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21/00913/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 21/00913/B Applicant : Haven Homes Limited Proposal : Creation of Site Area for stationing, washing and maintenance of rental motor vehicles and secure parking of customer vehicles, erection of Industrial Unit for vehicle maintenance purposes with associated parking (amendment to approved under PA 21/00294/B) Site Address : Units 05, 06, 07 And 08 (Block C) Former Bulk Gas Storage Installation Balthane Industrial Estate Ballasalla IM9 2AG
Planning Officer: Mr Toby Cowell Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 24.07.2023 __
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. Prior to the occupation of the development, the hard and soft landscaping works detailed on the drawing referenced 1273-010.05 RevA shall be carried out in accordance with the approved works. Any trees or plants which within a period of five years from the date of planting die are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of species and size first approved in writing by the Department. All hard landscaping shall be permanently retained.
Reason: To ensure the provision of appropriate landscape setting for the development.
C 3. 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.
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Reason: In the interests of highway safety.
C 4. 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 5. The development hereby approved shall not be occupied or operated until the Primary Drainage Scheme has been provided in accordance with the approved plans (Drawing No. 19- 110.50 RevB) and shall be permanently retained thereafter and solely for the purpose of surface water drainage.
Reason: To ensure that there are no adverse impacts on the Ronaldsburn watercourse.
C 6. For the avoidance of doubt, no discharge of surface water from the site into the Ronaldsburn watercourse is permitted during the construction phase of the development, with no surface water discharge into the Ronaldsburn watercourse permitted in respect of the operation of the valeting business in perpetuity.
Reason: To ensure that there are no adverse impacts on the Ronaldsburn watercourse.
This application has been recommended for approval for the following reason. The proposed development is considered to be relatively minor in nature and such that the character and appearance of the immediate locality would not be materially affected, whilst improving biodiversity within the site through the introduction of additional soft landscaping. Likewise, the proposals are further considered to be acceptable with respect to highway safety and drainage matters. The proposals are therefore considered to be compliant with Spatial Policy 3, Strategic Policy 5 and General Policy 2 of the Strategic Plan (2016).
Plans/Drawings/Information;
This approval relates to drawings referenced; 1273-010.00 RevA 1273-010.01 RevA 1273-010.02 RevA 1273-010.03 RevA 1273-010.04 RevA 1273-010.05 RevA 1273-010.06 RevA 1273-010.10 RevA 1273-010.11 RevA 1273-010.12 RevA 1273-010.13 RevA Received 03.08.21
19-110.50 RevB Received 18.07.23
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Interested Person Status - Additional Persons It is recommended that the following Government departments should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
DoI Flood Risk Management Manx National Heritage
as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
1.0 THE SITE 1.1 The application site comprises the former Bulk Gas Storage Installation within the wider Balthane Industrial Estate, located to the south of the Balthane Road and west of JCK Recycling Yard. The site is understood to be presently used as part of the yard to the south west.
1.2 The Ronaldsburn water course runs adjacent to the site's eastern boundary which separates the site from the adjacent industrial yard. On the northern boundary of the site tree clusters are noted which aid in blending the site with the well landscaped and vegetated adjacent industrial site and field situated circa. 30m to the north-west. The existing access is currently gated off with mesh gates set back from the highway.
2.0 THE PROPOSAL 2.1 Permission is sought for various amendments to the original permission to redevelop for the site (PA 21/00294/B) in relation to the erection of 11 units for general industrial/light industrial/storage/distribution use with associated parking. The application site outlined in red however only relates to a portion of the wider site, which includes the site access, a continuation of the access extending southward within the site, and the site's western corner contained approved Units 05, 06, 07 and 08, together with associated parking for these units. The proposals seek the following changes to the approved scheme:
Alterations to the drainage scheme to accommodate removal of waste water associated with the vehicle washing facility.
3.0 PLANNING HISTORY 3.1 The site benefits from an extensive planning history, the most recent and material of which is the following (PA 21/00294/B):
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"Removal of Condition 6 of PA 19/01421/B, Erection of 11 units for general industrial/light industrial/storage/distribution with associated parking, concerning no discharging of surface water to adjacent Ronaldburn stream"
3.2 This application was granted planning permission under delegated authority in May 2021 and therefore remains extant, with the following conditions included within the decision notice:
C1. 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.
C2. The development shall not commence until a hard and soft landscaping scheme has been submitted to and approved in writing by the Department. Such scheme shall include details of all walls, fences, trees, hedgerows and other planting to be retained, new walls, fences and other boundary treatments and finished ground levels, planting specification including numbers, density size species and positions of all new trees and shrubs, location of grassed areas, details of hard surface treatment of the open parts of the site and a programme of implementation. All hard and soft landscaping works shall be carried out in accordance with the approved programme of implementation. Any trees or plants which within a period of five years from the date of planting die are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of species and size first approved in writing by the Department. All hard landscaping shall be permanently retained. Reason: To ensure the provision of appropriate landscape setting for the development.
C3. 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 shall be kept available for the parking and turning of vehicles associated with the development. Reason: In the interests of highway safety.
C4. The development hereby approved shall not be occupied or operated until bicycle storage has been provided in accordance with details first approved in writing by the Department and the bicycle storage shall thereafter be permanently retained. Reason: To promote sustainable travel in the interests of reducing pollution and congestion.
C5. 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.
C6. The development hereby approved shall not be occupied or operated until the Primary Drainage Scheme has been provided in accordance with the approved plans (Drawing No. 19- 110/50) and shall be permanently retained thereafter and solely for the purpose of surface water drainage. Reason: To ensure that there are no adverse impacts on the Ronaldsburn watercourse.
C7. The development hereby approved shall not be commenced until details of a 'Construction Environmental Management Plan', which details the measures to be taken to protect the watercourse during construction, have been submitted to and approved in writing by the Department. Reason: To ensure that there are no adverse impacts on the Ronaldsburn watercourse during the construction phase of the approved development.
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3.3 Details required for submission in relation to pre-commencement conditions 2, 4 and 7 have already been submitted and approved by the Department. The permission does not however, upon visiting the site, appear to have been commenced.
3.4 Finally, it is further noteworthy that this application has been submitted in tandem with 3 separate applications to amend portions of the wider approved scheme (PA's 21/00912/B, 21/00913/B and 21/00914/B). Following internal review and discussion, together with the submission of amended plans where relevant, it has been confirmed that all 3 applications (if approved), could be implemented without prejudice to the previous extant permission (PA 21/00294/B), which could still be lawfully implemented in tandem with some or all of the 3 no. subsequent applications. PA's 21/00912/B and 21/00914/B have recently been granted planning permission.
4.0 PLANNING POLICY 4.1 The site is located within the Balthane Industrial Estate and an area zoned for 'industrial' development within the Area Plan for the South. The site is also classified as a Major Hazard site on the Area Plan for the South (2013) Map 1: Constraints. The southeast section of the site is considered to have high likelihood of surface water flood risk as shown on the Isle of Man Indicative Flood Risk Maps. Given the nature of the application it is appropriate to consider the following policies of the Isle of Man Strategic Plan (2016).
4.2 General Policy 2 states (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (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; (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."
4.3 Section 7.9: Watercourses and Wetlands 7.9.1 A watercourse or wetland, including ponds and dubs, can be affected by building or engineering operations (either during or after completion of works) or new uses of land which are carried out anywhere within the catchment area. New development in the vicinity of such areas can result in pollution, sedimentation or direct deterioration. Land infill and tipping, mineral exploitation, large scale developments and activities which disturb contaminated material are of particular concern. In all but the most minor proposals, consideration will be given to the protection of watercourses and wetland areas which may be affected by a proposed activity. In addition to requiring planning permission, any work on a watercourse, stream or designated Main River (and normally including the banks for a distance of 9m (30ft) either side) requires the permission of the Department of Transport's Land Drainage Engineer, in accordance with the Land Drainage Act 1934.
4.4 Environment Policy 7: Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures
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will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
(a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; (b) details of pollution and alleviation measures must be submitted; (c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and (d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species.
4.5 Paragraph 7.23.1 There are a number of installations on the Island that represent a constraint on development in the vicinity because of health and safety considerations. Such installations are essential Island facilities such as the petroleum and LPG storage at Douglas Harbour. The type of constraint posed to development varies by facility and therefore there will be a need for the Department to consult with the Health and Safety at Work Inspectorate regarding any development within such zones.
4.6 Environment Policy 29: In considering development proposals within Consultation Zones as designated on the Area Plans or published Consultation Zone Maps, the Department will consult with the Health and Safety at Work Inspectorate to determine the appropriateness of the development. In all cases, the health and safety of the public will be the overriding consideration. Developments which would conflict with the requirements of health and safety will not be permitted.
4.7 Paragraph 7.20.2 The practice of reclaiming contaminated land and bringing it back into beneficial use is supported, whether it be suitable in the end for open space or residential development or as deemed appropriate in the Area Plans. It is important that however former contaminated land is utilised, both health and property are safeguarded. Detailed surveys may be required to identify the extent of contamination and how contamination problems can be overcome. On sites where the Department has no control, the developer will have responsibility to ensure that any development site is free of contamination which may constitute a hazard to occupiers or potential users of the development or land. Furthermore, precautions will be essential to ensure that contaminants cannot escape from the site which may cause airborne or waterborne pollution or pollution of nearby land.
4.8 Environment Policy 26: Development will not be permitted on or close to contaminated land unless it can be demonstrated that there is no unacceptable risk to health, property or adjacent watercourses.
4.9 In addition to the IOM Strategic Plan, the Area Plan for the South 2013 also contains the following policies and paragraphs which are fundamental in the assessment of this application:
4.9.1 Employment Proposal 1: "All industrial uses, other than small scale light industrial uses considered to be acceptable within the Mixed Use areas, or those uses deemed appropriate by the Isle of Man Strategic Plan Business Policy 7, will be located on the Industrial Estate at Balthane and where appropriate Ronaldsway and the Freeport."
4.9.2 Paragraph 5.23 Hazardous Sites 5.23.1 There are two identified major hazard sites within the Southern Area. One is located within the Balthane Industrial Estate; the other is between the settlements of Port Erin and
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Port St Mary and surrounds the gas tanks. Both are depicted by concentric circles on Map 1 or what are known as 'consultation zones.' It is likely that these two sites will become non- hazardous in the future with the planned removal of gas storage at Balthane and the cessation of the gas plant usage at Port St Mary. Where development is proposed within these zones, the Health and Safety at Work Inspectorate will be consulted to ensure that there are no health and safety implications. In these cases, Environment Policy 29 of the Isle of Man Strategic Plan, 2007 [now 2016], will apply.
4.9.3 Paragraph 6.8.3 6.8.3 There is an identified major hazard site identified at Balthane and within the identified 'consultation zone' it will be essential to ensure that the end users are operating in accordance with the relevant guidance relating to hazard sites (see Environment Policy 29 of the Isle of Man Strategic Plan, 2007 [now 2016]). See also paragraph 5.23 in the previous Chapter.
4.9.4 Paragraph 3.24 (vi) "There is support to improving access to and the generally poor physical environment in Balthane Industrial Estate"
5.0 REPRESENTATIONS 5.1 Malew Parish Commissioners - no objection (01.09.21)
5.2 Highways Services - The proposal is to modify Block C units 5-8 by omitting Units 5-7 and replacing with a large compound area of hardstanding predominately for the storage of vehicles to meet a specific end user requirement. Unit 8 is to be and reoriented to allow two vehicle access points served from the new yard and no mezzanine floor provided.
Pedestrian and vehicular access would remain as approved under PA 21/00294/B. This proposal would not worsen the situation on which we raised concerns at the time of the planning application. The proposed arrangements under PA 21/00912/B would go someway to remedy sustainable travel and conflicting movements at the main entrance should it be successful.
The approved vehicle parking areas total 15 spaces, bays 21-25; 26 to 37 are reduced to seven spaces based on a revised parking amount using the IOM Strategic Plan car parking standard for general industrial use and storage ratio of 1:50sqm nett and 1:100sqm respectively as proxy for the proposed sui generis use. This is considered a reasonable approach. The amount is sufficient for the floorspace proposed. Parking bays are renumbered, 23-29 with two, numbers 28 and 29 to be within the gated area for the intended two full time equivalent staff. The others are to be for visitors. All have sufficient manoeuvring space and confirmed by the swept path analysis.
40 other spaces are proposed for storage purposes which are in the most part in a triple nose to tail arrangement. This is not unusual for such storage, but does require much shunting if at or near capacity and may pose an amenity issue. Usually compounds are widely lit for safety and security reasons and further details may be necessary again for amenity reasons. Electric vehicle charging points should be considered.
Dimensions of the storage spaces are of adequate length of 5m, but narrower for access and door openings at 2.25m whereas 2.4m is more usual for communal parking arrangements regardless of 1.8m width of most cars as well as shorter length of 4.8m. 5 x 2.5m is the recommended size in the Manual for Manx Roads. If a restriction of numbers could be applied by a planning condition it would not be essential to have these bays marked which would allow for flexibility in storing of vehicles of different sizes.
Bays 23-27 are to be 5 x 2.5m meeting MfMR requirements. Bays 28 and 29 are to run parallel to Unit 8 and are 6mx 2m sufficient for such configurations to allow practical entry and exit by drivers.
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We note that there are two other proposals under PA 21/00912/B for Block B and PA21/00914/B for Block A. Should these come forward successfully each in combination with this proposal or for all to be permitted, the arrangements would be suitable in the main with the total vehicle parking demand significantly reduced to between 32 and 34 spaces depending on the floor space combination. This is mainly due to the proposed mixture of general industrial and storage and distribution use classes within Block C having a lower parking ratio. The Applicant notes in the Planning Statement that should the use class remain entirely light industrial the approval for 50 vehicle spaces would not be exceeded. This is confirmed by our own calculations.
The amount of predicted traffic for the Block C proposal is expected to be non-material and lower to that approved given the higher storage element. As drawn, the proposal does not raise significant road safety or network functionality issues. Accordingly, Highway Services raise no objection subject to conditions for the site layout to accord with Drawing No: 010.03 Rev B, and restriction on storage for up to 40 vehicles. (18.08.21)
5.3 Flood Management Division - Do not oppose. (09.09.21)
5.4 Manx National Heritage - An extensive hedgerow surrounds the application site but there does not appear to be information as to whether not is to be retained. If the hedge is to be removed we request that works are undertaken outside the summer months from the beginning of April to the end of August. Works to the hedges would ideally take place outside the nesting season and any works taking place at any time must only commence once a check for nesting birds has been undertaken.
All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: intentionally or recklessly kill, injure or take any wild bird; intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built; intentionally or recklessly take or destroy the egg of any wild bird; intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. (17.08.21)
6.0 ASSESSMENT 6.1 The proposed alterations to the approved scheme are considered to be relatively in minor in nature, with minimal changes to the overall site layout. Parking provision within the site would remain acceptable as confirmed by Highways Services with no changes proposed to the approved site access. Additional soft landscaping in the western corner of the site is also welcomed with detailed proposals having accompanied the submission, thereby resulting in a moderate visual improvement whilst aiding biodiversity within the site. Comments received from Manx National Heritage with respect to the hedgerow are noted, with the protection of birds potentially nesting within the hedgerow are safeguarded under the Wildlife Act 1990.
6.2 The overall changes to the site layout and loss of 3 no. units are not considered to be significant in the context of the approved scheme and such that the character and appearance of the immediate locality would not be materially affected within the wider industrial estate. The proposals are therefore acceptable from a design and visual impact perspective, in compliance with General Policy 2.
6.3 The approved Primary Drainage Scheme which accompanied the original approval (PA 21/00294/B) would require some alteration with waste water from the vehicle washing facility to be stored in an underground tank and removed by a tanker roughly every 4 weeks. This arrangement is considered to be acceptable with the tank located within close proximity to the compound's access to negate the need for a tanker to manoeuvre within the site. Should this scheme not be implemented, the original primary drainage scheme approved would instead be implemented in tandem with the approved scheme.
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7.0 CONCLUSION 7.1 The proposed development is considered to be relatively minor in nature and such that the character and appearance of the immediate locality would not be materially affected, whilst improving biodiversity within the site through the introduction of additional soft landscaping. Likewise, the proposals are further considered to be acceptable with respect to highway safety and drainage matters. The proposals are therefore considered to be compliant with Spatial Policy 3, Strategic Policy 5 and General Policy 2 of the Strategic Plan (2016), and recommended for approval.
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 in Article 6(4) who should be given Interested Person Status. __
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.
Decision Made : Permitted
Date: 24.07.2023
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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