecology ensuring the proposals would be acceptable and comply with STP4b&c.
7.0 CONCLUSION 7.1 For the above reasons, it is concluded that the planning application has been designed to ensure there is no adverse visual impact and would not harm the use and enjoyment of neighbouring properties or the highway network which would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and is recommended for approval.
RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 8.1 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).
8.2 Article A10 sets out that the right to appeal is available to: 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.
8.3 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.
8.4 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.
8.5 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: 12.12.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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