DEC Officer Report

Application No.: 21/00914/B Applicant: Haven Homes Limited Proposal: Erection of Industrial Unit for general industrial/light industrial/storage/distribution with associated parking (amendment to approved under PA 21/00294/B) Site Address: Unit 02 (Block A) Former Bulk Gas Storage Installation Balthane Industrial Estate Ballasalla IM9 2AG Planning Officer: Mr Toby Cowell Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 03.05.2023

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. 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 3. 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 4. 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-

110/700) 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. This application has been recommended for approval for the following reason.

The proposed development is considered to be minor in nature and such that the character and appearance of the immediate locality would not be materially affected. 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; 1273-008.01 RevB

• 1273-008.03 RevB
• 1273-008.04 RevA 1273-008.11 RevA Received 03.08.21

19-110 700 Received 01.05.23 _______________________________________________________________ Interested Person Status – Additional Persons None. _____________________________________________________________________________

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 most recent approval 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 running towards the site's south-eastern corner, and approved unit. - 02 with its associated parking. The proposals seek the following changes to the approved scheme:

• - Relocation of main access door from the left hand side to right hand side,
• - Relocation of pedestrian access from right hand corner to left hand corner;
• - Alterations to parking layout in front of Units 01 and 02.

2.2 No changes are proposed with respect to the number of parking spaces to be delivered within the area outlined in red, with no further changes proposed to Unit 02 aside from the minor fenestration changes described above. - 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):

"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. 19110/50) 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.

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.

- 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 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 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 nonhazardous 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 DEFA Fisheries - no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse. This is due to the nature of both the watercourse and the proposed works. (07.09.21) - 5.3 Highways Services - no objection subject to condition for the site layout to accord with Drawing No: 008.03 Rev B. (18.08.21)

Highways Development Control notes the amendments uploaded on 3 April 2023. The alterations to the car parking layout with access to approved layout under PA: 21/00294/B remain acceptable for HDC to request condition for the site layout to accord with Drawing 009.03 Rev B. The Applicant is advised that a s109(A) Highway Agreement would be needed still for the approved alterations to the site access junction. (05.04.23)

An amended plan was submitted and additional information provided noting that the fire access in question was for pedestrian use only during an emergency but having no right of vehicular access. The site benefits from its own water deluge system and the fire and rescue service would enter through the main gate to the south or position appliances on Peel Road which sits above the site. This explanation was considered to be acceptable by Highways Services.

5.4 Flood Management Division - Do not oppose. (09.09.21)

6.0 ASSESSMENT - 6.1 The proposed alterations to the approved scheme are considered to be relatively minor in nature and such that the changes are purely functional. The mirroring change in fenestration on the front elevation would pose no material visual impact in the context of the wider approved scheme, with the parking layout proposed to be altered in order to correspond with the elevation changes. - 6.2 The approved Primary Drainage Scheme which accompanied the original approval (PA 21/00294/B) would remain unaltered as a result of the proposed alterations to the scheme,

• irrespective of whether the original permission were implemented in full in accordance with the approved details, or indeed whether this particular scheme were implemented in tandem with the original approval for the remainder of the site outside of the current red line boundary.
• 6.3 It is further noteworthy that the storage facility has been decommissioned with all flammable gasses having been removed from site, therefore ensuring there are no outstanding health and safety implications.

- 7.0 CONCLUSION

7.1 The proposed development is considered to be minor in nature and such that the character and appearance of the immediate locality would not be materially affected. 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: 09.05.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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