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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. 22/00416/B Applicant : Eden Park Development Limited Proposal Combined approval in principle and full approval for phased development for industrial and business park uses including Class 2.1, 2.2, 2.3 and 2.4 together with access and associated infrastructure. Full approval for the access, estate road, strategic drainage infrastructure, structural landscaping and biodiversity enhancement areas and with Phase 1 of the employment units (Zone A). All matters apart from access reserved for the development within Zones B, C and D Site Address Land To The South Of Cooil Road Braddan Isle Of Man

Case Officer :

Mr Chris Balmer Photo Taken :

Site Visit :

25.05.2023 Expected Decision Level Planning Committee

Recommendation

Recommended Decision: Permitted Date of Recommendation 13.06.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The development of Zone A as shown on drawing Hart32-000-10 REV A 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 means of vehicular access to Zone A has been constructed in accordance with the approved plan Hart32- 000-10 REV A and ITB14273-GA-005 REV E shall thereafter be retained for access purposes only.

Reason: In the interests of highway safety.

C 3. The development hereby approved shall not be occupied or operated until the means of access for pedestrians and/or cyclists in relation to Zone A has been constructed in accordance with the approved plans Hart32-000-10 REV A shall thereafter be retained for access purposes only.

Reason: In the interests of highway safety and to promote sustainable travel in the interests of reducing pollution and congestion.

C 4. 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 Hart32-000-10 REV A. 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.

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

C 5. The development shall not be occupied or operated until the secure and covered bicycle store and motorcycling parking bays(s) have been provided in accordance with the approved plans. The secure and covered bicycle store and motorcycling parking bays shall be retained at all times thereafter.

Reason: To promote sustainable travel in the interests of reducing pollution and congestion.

C 6. All planting, seeding or turfing comprised in the approved details of landscaping (drawing 1579/15-100 REV N) must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of any unit, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: To ensure the provision of an appropriate landscape setting to the development.

C 7. Prior to the commencement of works above ground level a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs of Blocks 1 & 2 of Zone A, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.

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

C 8. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the Units within Zone A; shall not be used other than for Class 2.2 - Light industry and Research and/or Development and/or Class 2.4 - Storage or distribution and for no other purposes.

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 9. Prior to the commencement of any development a detailed low level lighting plan (including street lighting along the estate road and to adoptable standard) as per the recommendations made within The BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018) shall be submitted to and approved by the Department and the approved scheme shall be fully adhered to and retained thereafter.

Reason: To ensure adequate protection of protected species and adequate lighting levels for the highway.

C 10. Prior to the occupation of any unit within Zone A the attenuation tanks and foul drainage provisions to an adoptable standard as shown in drawings 21-012-01 REV B and 21-012-11 REV B and as outlined within the "Planning Statement Relating to Site Drainage" (BB Consulting Engineers, March 2023) in relation to Zone A shall be completed and operational, and maintained thereafter for the lifetime of the development.

Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal is incorporated into the design and the build and that the principles of sustainable drainage are incorporated into this proposal and maintained for the lifetime of the proposal.

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C 11. No unit within Zone A shall be occupied until the extension of the 3m (3.5m wide at bus stop) shared use footway/cycleway running from the roadside frontage of the Jacksons site to the north western edge of the Riley's Garden Centre Car Park adjoining Zone B; internal footpaths/cycleway; provision of dropped kerb crossings and tactile paving have all been completed as shown on drawings ITB14273-GA-102 REV D and 14 REV A which includes the re- profiling of existing bank to match existing and retention of all trees and hedgerows except for those shown to be removed on drawing TRN-230322 and retained thereafter.

Reason: to ensure the provision of an appropriate landscape setting to the development and to promote sustainable travel in the interests of reducing pollution and congestion.

C 12. Prior to the commencement of any development details shall be provided of the location of the bus stop along Cooil Road shall be submitted to and approved in writing by the Department. The approved bus shelter shall be completed and operational before the occupation of any unit within Zone, A, B, C & D and maintained thereafter for the lifetime of the development.

Reason: In the interest of retaining existing trees where possible and to promote sustainable travel in the interests of reducing pollution and congestion.

C 13. Prior to the commencement of any development (including clearance and enabling works, taking place) hereby approved A Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Department which details the roles, responsibilities, training, procedures and monitoring on site which will ensure that the environment is protected during all phases of the development and all environmental legislation and policy is adhered to. The CEMP will need to incorporate the following avoidance and mitigation measures and the works must be undertaken in strict accordance with these measures: o Precautionary Working Method Statement (PWMS) for birds which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on birds - timescales for vegetation removal, checks by ecologists, installation of suitable located bird boxes prior to tree felling and site clearance, and mitigation should breeding birds be found or issues be encountered in relation to red list species; o PWMS for bats which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on bats - to include pre-felling inspections and, timing of felling, installation of bat boxes prior to felling, responsible construction lighting, protection measures to avoid damage to surrounding trees and habitats, as well as the measures to be taken if bats or evidence of bats is found, including the erection of additional bat boxes; o PWMS for common frogs, which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on frogs - reasonable avoidance measures (RAMs) for frogs and mitigation should frogs be found (may include the creation of additional hibernacula features). o PWMS for viviparous lizard, which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on lizards - RAMs for lizards and additional mitigation should lizards be found; o PWMS for schedule 8 plants - to include an updated survey for Schedule 8 invasive plant species prior to any works taking place, adoption of responsible working methods to ensure invasive plants are not spread and comprehensive removal plans for any Schedule 8 plants found on site. o Measures to the protection of boundary hedges and other areas of habitat during construction, including protective fencing of all of the hedges and boundary features and construction exclusion areas. o Measures to be taken to prevent water, sediment and pollution runoff from site, including measures to prevent the degradation of neighbouring wetland habitat and to measures for the avoidance of light pollution onto surrounding habitats.

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o Thresholds for further ecological surveys, e.g. should further evidence be found of use of the site by bird species of conservation concern.

Reason: To ensure adequate protection of protected species on the site.

C 14. Prior to the commencement of the development (including clearance and enabling works, taking place) hereby approved details of a suitably qualified Ecological Clerk of Works (ECoW) shall be submitted for approval by the Department and the appointed person shall supervise the pre-construction and construction phases of the development to oversee all protected species work, the implementation of measures identified within a Construction Environmental Management Plan (CEMP) and the creation and implementation of an ecological mitigation plan.

Reason: To ensure adequate protection of protected species on the site.

C 15. Prior to the commencement of any development (including clearance and enabling works, taking place) hereby approved an Ecological Mitigation Plan, created with a suitable qualified ecological consultancy shall be submitted to and approved in writing by the Department, and should include a timescale for implementation. The Ecological mitigation plan will need to incorporate the following: o Plans to mitigate against the loss of bat roost features, including the provision of incorporated bat boxes in the new buildings, external bat boxes on new trees, veteranisation of trees/ creation of bat roost features within trees, and the retention and translocation of the tree trunk which has high potential for a bat maternity colony. o Plans to mitigate the loss of nesting bird features and habitat- the creation of new habitats or habitat features, enhancement of existing habitats, inclusion of bird boxes and bricks in the new buildings and on trees etc. o Plans for the creation of all of the new habitat features- thicket planting, mixed native hedgerow woodland planting, species rich grassland and wetland grassland creation (all shown on the illustrative landscape - strategic drainage plan (Drg no. 1579/15-102 REV F), o Plans for the long-term management of these new habitat features and for the orchid patch which is present in field 522153. The plan for the orchid patch should include annual management methodologies, plans for responsible removal of the spreading willow trees and ideally plans for the expansion of the orchid area. o Plans for the creation of artificial refuges and hibernacula to mitigate against the loss of log and rubble piles in accordance with recommendations of MWT's Protected Species Report for Common Frog.

The approved Ecological Mitigation Plan shall be fully adhered to in accordance with these approved measures.

Reason: To ensure adequate ecological mitigation on the site.

C 16. Prior to the commencement of units within Zone A details of all renewable energy provision shall be submitted in writing to the Department for approval and these approved details shall be completed and operational prior to the occupation of any unit.

Reason: In the interest of Climate Change Act which seeks to ensure all buildings have alternatives to fossil fuel heating systems.

C 17. All Structural Landscaping and Biodiversity Enhancements Landscaping/Works comprised in the approved details of landscaping (drawings 1579/15-101 REV N, 1579/15-100 REV N and 1579/15-102 REV F) must be carried out in the first planting and seeding seasons following the commencement of the development within each phase (Zone A, B, C or D or the estate access road). Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

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Reason: to ensure the provision of an appropriate landscape setting to the development and to ensure biodiversity net gain.

C 18. Prior to occupation of any commercial unit or group of units within Zone A, B, C or D, a Detailed Travel Plan for that unit(s) shall be submitted to and approved in writing by the Department in general accordance with the i-Transport Framework Travel Plan dated 18th March 2022 submitted with the application and shall be implemented thereafter in accordance with the measures set out therein.

Reason: to ensure the sustainable travel options are undertaken as proposed.

C 19. Prior to the commencement of construction works details of the construction access (must be via existing or approved access within this submission) and construction traffic management shall be submitted to and approved in writing by the Department and the development must be undertaken in accordance with these details.

Reason: To maintain safe and adequate site access arrangements for construction traffic and other highway users.

C 20. No tree marked as being retained on drawings RN-230322 REV A, TRC-291121, TRE- 291121 and TRS-291121 shall be cut down, uprooted or destroyed during the development phase and thereafter within 5 years from the date of occupation of any unit, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action shall be approved in writing by the Department and implemented in accordance with the approved details.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

C 21. Prior to the commencement of the development hereby approved an Arboricultural Method Statement (AMS), adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department. The AMS should address all the technical design issues discussed in Section 6 of BS5837, and especially how tree protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees and other existing landscape areas. Such areas include tree protection measures along Cooil Road (where new footpath/bus stop is to be installed) and estate road/roundabout section of the development. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works .

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

C 22. Notwithstanding Condition 20 prior to the commencement of the development hereby approved an Arboricultural Methods Statement that addresses the installation of permanent ground protection at the proposed cycleway shall be submitted to an approved by the Department and these approved details shall be completed prior to the use of the cycleway and retained thereafter.

Reason: To safeguard the areas to be landscaped and the existing trees

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C 23. Prior to the occupation of any unit within Zone B the attenuation tanks and foul drainage provisions to an adoptable standard as shown in drawings 21-012-01 REV B and 21-012-11 REV B and as outlined within the "Planning Statement Relating to Site Drainage" (BB Consulting Engineers, March 2023) in relation to Zone B shall be completed and operational and maintained thereafter for the lifetime of the development.

Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal is incorporated into the design and the build and that the principles of sustainable drainage are incorporated into this proposal and maintained for the lifetime of the proposal.

C 24. Prior to occupation of any commercial unit or group of units within Zone C or D the attenuation tanks, attenuation pond and foul drainage provisions to an adoptable standard as shown in drawings 21-012-01 REV B, 21-012-12 REV B, 21-012-13 REV B, 21-012-14 REV B, 21-012-15 & 21-012-16 and as outlined within the "Planning Statement Relating to Site Drainage" (BB Consulting Engineers, March 2023) and drawing Hart32-000-55 REV A in relation to Zone C and D shall be completed and operational and maintained thereafter for the lifetime of the development.

Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal is incorporated into the design and the build and that the principles of sustainable drainage are incorporated into this proposal and maintained for the lifetime of the proposal.

C 25. No unit within Zone B, C or D shall be occupied until the extension of the 3m wide shared use footway/cycleway running from the Eden Park entrance to the north western edge of Riley's Garden Centre Car Park adjoining Zone B; internal footpaths/cycleway; provision of dropped kerb crossings and tactile paving and the bus stop have all been completed as shown on drawings ITB14273-GA-011 REV F, ITB14273-GA-102 REV D and Hart32-000-14 REV A which includes the re-profiling of existing bank and retention of all trees and hedgerows except for those shown to be removed on drawing TRN-230322 REV A and retained thereafter.

Reason: to ensure the provision of an appropriate landscape setting to the development and to promote sustainable travel in the interests of reducing pollution and congestion.

C 26. Application for approval of the reserved matters shall be made to the Department before the expiration of five years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.

Reason: To avoid the accumulation of unimplemented planning approvals and so that the proposals can be reassessed in the light of any change in circumstances or policy.

C 27. As part of any Reserved Matters application within Zone B, C and D full details of the following are required; o siting; o design; o external appearance of the building[s]; o internal layout; o landscaping of the site; o the surface treatment of any roadways and other parts of the site which will not be covered by buildings; o plot access arrangements; o Low level lighting plan; o details of renewable energy provisions; o internal pedestrian and vehicle arrangements;

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o parking and servicing arrangements; and o details of surface water and foul drainage.

Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.

C 28. No unit within Zone B, C or D shall be occupied until the estate road and shared footway/cycleway from the junction of the adopted highway as shown in drawings ITB14273- GA-005 REV E and Hart32-000-04 REV A to the access of that unit has been constructed to an adoptable standard to serve each phase.

Reason: In the interest of Highway Safety and provide access to each development phase.

C 29. The maximum parameters of the development proposed in Zone B and Use Classes are as follows: Uses Classes 2.2, 2.3 & 2.4, maximum floorspace (sqm gross) 11,860 and maximum height 15m (102m AOD) as set out in Environmental Statement Table 1 and drawings 07 REV A & Hart32-000-04 REV A.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use/s and any alternative uses will require further consideration and the visual impact has been judged on the maximum parameters of the development proposed within the Environmental Statement and Appendix 5g Visual Figures.

C 30. The maximum parameters of the development proposed in Zone C and Use Classes are as follows: Use Classes 2.2, 2.3 and 2.4; maximum floor space (sqm gross) 5,000; and maximum building height of 15m (107m AOD) as set out in Environmental Statement Table 1 and drawings 07 REV A & Hart32-000-04 REV A.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use/s and any alternative uses will require further consideration and the visual impact has been judged on the maximum parameters of the development proposed within the Environmental Statement and Appendix 5g Visual Figures.

C 31. The maximum parameters of the development proposed in Zone D and Use Class are as follows: Use Class 2.1 (Business Parks for Corporate Headquarters as allowed under Business Policy 7), no approval for general office use. Maximums floor space (sqm gross) 9,000sqm and maximum building height of 12m (102 AOD) as set out in Environmental Statement Table 1 and drawings 07 REV A & 04 REV A.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use/s and any alternative uses will require further consideration and the visual impact has been judged on the maximum parameters of the development proposed within the Environmental Statement and Appendix 5g Visual Figures.

This application has been recommended for approval for the following reason. It is considered for the reasons indicated within this report the proposal overall, would not have any significant adverse impacts upon public or private amenities and would therefore comply with;

Isle of Man Strategic Plan 2016 Strategic Policy 1, 2, 3, 4, 5, 6, 7 & 10; Spatial Policy 1 & 5; General Policy 2 & 3; Environment Policy 1, 3, 4, 5, 7, 10, 13, 22, 24, 25 & 42; Business Policy 1, 2, 5, 7 & 8; Transport Policy 2, 4, 5, 6, 7 & 8; Energy Policy 5 of the Isle of Man Strategic Plan 2016;

Area Plan for the East 2020 Employment Proposal 2; Development Brief 1; Natural Environment Proposal 1 & 2; Transport Proposal 1 & 2; Utilities Proposal 1, 2, 5, 6; Employment Proposal 1, 2 & 3.

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Climate Change Act 2021

Manual for Manx Roads

Our Island Plan January 2023

Active Travel Plan Travel Investment Plan 2019

A Guide for Applicants: Supplementary Guidance on Economic Issues - December 2022

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers all received;

26.04.2022 PLANNING STATEMENT - DELTA PLANNING DESIGN STATEMENT Public Consultations Report Available Employment Sites Report Air Quality Assessment Ground Investigation Report Outdoor Lighting Report Archaeological Statement Arch Desk Based Asst Arch Evaluation Report Geophys Survey Report Part 1 & 2 Environmental Statement Non-Technical Summary Environmental Statement Volume 1 - Main Text Environmental Statement Volume 2 - Technical Appendices Environmental Statement - Figures 1.1, 3.1,3.2,3.3,5.1,5.2 & 5.3 Environmental Statement - Appendix 1a,1b,5a,5b,5c,5d (part 1 & 2), 5e,5f,5g (part 1&2), 5h,6a, Protected Species Report, 6b,6c,6d,6e,6f,6g,6h,6i,7a (parts 1 to 6), 7b,8a,8b,8c,8d,8e and 8f - comprising all plans submitted, but also the following; o TSN-010621, TSE-010621, TSS-010621, TRN-230322, TRC-291121, TRE-291121, TRS- 291121 and OTP-230322 (Arboricultural Impact Assessment and Tree Constraints Plan) o ITB14273-GA-020 REV A - (Swept Path Analysis) o ITB14273-GA-017 REV A - (Swept Path Analysis) o ITB14273-GA-018 REV A - (Swept Path Analysis) o ITB14273-GA-019 REV A - (Swept Path Analysis) o ITB14273-GA-001 REV D - (Proposed Roundabout) o ITB14273-GA-002 REV C - (Western End Forward Visibility) o ITB14273-GA-021 REV A - (Swept Path Analysis)

Drawing 01 - (Site Location Plan) Drawing 02 - (Existing Site Plan Sheet 1 of 2) Drawing 03 - (Existing Site Plan Sheet 2 of 2) Drawing 50 - (Zone A Block 1) Drawing 51 - (Zone B Block 2) Drawing 52 - (Site Section A) Drawing 53 - (Bicycle Store)

14.02.2023 Material Economic Information including Environmental Statement Extract Drawing A3 87567 GA - (Meter Cabinet)

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31.03.2023 o 01 REV B - (Overall Drainage Layout) o 11 REV B - (Drainage Layout Sheet 1) o 12 REV B - (Drainage Layout Sheet 2) o 15 - (Drainage Layout Sheet 5) o 16 - (Drainage Layout Sheet 6) o Planning Statement Relating to Site Drainage o Planning Statement Relating to Site Hydrology and Flood RisK o A887-LS-02 REV A - (Topographical Survey Plan Sheet 2 of 11) o A887-LS-03 REV A - (Topographical Survey Plan Sheet 3 of 11) o A887-LS-04 REV A - (Topographical Survey Plan Sheet 4 of 11) o A887-LS-05 REV A - (Topographical Survey Plan Sheet 5 of 11) Drawing 04 REV A - (Overall Parameters Plan Sheet 1 of 2) Drawing 05 REV A - (Overall Parameters Plan Sheet 2 of 2) Drawing 06 REV A - (Zones B, C and D Reserved Matters Brief) Drawing 07 REV A - (Overall Illustrative Master Plan Sheet 1 of 2) Drawing 08 REV A - (Overall Illustrative Master Plan Sheet 2 of 2) Drawing 09 REV B - (Site Plan 1 of 5 - Zone D) Drawing 10 REV A - (Site Plan 2 of 5 - Zones A & C) Drawing 11 REV A - (Site Plan 3 of 5 - Zone B) Drawing 12 REV B - (Site Plan 4 of 5 - Service Lane Works) Drawing 13 REV B - (Site Plan 5 of 5 - Pumping Station/Attenuation Works) Drawing 14 REV A - (Cooil Road Bank Realignment) Drawing 100 REV N - (Figure 5.1 Parameterslandscape Plan) Drawing 101 REV N - (Figure 5.2 Illustrativelandscape Plan) Drawing 102 REV F - (Figure 5.3 Illustrative Landscapestrategic Drainage Plan) Drawing 15 REV A (Phasing Plan) Drawing 16 REV A (Accessibility Plan) Drawing 55 REV A (Balancing Pond Section) Planning Statement Relating to Site Drainage Drawing 01 REV B (Overall Drainage Layout) x 2 Drawing 13 REV B (Drainage Layout Sheet 3) Planning Statement Relating to Site Hydrology and Flood Risk Drawing 01 REV B (Overall Drainage Layout) Drawing ITB14273-GA-005 REV E - (Proposed Access Road) Drawing ITB14273-GA-011 REV F - (Existing Access Visibility) Drawing ITB14273-GA-015 REV D - (Westbound Bus Stop) Drawing ITB14273-GA-102 REV D - (Proposed Footway/Cycleway Imporvements) PRELIMINARY ECOLOGICAL APPRAISAL REPORT

26.05.2023 Drawing Q0161396.1.01 REV B - (Pump Station details) Drawing 56 - (Typical Pumping Station Details) Pumping Station CGI Image FIGURE 7 - (Typical Pumping Station Layout)

12.06.2023 TRN-230322revA __

Interested Person Status - Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions these do relate to planning considerations:

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Flood Management Division (DOI) Manx National Heritage Manx Utilities - Gas, Electricity, Water & Drainage

It is recommended that the following persons 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 4(2):

The Isle Of Man Home Of Rest For Old Horses, Bulrhenny, Richmond Hill, Douglas 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

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE DIRECTOR OF PLANNING AND BUILDING CONTROL AND AS A LOCAL AUTHORITY (DOUGLAS) HAS OBJECTED TO THE APPLICATION WHICH IS RECOMMENDED FOR AN APPROVAL

1.0 THE APPLICATION SITE 1.1 The application site comprises a number of parcels of land (approximately 19 hectare - 47 acres) located to the west and south of Riley's Garden Centre and the existing Eden Park Business Park units and land to the south of Robinson's food distribution facility and Jackson's car dealership up to and including the recently constructed access to the car dealership. In addition to the main development area, the site includes two strips of land extending in a south-westerly direction (one at the western and the other at the eastern edge) towards and alongside a brook, known locally as Middle River. Furthermore, a narrow piece of land south of Cooil Road along the frontages of Jackson's, Robinson's and Riley's Garden Centre has also been included within the site boundary as well as the existing access to the Eden Park Business Park.

1.2 The general character of the site is made up of undeveloped agricultural fields with traditional Manx sod and stone banks and hedgerows with mature trees along field boundaries.

1.3 To the west, south and east the site adjoins open countryside of mixed farmland fields and traditional hedgebanks. A number of isolated farm houses are located to the west of the application site off Colooneys Road. The closest property is Garey Ashen, which lies approximately 100m to the west of the application boundary and is separated from the site by an agricultural field. There are also a number of properties to the south-east of the site located off New Castletown Road. The closest dwelling, Brookside, immediately adjoins the very southern edge of the application site.

2.0 THE PROPOSAL 2.1 The application seeks approval for the combined approval in principle and full approval for phased development for industrial and business park uses including Class 2.1, 2.2, 2.3 and 2.4 together with access and associated infrastructure. Full approval for the access, estate road, strategic drainage infrastructure, structural landscaping and biodiversity enhancement areas and with Phase 1 of the employment units (Zone A). All matters apart from access are and the maximum scale of development proposed including internal floor areas and ridge heights are reserved for the development within Zones B, C and D.

2.2 The applicant's state;

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"Overall, the proposal will comprise up to 28,400 sq.m. of development which will be brought forward on a phased basis. Zone A will be the first phase to be delivered and full details are included for the proposed development within this zone. The Overall Parameters Plan submitted with the application shows the detailed layout for Zone A (Phase 1) of the employment units and the proposed access and internal estate road, layout of the drainage infrastructure and structural landscaping and biodiversity enhancement areas. In addition, it establishes core development principles for Zones B, C and D including the proposed use classes, the maximum scale of development proposed including internal floor areas and ridge heights.

An overall Illustrative Masterplan has been submitted with the application, which demonstrates how Zones B, C and D could be developed within the scope of the principles established by the Overall Parameters Plan. Further detail is set out below and also within the accompanying Design Statement and proposed Design Code appended to it."

Details of full approval

Zone A - Full Approval 2.3 In relation to Zone A the proposal is essentially to extend the existing Eden Park Business Park which would be made up of two terraced blocks with a total floor area of 2,540sqm. It is proposed Block 1 will provide 1,500sqm of Class 2.2 - Light industry and Research & Development / Class 2.4 - Storage or distribution development and Block 2 a further 1,040sqm with the same uses. It is proposed to sub-divide each building into 8 individual units. The size, style and form is very similar to the existing Eden Park business units. The main difference with the proposals are they would be finished in Black metal cladding panels, large glazed curtain windows to front elevations (less glazing to Block 2) and dark grey sheeting to roofs. Each unit would have solar panels. The units would be accessed via the existing industrial estate road which serves Eden Park Business Park and Riley Garden Centre.

2.3.1 In terms of car parking, a total of 87 car parking spaces will be provided including 16 accessible spaces. The main car parking area will be located centrally between the two blocks with additional parking proposed to the east of Block 1 fronting onto the extended estate road. The proposals also make provision for 10 motor cycle spaces and cycle parking for 34 bicycles including covered cycle parking.

Access and internal estate roads 2.4 Included within the application for full planning approval is the construction of a new internal estate road to serve the proposed employment units which will be accessed from the existing Jacksons roundabout. The new road will head 250m south from Cooil Road before forming a new four arm roundabout which has been designed to accommodate the traffic from the application proposals whilst also taking account of potential future development on adjacent zoned land (current application for a Cannabis Cultivation Campus under consideration on this site). A spur only will be provided to the first and second arm of the roundabout. From the third arm the internal spine road will head in a westerly direction bordering Zones C, Zone D and Zone A to the south before heading north into Zone B. Provision is made at this point for a cycle/pedestrian link through to Cooil Road subject to final design of Zone B. 3.11. A separate emergency access is also proposed through the existing Eden Park development connecting into the new estate road between Zone A and Zone C.

Strategic drainage infrastructure 2.5 The application initially included a proposal for a new sewerage treatment plant and surface water drainage attenuation ponds to be located approximately 500m to the south of the business park. However, following detail consultations with various Government Departments/Manx Utilities and the applicants the new sewerage treatment plant has been removed from the submission. The surface water drainage attenuation ponds are still included

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within the submission as is a pumping station. Access to the plant for maintenance purposes will be provided via a track from the proposed internal estate road roundabout via a gated access.

Structural landscaping 2.6 Part of the full detail proposals are the provision of the structural landscaping including the retention and enhancement of landscaping areas along the western and eastern site boundary and provision of a new landscaped buffer along the southern site perimeter. Further structural landscaping areas are also proposed between the internal estate road and Zones C and D and between the zones as shown on the Overall Parameters Plan. Structural landscaping will also be provided along the service access track to the attenuation pond. The applicant's indicate that the; "The proposed structural landscaping areas will provide a landscaped edge to the development offering ecological benefits and visual impact mitigation, whilst also creating an attractive setting to the new buildings at the business park."

Biodiversity enhancements 2.7 Land to the south of the main development area has been included within the application boundary as it forms an integral part of the approach to providing biodiversity benefits as part of the proposals. It will include new woodland planting, a new pond and grassland area as well as the enhancement of existing areas with nature conservation interest such as an existing orchid patch, willow area and existing pond.

All the above proposals are for full consideration now and set out the infrastructure, landscaping and biodiversity enhancements will then facilitate the following phases to be undertaken.

Details of Approval in Principle Zone B 2.4 Proposals within this zone are only seeking the principle of such uses and the maximum scale of development proposed including internal floor areas and ridge heights. The proposals do not included full details of the proposed buildings design, parking areas or landscaping. These matters would be dealt at a future Reserved Matters state. This area is 3.31 hectares. The applicants have indicate that within this Zone B the maximum parameters of the development proposed in these areas would be 11,860sqm, have a maximum height of 15m (102m AOD) and the zones Use Classes would be 2.2, 2.3 and 2.4 (Light industry and Research & Development, General industrial and Storage or distribution). The submitted plans show an indicative layout of seven detached industrial buildings with associated parking. Access to this site would be from the main estate road which is outlined in paragraph 2.4.

Zone C 2.5 Proposals within this zone are only seeking the principle of such uses and the maximum scale of development proposed including internal floor areas and ridge heights. They do not included full details of the proposed buildings in terms of design, parking areas or landscaping. These matters would be dealt at a future Reserved Matters state. This area is 0.98 hectares. The applicants have indicate that within this Zone B the maximum parameters of the development proposed in these areas would be 5,000sqm, have a maximum height of 15m (107m AOD) and the zones Use Classes would be 2.2, 2.3 and 2.4 (Light industry and Research & Development, General industrial and Storage or distribution). The submitted plans show an indicative layout of one detached industrial building with associated parking. Access to this site would be from the main estate road which is outlined in paragraph 2.4.

Zone D 2.6 Proposals within this zone are only seeking the principle of such uses and the maximum scale of development proposed including internal floor areas and ridge heights. They do not included full details of the proposed buildings design, parking areas or landscaping. These matters would be dealt at a future Reserved Matters state. This area is 2.07 hectares. The

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applicants have indicate that within this Zone B the maximum parameters of the development proposed in these areas would be 9,000sqm, have a maximum height of 12m (102m AOD) and the zones Use Class would be 2.1 Office. The submitted plans show an indicative layout of three detached office buildings with associated parking. Access to this site would be from the main estate road which is outlined in paragraph 2.4.

2.7 For all Zones mentioned (B, C & D) again as the applications for these zones are AiP only there are no detailed plans of the buildings, landscaping or drainage from each of the zones. All these details and more would be considered at a future Reserved Matters application. However, the applicants are seeking approval for the maximum scale of development proposed including internal floor areas and ridge heights.

2.8 The applicants have also provided a "Phasing Plan" albeit this is indicative as depending on market demand for the different units, this may dictate when the subsequent Reserved Matters application would be made. However, this "Phasing Plan" indicates that Zone A would be development first, following by Zone C and a third of Zone B. The next phase would be a third of Zone B, while the 4th phase would be the reminding land of Zone B. The Final phase of the development is Zone D.

3.0 PLANNING HISTORY 3.1 The application site and surrounding land has been the subject of a number of previous planning applications, the following of which are considered specifically material to the assessment of this current planning application:

3.2 Erection of a light industrial development comprising 4 individual buildings providing 24 separate units with parking and landscaping - 11/01232/B - APPROVED

3.3 Variation of condition 10 of approved industrial development (PA 11/01232/B) to allow for research and development uses - 15/00198/B - APPROVED

3.4 Adjacent site to the south of application site Erection of a cold store warehouse with ancillary office / welfare facilities, extension and reorganisation of site car parking, extension of cycle way to Cooil Road and associated landscaping works - 20/00170/B - Ballapaddag, Robinsons Limited, Cooil Road - APPROVED

3.5 Adjacent site to the south east of application site. Combined approval in principle and full approval for phased development of a Cannabis Cultivation Campus and Solar Energy Park, together with access, associated infrastructure and site engineering works. Full approval for the erection of units 1 and 2 with associated infrastructure. All other matters reserved - Land Southwest Of Cooil Road (A6) North Of New Castletown Road (A5), Braddan - 22/00678/B - PENDING CONSIDERATION

4.0 PLANNING POLICY 4.1 LOCAL PLAN - AREA PLAN FOR THE EAST 2020 4.1.1 The application site falls within two land designations, the majority of built works outlined in the proposal section of this report are within areas designated as "Industrial" under the Area Plan for the East 2020. There are sections of the development, namely the attention basin and pump station, service lane and micro forest planting which is on land not designated for development. The site is not within a Conservation Area nor are there any Registered Building within or close to the site. The site is not within an area at high risk of either tidal or fluvial flooding. There are some areas at risk of surface water flooding, namely through the eastern boundary and western section of the site.

4.1.2 It should be noted that the land designated as "Industrial" on the plan is split into two site designations BE002(a)g and BE002(b)g / BE006g. The majority of the current application is within BE002(a)g with only a very small section of the application proposals (estate road) within

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BE002(b)g / BE006g. The majority of the designation of BE002(b)g / BE006g is associated with the Cannabis Cultivation Campus and Solar Energy Park under consideration.

4.1.3 Within the written statement of the Area Plan for the East the following is relevant to site designation of BE002(a)g

4.1.4 Employment Proposal 2 states; "Site BE002(a)g, to the south of Cooil Road, is designated for industrial and business park uses. This allows for manufacturing (including light and general industry); research and development; storage and distribution; and offices (subject to compliance with Business Policy 7 of the Strategic Plan)." 4.1.5 Development Brief 1 states; "1. Development will not be permitted on Site BE002(a)g if it could reasonably and acceptably be located on one of the sites listed in Employment Proposal 1. 2. No planning approval will be granted for the development of any part of Site BE002(a)g until a Master Plan for the whole of that site has been submitted to and approved by the planning authority. This must show all spatial elements, including areas intended for general industrial and business park uses, open spaces and landscaped areas, and circulation arrangements; and it must show how these elements will be phased. 3. There must be no net qualitative loss of biodiversity as a result of the development of this site. 4. The Master Plan must demonstrate how the high-pressure gas pipeline (on Cooil Road) will be protected to ensure that no adverse effects will result as a consequence of the development of this site. 5. Notwithstanding Strategic Plan Business Policy 5, no retail development (including bulky goods) will be approved on this site. 6. An Environmental Impact Assessment will be needed for any development proposed on this site. 7. A Travel Plan must be submitted as part of any planning application which sets out a strategy for the delivery of sustainable transport objectives, and demonstrates how these are to be achieved and updated over time. 8. Consideration should be given to the provision of cycle parking and changing facilities as part of any development proposal."

4.1.6 As a small part of the site (eastern boundary) includes the neighbouring site designated as BE002(b)g and BE006g, it should be noted the following; Employment Proposal 3 states; "Sites BE002(b)g and BE006g, to the south of Cooil Road and north of New Castletown Road, are jointly designated for industrial and business park uses. This allows for their development for manufacturing (including light and general industry); research and development; storage and distribution; and offices (subject to compliance with Business Policy 7 of the Strategic Plan). Development Brief 1. Development will not be permitted on these sites if it could reasonably and acceptably be located on the site referred to in Employment Proposal 2. 2. ..."

4.1.8 Natural Environment Proposal 1 states; "The Department supports the protection, creation and improvement of green infrastructure in the East, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Applications for development must take into account any approved Government Green Infrastructure Strategies, but in any case, must identify how development proposals intend to contribute to the long term provision of a network of connected green spaces."

4.1.9 Natural Environment Recommendation 2 states;

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"It is recommended that ahead of making any applications for development close to the reservoirs, watercourses and wetlands in the East, applicants must discuss such proposals with DEFA to establish the need for specific design elements to be taken into account. This may include: the impact of artificial light from the development on migratory fish species, buffer distances from the river bank and visual amenity."

4.1.10 Transport Proposal 1 states; "Development proposals must take into account the Active Travel Strategy and any specific actions set out in the Active Travel Action Plan."

4.1.11 Transport Proposal 2 states; "to help deliver integrated transport networks..."

4.1.12 Utilities Proposal 1 (Serviceability) states; "a) All development must be connected to the appropriate service and utility. b) In order to achieve this, each service and utility required must be capable of receiving a new connection and sustaining it."

4.1.13 Utilities Proposal 2 - Sequencing of development states; "Intention - To manage the sequence of development in growth areas so that services are available from early in the life of new communities. Strategies to achieve this will include the following (which shall be taken to represent a policy statement on Utilities issues in the East):- o Define preferred development sequences in growth areas to better co-ordinate infrastructure planning and funding. o Ensure that new land is released in growth areas in a timely fashion to facilitate co-ordinated and cost-efficient provision of local and regional infrastructure. o Improve the co-ordination and timing of the installation of services and infrastructure in new development areas. o Support opportunities to co-locate facilities if that does not cause an inferior service as a result. o Ensure that planning for water supply, sewerage and drainage works receives high priority in early planning for new developments. o It is recommended that Public lighting should be provided to streets, footpaths, public telephones, public transport stops and to major pedestrian and cycle paths including public open spaces that are likely to be well used at night to assist in providing safe passage for pedestrians, cyclists and vehicles. Public lighting must be baffled and/or directed in such a way as to not cause glare into dwellings. Public lighting should be consistent with any strategy, policy or plan for the use of renewable energy and energy efficient fittings."

4.1.14 Utilities Proposal 5 - Water supply, sewerage and drainage states; "Intention - To plan for the provision of water supply, sewerage and drainage services that efficiently and effectively meet community needs and protect the natural environment. This shall be taken to represent a policy statement on Utilities in the East. Strategies to achieve this will include the following:- o Ensure water quality in water supply catchments is protected from possible contamination by urban, industrial and agricultural land uses. o Provide for suitable sewerage at the time of development. o Plan urban stormwater drainage systems to take into account the catchment and drainage context. o Include measures to reduce peak flows and assist screening, filtering and treatment of stormwater, to enhance flood protection and minimise impacts on water quality in receiving waters. o Encourage the re-use of wastewater including urban run-off, treated sewage effluent and run- off from farmland where appropriate."

4.1.15 Utilities Proposal 6 Intention - To reduce the impact of flooding, stormwater and overland flow on catchments and neighbouring properties states; "Strategies to achieve this will include the following (which shall be taken to represent a policy statement on Utilities in the East):-

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o Support integrated planning of stormwater quality through a mix of on-site measures and developer-led actions. o Ensure stormwater and groundwater entering wetlands do not have a detrimental effect. o Incorporate where appropriate Sustainable Urban Drainage Systems (SuDS) into developments to:

• Protect and enhance natural water systems while controlling and minimising effect on neighbouring properties.
• Integrate stormwater treatment into the landscape.
• Protect the quality of water.
• Reduce run-off and peak flows.
• Minimise drainage and infrastructure costs."

4.1.16 Employment Proposal 1 states: "The development of existing industrial land, including the following sites, will be supported for the following uses only: manufacturing; warehousing and distribution; office accommodation (subject to compliance with Strategic Plan Business Policy 7); or retail outlets (subject to compliance with Strategic Plan Business Policy 5). For the purposes of this policy, existing industrial land excludes those sites named under Employment Proposals 2, 3, 4 and 5."

4.1.17 Employment Proposal 2 states; "Site BE002(a)g, to the south of Cooil Road, is designated for industrial and business park uses. This allows for manufacturing (including light and general industry); research and development; storage and distribution; and offices (subject to compliance with Business Policy 7 of the Strategic Plan)."

4.1.18 Employment Proposal 3 states; "Sites BE002(b)g and BE006g, to the south of Cooil Road and north of New Castletown Road, are jointly designated for industrial and business park uses. This allows for their development for manufacturing (including light and general industry); research and development; storage and distribution; and offices (subject to compliance with Business Policy 7 of the Strategic Plan)."

4.2 STRATEGIC PLAN 4.2.1 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application.

Strategic Policy 1 Efficient use of land and resources 2 Priority for new development to identified towns and villages 3 To respect the character of our towns and villages 4 Protection of built heritage and landscape conservation 5 Design and visual impact 6 Major employment-generating development should be located in existing centres 7 Undeveloped land which is zoned in Local or Area Plans for industrial, office, or retail purposes will be retained and protected for such uses 10 New development should be located and designed such as to promote a more integrated transport network

Spatial Policy 1 The Douglas urban area will remain the main employment and services centre for the Island 2 Building in defined settlements or GP3

General Policy 2 General Development Considerations 3 exceptions to development on land not designated

Environment Policy

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1 The countryside and its ecology will be protected for its own sake 3 Protection of Woodland 4 Wildlife and Nature Conservation 5 Ecological Impacts 7 Protection of watercourses 10 Flood Risk Assessments 13 No unacceptable risk of Flooding 22 Protection of amenities/environment from pollution 24 Requirement of EIA or suitable supporting environmental information 25 Pollution-sensitive development 42 Respect the local character and identity

Business Policy 1 The growth of employment opportunities 2 Land designated for industrial development should be appropriate to area, transport links, proximity of labour and availability of water, sewerage and other utilities 5 On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted (excluding bulky goods) 7 New office floor space should be located within town and village centres exceptionally, permission may be given for new office space (a) on approved Business Parks for Corporate Headquarters 8 New office buildings should, in terms of height and mass, respect the scale and character of adjoining and nearby buildings

Community Policy 10 Fire Fighting provisions

Transport Policy 2 Provision for new links 4 Highway Safety 5 Design of Highway Network Improvements 6 Equal weight for vehicles and pedestrians 7 Parking Provisions 8 Requirements for Transport Assessments

Energy Policy 5 Energy Efficiency

4.2.2 For information the IOM Strategic Plan defines Business Parks as; "A development encompassing land for light industrial purposes, warehousing, newtechnology companies involved in scientific, commercial, or industrial research or development and office accommodation as the corporate headquarters of companies having multiple and diverse interests (but excluding financial/professional services to visiting members of the public); buildings should be set in parkland which should dominate the landscape."

4.2.3 Climate Change Act 2021

4.2.4 Manual for Manx Roads

4.2.5 Our Island Plan January 2023

4.2.6 Active Travel Plan Travel Investment Plan 2019

4.2.7 A Guide for Applicants: Supplementary Guidance on Economic Issues - December 2022 - This guide is intended to help applicants in understanding what economic issues are likely to be

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material in the planning process and so the information that can be submitted to support a planning application.

5.0 REPRESENTATIONS It should be noted that full comments made by all representations are available on the Online Services - Planning Applications and any decision should read this in full. Further, the application has been re-advertised a number of occasions in response to issues raised and therefore there are multiple comments from various representations. The comments below are taken form the last correspondence from the relevant party only. As mention there have been multiply comments from the majority of each representation and any decision maker should consider these as well.

5.1 Braddan Commissioners have no objection (12.04.2023).

5.2 Douglas Borough Council have objected on the following grounds (); "Following careful consideration of the above planning application at a meeting of the Council's Environmental Services Committee held on the 22/09/22 I can advise that the Committee has resolved to object to the application.

The Council is of the opinion that insufficient information has been provided on how discharge from the site can be accommodated within the existing infrastructure and how any discharge may impact on the environment and wildlife along the Middle River waterway.

The Council is aware that tests are currently being undertaken by the MUA to ascertain whether the existing infrastructure can accommodate an increased amount of discharge from the proposed Cannabis Farm site and given this site's close proximity to the proposed Cannabis Farm the Council does not have adequate information available to come to any other conclusion but to object.

We have also been made aware of ongoing testing by DEFA's Environmental Protection Unit into possible discharge into the Middle River.

Douglas Borough Council firmly agrees with DEFA's Ecosystems Policy Officer in that if the current flow test modelling shows that the development would result in any pollution of the Middle River or would lead to a reduction in the ecological value of the Middle River without the applicant demonstrating how this can be mitigated then the development cannot be permitted Until such time that the applicant has provided sufficient information to address the above the Council has resolved to object to the proposed development.

We would be happy to reconsider the application once we have established whether discharge from the site can be safely accommodated to the standards expected by DEFA's Ecosystems Team and that any potential discharge into the existing MUA infrastructure can be accommodated without any undue risk of flooding for the businesses and residents of lower Douglas."

5.2.1 No further comments from Douglas Borough Council have been received since a number of additional information/plans where submitted and circulated, which addressed the above issues.

5.3 Highway Services (DOI) do not object to the application subject to conditions and make the final comments (03.05.2023):

"Highways Development Control notes the amendments uploaded on 2 May 2023 which clarify the revisions to the highway works. The revisions have been accepted and any approval for completeness should reflect the amended drawings previously requested in part a) of the conditions set out in the HDC response dated 6 April 2023. These are updated to:"

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5.3.1 The conditions mentioned on 06.04.2023 are;

"Accordingly, the drawings within the requested conditions require updating to reflect the revisions as follows: a) Site Access and pedestrian and vehicle arrangements: Site Plans 1-5 - Drawing No's: 09 Rev B; 10 Rev A; 11 Rev; 12 Rev B and 13 Rev B.. Cooil Road Bank Realignment - Drawing No:14 Rev A (bus stop and part of cycle infrastructure). Cycle and pedestrian alterations - i- Transport's Drawing No: ITB14273-GA-100-102 as revised. Major and Minor Industrial Access Roads- i-Transport's Drawing No: ITB14273-GA-005 Rev D. Forward Visibility at bend- i- Transport's Drawing No: ITB14273-GA-002 Rev C. New roundabout - i-Transport's Drawing No: ITB14273-GA-001 Rev D. b) Framework Travel Plan - approved with submission of details for approval in writing of the relevant plot travel plan and the implementation of parts thereof. c) Construction and Environmental Management Plan - details to be submitted for approval in writing prior to commencement. d) Negative condition for delivery: Off-site cycle and pedestrian works shown on i-Transport's Drawings ITB14273-GA-100, 102 to 107 as revised; Bus stop infrastructure Cooil Road Bank Realignment - Drawing No:14 Rev A. e) Zone A Bicycle Store - Drawing No:3. f) Zone B, C and D - Drawing 06 Rev A - Details to be submitted for approval in writing prior to commencement: i. Plot access arrangements ii. Internal pedestrian and vehicle arrangements iii. Parking and servicing to accord with adopted standards and technical requirements iv. Surface water drainage contained within the site.

The Applicant is advised again of the need for s109A(A), temporary traffic management and road closures and highway licences on construction and potentially for a s4 Highway Agreement for any streets and / or paths to be adopted plus liaison for bus stop infrastructure and cycle route delivery along south side of Cooil Road eastwards towards Anagh Coar Road."

5.4 Inland Fisheries - DEFA comment (01.06.2023); "At this stage, I would express that although the 'Hi Tex Silt' product looks to be adequate, other measures should be employed in tandem as reliance on silt fences may prove risky or ineffective. I would also suggest that low areas where water will naturally collect also contain an 'un-compacted' bund, allowing for further filtration and attenuation before reaching the silt fence. Leaving areas with an undisturbed buffering strip of approximately 4-5 metres (before silt fencing and bunds are placed) will also be advantageous when it comes to silt management.

Savings could be made by omitting silt fencing where topography is raised and unlikely of runoff issues however these locations require a pre-knowledge of runoff, which you may not have until the site is stripped and experiences inclement weather. Runoff will need monitoring regularly (during wet periods) to ensure mitigating measures are effective.

DEFA Fisheries Division have no concerns in relation to this development from a fisheries perspective but have asked that runoff issues are pre planning (shown in the amended drawings) and ongoing monitoring undertaken by site managers and staff to ensure there is no disturbance or injury to spawning fish, or to the spawn and fry of fish, as this is an offence under the Fisheries Act 2012." 5.5 Flood Risk Management - DOI - comment (28.10.2022); "FRM are happy with attenuation for Zone A, the attenuation tank is to be constructed as detailed in the application For Zones B, C and D, The detailed application we will require a flood risk assessment especial information dealing with the surface water flow through zone B and details and design of the attenuation pond to be designed to the relevant CIRIA guide documents."

5.6 Environmental Protection Unit - DEFA - comment (25.04.2023);

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"With regard to PA 22/00416/B and further to my comments dated 28/10/2022 the Environmental Protection Unit has been provided further information from the applicants relating to the foul drainage.

It has been confirmed that the foul water from the development will be connected to Manx Utilities' sewerage infrastructure and that the existing two sewage treatment works at Eden Park and Jacksons will be decommissioned. The Eden Park sewage treatment works currently discharges to Middle river and as such when the unit is decommissioned the associated discharge license will be revoked (WPA/10/2013).

It is my understanding that the Robinsons and Jacksons units are not connected to a watercourse and therefore do not have a discharge license. The decommissioning all of the smaller package works and connection to the mains infrastructure on Cooil road it will protect Middle river and potentially improve the current classification. In light of the drainage amendments provided by the applicants the Environmental Protection Unit remove their objection to the original planning application"

5.7 Head of Business IOM - Department of Enterprise comments (05.06.2023); "This comment has been provided by Officers from within the Business Agency and as such, should be considered as Officer comment only and, therefore, not the view or official position of the Business Agency Board, or political members of the Department for Enterprise. The following comments on the scheme proposals, are made in light of the Isle of Man Economic Strategy: November 2022, which strengthens Government's economic drivers to 'develop a strong and diverse economy' by "investing in our people, our economy, our Island and our public services to secure 5,000 new jobs and a £10bn economy with infrastructure that can support 100,000 Island residents over the next fifteen years, with appropriate incentives / disincentives to achieve targeted and sustainable population growth". We note that the site annotated as BE002(a)g on the Proposals Map 4 Douglas forming part of the Area Plan for the East, approved by Tynwald on the 18th November 2020, is allocated for Industrial and is additionally the subject of Employment Proposal 2 and a Development Brief as set out in the Written Statement. We understand that the application is in two parts; namely full approval for the access, estate road, strategic drainage infrastructure, structural landscaping and biodiversity enhancement areas and with Phase 1 of the employment units (Zone A) and an Approval in Principle for Zones B, C and D. The overall Master Plan Sheets 1 and 2 further illustrates that the development is split into four zones; A, B and C for Light Industrial, Research and Development, General Industrial, Storage and Distribution and D for Office. Zone A consists of two number, linear blocks of 8No units totalling 2540sqm. The design of the units appears to offer a departure from the more standardised industrial units which, with soft landscaping interspersed with the parking areas would appear to accord with the Business Park setting as required by the designation of the site in the Area Plan for the East. The Design Guide forming part of the application sets out the quality of the materials and finishes of the buildings and the associated landscaping which, it is considered, will result in a facility that is clearly a modern, business-friendly environment, designed in such a way as to promote Government's goals for a more diverse economy and a larger, younger, more diverse population by promoting growth in an established sector. In so doing, the proposals expand the availability of facilities and activities for our target demographics, in particular improving employment options. As zones B, C and D are the subject of an Approval in Principle application, we understand that the detail of design will be the subject of a reserved matters application at a later date. The Agency notes that the application documentation quotes that it is estimated that the proposed development would support up 150 construction jobs, resulting in £60 million estimated construction expenditure and a total economic output of over £170 million and that once fully operational, the development has the potential to create more than 900 jobs.

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The Business Agency considers that the proposals, represent substantial investment in the Island's economy which would also play an important part in supporting the development of a strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which positively impacts all residents on the Isle of Man. Whilst the Business Agency clearly supports the application, it is unable to quantify specifics in terms of potential employment beyond the quoted 900 jobs without having the information regarding the business types potentially locating on the site. The Business Agency would suggest that in the future the applicant add any potential business interest to the application. In conclusion and having considered the scheme within the context of the Island Plan, the Economic Strategy, the Department's Plan and Isle of Man Climate Change Plan, the Business Agency wishes to provide its support for these proposals. I am grateful for this opportunity to offer the Business Agency's support for this scheme and trust you find our comments of use." 5.8 Manx National Heritage highlight (01.07.2022) that there are a number of protected birds and bats in the area and will need to be protected during the construction phases. Further, A sustainable drainage scheme must be in place before works are undertaken in order to avoid contamination of the adjacent pond, the River Neb and smaller drainage ditches which cross the site and consider opportunities for increasing and enhancing the range of habitats present across the site and integrate them within the development.

5.9 Manx Utilities - Electricity comment (04.08.2022); "Zone A (subject to detailed planning approval) can be supplied from the existing electricity network with localised extension to existing cables to service the proposed new light industrial / storage units. Zones B, C & D (subject to approval in principle) will require new 11kV substations to be built with new high and low voltage required to cables laid to service the proposed new light industrial / office units. Most of this work will be undertaken on the development site, however depending on the load density of the new units it may be necessary to lay additional high voltage cables to reinforce the site. The discussions with the developer have been based around new cables being laid from the adjacent site (subject to planning application 22/00678/B), however if that site is not sufficiently developed when reinforcement is required then new cables may need to be laid from Pulrose Power Station. Manx Utilities have statutory powers to lay cables in the ground, however new substation building(s) may need to be included as part of future detailed planning applications for each zone."

5.10 Manx Utilities - Gas comment (16.06.2022); "Having looked at the planning application 22/00416/B, the Gas System team at Manx Utilities does not have any objections to the Zone A Phase 1 of this application; however the additional phases will require further investigation in relation to Manx Utilities' high pressure gas pipelines. Phase 3 of Zone B (as identified on 2200416B APL Figure 3.3 Phasing Plan.pdf) falls within a proximity distance to the Manx Utilities' high pressure gas pipeline that requires us to carry out a formal Quantitative Risk Assessment (QRA) to assess the impact the development may have on it. This QRA can only be carried out once sufficient information is available regarding building sizes, proximity, normal occupation numbers, etc. are available, which they are not at this point. In light of that, I would request that prior to any approvals for development of Zone B being approved that Manx Utilities is fully consulted to ensure the safety and security of critical national infrastructure."

5.11 Manx Utilities - Water comment (11.08.2022); "...The developer did not forward any accurate water demand figures but we note all phases are classed as light industrial use. Assuming there was to be no 'change of use' we attributed lower commercial water demands over the whole area Phases A, B, C & D. Manx Utilities can provide water supplies without upgrading the existing infrastructure."

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5.12 There is concern from Manx Utilities that if this application is approved there maybe issues with the Cannabis development. While this maybe correct, that would be a matter for that application.

5.13 Manx Utilities - Drainage comment (25.05.2023); "Manx Utilities has now completed its assessment of the above planning application with amended drainage proposals for the developments and can comment as follows. Following detailed discussions with both the applicant and the Environment Protection Unit concerning the original drainage proposals, Manx Utilities undertook hydraulic modelling of the Douglas sewer Network to ascertain whether the anticipated foul flows from the entire completed development could be accommodated within the downstream network without causing any detriment. Modelling results demonstrate that subject to the removal of a level of ground water infiltration from the sewerage network, foul flows from both the existing developments and the proposed developments sites south of Cooil Road can be discharged into the public sewers without detriment to the current performance of the network. Manx Utilities have agreed with the applicant that once approval has been granted for the development, the applicant will cover the costs to remove such infiltration from the sewerage network. Any subsequent request to connect to the public sewerage network will only be grated once this infiltration has been removed. With regard to the development drainage layout, it is acknowledged that full approval is sought for Zone A, whilst Zones B, C & D are subject to approval in principle. Manx Utilities has discussed and agreed the overall drainage concept for all phases with the applicant with agreement now reached that the drainage infrastructure will offered to MU for public adoption under Section of the Sewerage Act 1999. It is therefore requested that the developer enters into a number of adoption agreements with MU prior to work commencing on each phase of the development. These adoption agreements must detail full engineering drawings for proposed sewers, manholes, pumping stations and surface water attenuated basin all in accordance with Manx Sewers for adoption and Manx Utilities requirements. Drainage communication fees will be applicable for each building connected ultimately connected to the public sewerage network."

5.14 Energy Policy Officer - Minerals - DEFA comment (13.07.2022); "I confirm that I have no comments to make regarding the Pas listed with regard to minerals. Wardell Armstrong have looked over them too, with no comments to raise."

5.15 Ecosystem Policy Officer - DEFA - comment (25.04.2023); "Further to the Ecosystem Policy Team's previous response to this application (see below) where we raised our intention to provide further comments once the outstanding issue of site discharges had been adequately dealt with to the satisfaction of the DEFA Environmental Protection Unit (EPU). Having viewed the updated information, which includes the plans for foul water drainage to be connected to the existing Manx Utilities sewerage infrastructure, and having had confirmation from the EPU that they are content with the updated plans, which should ensure that Middle River and thus Middle River Wildlife Site will be protected from harm, we can confirm that we are now content with the proposed plans.

Please can you ensure that our previous response is taken into account, as in it we have requested a number of conditions on approval, all of which we see as essential for the protection of biodiversity and compliance with relevant Government Policy."

5.15.1 The recommended conditions listed within email dated 09.08.2022.

5.16 The Arboricultural Officer (DEFA) makes the following comments (05.06.2023);

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"In line with the Tree Protection Policy we would object to this application on the basis that it involves the removal of 3 category B trees. Due to the position of these trees, however, I would posit that the visual impact of their removal will be relatively minor. A high level of re-planting has also been proposed which should be taken into account.

If the application is approved, I recommend a condition is included to provide: 1. a detailed tree protection plan, and 2. an arboricultural methods statement that addresses the installation of permanent ground protection at the proposed cycleway. I would recommend a condition is also included to ensure all proposed tree planting is undertaken and that any specimens that fail to establish are replaced."

5.16.1 Further comments received (12.06.2023); "According to the plans, the proposed position of the bus shelter would require the removal of a number of healthy trees amongst the group. If the shelter, and associated area of tree removal, were to be moved 10-15 metres further to the west, however, this could be avoided and the removal of trees focused on those of poorer health and form. I have attached an annotated image showing where the bus shelter would currently be situated and where it could be situated to avoid the removal of high higher quality trees. Happy for this to be forwarded on."

5.17 Highway Services Drainage (DOI) comment (06.06.2023); "DOI Highways Drainage are now satisfied with the drainage proposals for the adoptable sections of the estate road."

5.18 The Isle Of Man Home Of Rest For Old Horses, Bulrhenny, Richmond Hill, Douglas make the following summarised comments (07.07.2022); we seek interested person status given our site neighbours the application site; notice a treatment plant is proposed close to our common boundary; and no discussions have been had.

6.0 ASSESSMENT 6.1 APPROACH TO ASSESSMENT 6.1.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application: (a) Principle of development; (b) The potential impact upon the visual amenities of the area; (c) Potential impact upon neighbouring amenities; (d) Potential impact upon highway safety / Parking provision / Travel Options; (e) Potential drainage/flooding issues; (f) Potential impacts upon ecology; and (g) Economical benefits;

6.2 PRINCIPLE OF DEVELOPMENT (IOM Strategic Plan 2016 - Strategic Policy 1, 2, 6 & 7 - Spatial Policy 1 & 5 - General Policy 2 & 3, Business Policy 1, 2, 5, 7 and Area Plan for the East 2020 - Employment Proposal 1, 2 & 3, Development Brief 1.

6.2.1 The starting point is the land use designation of the development site. As outlined within section 4.0 of this report the majority of the built development is within an area designated as "Industrial". There for the majority of the proposal would comply with this designation and Employment Proposal 2 (referred as Site BE002(a)g).

6.2.2 The Development Brief 1 of the Area Plan does indicated that;

"Development will not be permitted on Site BE002(a)g if it could reasonably and acceptably be located on one of the sites listed in Employment Proposal 1.".

6.2.3 Employment Proposal 1 outlines a number of existing industrial sites and there potential contribution to land supply (i.e. land available for future industrial development) including;

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o Middle River (DE001g) & White Hoe (2.53ha) o Kirby Farm (1.46ha) o Tromode & Ballafletcher (1.86ha) o Isle of Man Business Park (1.26ha)

6.2.4 Accordingly it needs to be considered if this current application is acceptable, given there is land available on existing industrial estates within the east of the Island. In response the applicants have stated;

"The proposal comprises a range of industrial and business park uses on a site of some 19ha (gross). Sites listed in Employment Proposal 1 extend to only 7ha, and of that, very little is actually available as shown by Black Grace Cowley's report submitted in support of this planning application..."

6.2.5 This report indicates that of the 7.11ha of land indicated by the sites listed (par 6.2.3) in this report, only 2.03ha of land is currently available, either because some sites have already been developed since the adoption of the Area Plan or are being developed by the respective owner of the site.

6.2.6 The applicants further state;

"It is clear that there is not much land readily available under Employment Proposal 1, and clearly as an overall development the application proposals could not be accommodated on any of the remaining sites listed under Employment Proposal 1. A development of this scale has long lead-in times and requires significant upfront investment to provide key infrastructure. As part of the application, details are included for the access, internal estate road and strategic drainage infrastructure which will be constructed early on together with two employment buildings for light industrial, R&D or storage or distribution uses at Zone A. The provision of this initial phase of employment development will support the installation of key infrastructure required for the wider industrial and business park and thereby help to ensure that a choice of development plots is available to respond to market demands in the longer term."

6.2.7 Given the limitation of land available on existing industrial estates; given the size of the proposed development could also not be accommodated on existing industrial estates; and given Zone A is being developed to continue the existing Eden Park Business Park; overall it is considered an appropriate stage to allow the development of Site BE002(a)g.

6.2.8 As mentioned there are sections of the developmental; namely the new estate road and roundabout, running from the Cooil Road via the Jacksons roundabout which avoids an import grouping of mature trees and therefore runs into the adjacent site BE002(b)g / BE006g (proposed cannabis development) and therefore potentially fails to comply with Employment Proposal 3 which indicates that that development on this site should not be undertaken; "...if it could reasonably and acceptably be located on the site referred to in Employment Proposal 2.". The applicants could have just proposed to constructed the new estate road/roundabout within the confines of site BE002(a)g and therefore comply fully with Employment Proposal 2 & 3. However, as mentioned a number of trees would have had to be felled to make way for the access road. The proposed scheme while potentially failing to meet the strict interpretation of Employment Proposal 3; overall, it is considered the proposal is a betterment in visual terms, ecology and preservation of existing mature trees. Accordingly, in terms of this respect the principle of the encroachment into the adjacent site is acceptable in this case. It should also be noted that the adjacent cannabis development would connect into the proposed estate road/roundabout proposed under this current application.

6.2.9 Other areas of the site are not designated for development, namely the service track running to the attenuation pond (surface water runoff) and foul pump station (small single

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kiosk building/underground tank) and biodiversity works to existing areas of biodiversity interest and additional planting. On this point the applicants have stated;

"Two strips of land to the south of the main development area have been included within the site boundary, which sit outside the settlement boundary and are not zoned for any particular use. The area at the south-eastern edge will be utilised for drainage infrastructure and landscape and biodiversity Land to the south of Cooil Road, Braddan Planning Statement Page 23 enhancements. The area at the south-western edge is included as it forms an integral part of the biodiversity enhancement strategy for the development. It is considered that these proposals accord with General Policy 3 of the Strategic Plan as they will facilitate the provision of necessary infrastructure. The proposals also accord with Environment Policy 1 as most of this land will be utilised to provide biodiversity enhancement delivering wider benefits and the proposals will not adversely affect the countryside."

6.2.10 It is consider the principle of the works are potential acceptable. The report will consider the impacts in further details.

6.2.11 Overall, given the above reasons it is consider the principle of developing the application site as proposed is acceptable. This is not an automatic reason to allow development, as further material planning matters as indicated previously need to be considered, to determine if the whole development on the site is appropriate or not.

6.3 THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA (IOM Strategic Plan 2016 - General Policy 2, Strategic Policy 4 & 5 and Environment Policy 1)

6.3.1 In terms of the potential impacts upon the visual amenities of the area, as the application is part full and part Approval in Principle (AiP), it is more difficult to fully consider the visual impact at this stage. The full details know are those of Zone A (extension to Eden Park Business Park) and the infrastructure works including the estate road/roundabout, service lane, attenuation pond, pump station and structural landscaping along the boundaries of the site and adjoining fields. Development on Zones B, C & D are not known at this stage, albeit the applicants have indicated maximum building heights above the ground level for these buildings.

6.3.2 The submission includes a Landscape and Visual Impact Assessment (LVIA) which undertakes an assessment of landscape effects: assessing effects on the landscape as a resource in its own right and assessment of visual effects: assessing effects of specific views and on the general visual amenity experienced by people'. A total of 16 "Viewpoints" (agreed with the Department - see page 51 of Env Statement online) from varying distances surrounding the site during winter conditions, have been undertaken and a detailed assessment on the potential impacts.

6.3.3 The submission considers a number of issues, including the effect on this viewpoint, whether a mitigation would have an effect, visual sensitivity of each location, the magnitude of visual change and the visual significance and effect at completion.

6.3.4 The Department would generally agree with the findings of this assessment and out of the 16 Viewpoints the following are considered to have the greatest visual impacts (on completion to Year 15 e.g. Moderate Adverse to Minor Adverse);

o Viewpoint 3 (Cooil Road - corner of Jacksons) - Moderate Adverse to Minor Adverse ; o Viewpoint 4: Cooil Road - at roundabout - Moderate Adverse; o Viewpoint 8: Cooloney's Lane - entrance to Colooney's Farm Cottages - Minor Adverse; o Viewpoint 9: I.o.M Rest Home for Old Horses Car Park - Moderate Adverse; o Viewpoint 10: Footpath parallel to A5 Richmond Hill - Moderate Adverse;

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o Viewpoint 12: Public Right of Way 226 Richmond Hill to Middle Farm - Moderate Adverse; o Viewpoint 16: Public Right of Way 221 - Minor Adverse.

Detailed Works - Zone A (total of 2540sqm internal floor area over two blocks), Road Infrastructure, Structural Landscaping and Pumping Station/Attenuation Pond 6.3.5 In terms of the detail proposals currently under consideration the development does not give raises to any significant adverse impacts that would warrant a refusal. The development in Zone A continues the style, size and form of the existing Eden Park Business Park. Coupled with the topography of Zone A and the adjacent land at Eden Park Business Park the proposal would not have an adverse impacts to the landscape/area to warrant a refusal.

6.3.6 The main other works which seek detailed approval at this stage is the road infrastructure and the roundabout. This will be undertaken as required to serve each phase. These in their very nature are low level forms of development and therefore not especially apparent from public views.

6.3.7 The works to create a service lane, which runs from the southernmost point of the new roundabout downward in a south-western direction to the southern most point of the site where the attenuation pound (is not a pond outside flood events) and the small cabinet unit which houses the control unit for the underground pumping station (pumps foul water to main drainage). The service lane being a low level form of development and given the topography of the area and existing landscaping within and around the boundaries of the site are such that the visual impact would not be significant. Again the attenuation pond, which only fills with water during flood events, is a low level form of development and will not be apparent from public views given mature landscaping and existing built development, especially around the bottom of Richmond Hill Area. The same can be said for the pumping station which is mainly underground, with the exception of a green colour cabinet unit (2.3m x 3m x 2.5m approximately). It should be noted that a very similar pumping station which is currently to the rear and southwest of the existing Eden Park Business Park would be removed.

6.3.8 Detail landscaping, namely the boundary structural planting and re wilding works are proposed to be undertaken within the first 12 months of the development starting. The majority of the landscaping is located along the entire south-west boundary of the site which is hoped to act as a natural buffer between the site and the adjacent fields. This boundary will be made up of standard trees (2.5m - 3m height when planted), feathered trees (1.75m-2m height when planted) and a thicket mix planting. Further planting to the majority of the other boundaries is also proposed (see "Illustrative Landscape Plan 31 Mar 23" online under "Amendments"). A Micro Forest to the southwest of the main part of the site is also proposed, which will run closes to the southern boundary of the site in a southerly direction forming in a "L-shape" which will link into the existing woodland to the south and southwest of the site. It is considered the proposed landscaping would be appropriate and would fit with the existing character of the landscaping and countryside setting, which is currently made up of woodlands/grouping of trees and field boundaries made up of gorse/hedgerow.

6.3.9 Overall, in terms of the details works outlined, the proposal will of course have a significant change in the character of the areas in question, from one of open fields to an industrial/business park. However, the land is designated for such development under the Area Plan for the East and consequently there is a reasonable expectation that such change is to happen. However, for the reasons outlined it is considered the detail works proposed would be appropriate forms of development that fit the aims of the Area Plan for the East and the IOM Strategic Plan being appropriate designed with appropriate levels of landscaping.

Zone B - Industrial/R&D/Storage or Distribution Units (plan indicatively shows 7 individual units of a total of 11860sqm internal floor area)

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6.4.1 This part of the site is to the western most boundary and runs from the rear of the existing Riley's Garden Centre Car Park/north boundary of site, runs parallel with Riley's Garden Centre to the east and continues to the southern boundary of the site. Existing mature hedgerows with trees in places, existing along the entire western boundary of Zone B.

6.4.2 As the application is only in principle there are no details plans of the industrial units. However, the application has included the maximum scale of development proposed including internal floor areas and ridge heights. The heights of the buildings shown would having a maximum ridge height of 15m above Finished Floor Levels (102m AOD). The submitted Landscape and Visual Impact Assessment (LVIA) includes within Appendix 5g (referred online as "Appx 5g Visual Figures Part 1 and 2") visual representation of each of the industrial units and their indicative heights and how they could sit within the landscape and in relation to existing buildings in the area. Further there is a plan which indicates the roof ridge height of existing building near to the site, for example; o Riley's Garden Centre 99.36m o Jacksons Showrooms 96.0m o Jacksons Showrooms (Motor Mall) 92.7m o Robinsons main building 99.2m o B&Q 96.4m

6.4.3 Zone B in terms of topography is the lowest part of the site and therefore as demonstrated by the "Viewpoints Photographs" within Appendix 5g with the buildings superimposed, these arguable have a similar visual impact as the buildings proposed on Zone A, even though they would be taller buildings (approximately 5m), given the existing ground levels are approximately 2m to 4m lower than Zone A/Eden Park Business Park. In context these buildings would be approximately 2.6m taller than Riley's Garden Centre and 5m taller than the units proposed on Zone A.

6.4.4 There is some concern; however, that the Department is being asked to grant permission for a maximum scale of development for each building which includes internal floor areas and ridge heights. The Department needs to be comfortable that when considering the proposed scale and height of the buildings, that these are appropriate, which is more difficult when there are no details of design or finishes etc of the buildings in question. If these scales/heights are approved then the Department is accepting that a building of that size can go on the site at this stage.

6.4.5 Of the three zones seeking the AiP application, Zone B raises the least concern on this issue, generally as the site is at its lowest. Perhaps at this stage it is worth considering the impacts of the two other zones.

Zone C - light industry and research & development, general industrial and storage or distribution (plan indicatively shows a single unit of 5000sqm internal floor area) 6.5.1 This section of the site is located centrally of the overall application site and located to the rear (south) of the existing main Robinsons building and runs parallel with the southern boundary of the application site. Zone A is located to the west and Zone D to the east.

6.5.2 In terms of topography, the ground level is at its highest point being 91m to 92m AOD and when viewing from Richmond Hill essentially, appears as the crest of the site, with the ground levels to the east, south and west falling away from this point. The heights of the building shown would having a maximum ridge height of 15m above Finished Floor Levels (107m AOD). In context this would be approximately 7.75m taller than the main Robinsons building and 11m taller than the main Jacksons Showroom which fronts Cooil Road.

6.5.3 The main public views of this building which could cause some concerns are those between the Jackson's site and Robinsons site (Viewpoints 2 & 3) and at the Cooil Road roundabout (Viewpoint 4). The main impact is that the currently the outlook from these areas

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are of industrial/showroom building but with backdrops of hillside/countryside. This outlook will change and the character of the areas will change from a semi-urban/countryside setting, to a more urban character. It is noted that the site is designated for development and therefore there is a reasonable expectation that such a change is likely. However, if the building was smaller in scale and size than this would be less of an impact.

6.5.4 The submitted Landscape and Visual Impact Assessment (LVIA) indicates that when the works are completed and after 5 years there would be a "Magnitude in Change" of "Medium" (i.e. degree of change in the view compared to the existing situation) and in terms of "Significance and Effect" it would have a "Moderate Adverse" to Viewpoints 3 & 4. However, in Year 10 and 15 the "Magnitude in Change" and "Significance and Effect" reduce to "Low" and "Minor Adverse" respectively.

6.5.5 For Viewpoint 2, the LVIA indicates that a "Magnitude in Change" of "Low" and a "Significance and Effect" it would have a "Minor Adverse" on completion and at Year 5, but again in Year 10 and 15 the "Magnitude in Change" and "Significance and Effect" reduces to "Negligible" and "Negligible Neutral" respectively.

6.5.6 There are also more distance "Viewpoints" namely; I.o.M Rest Home for Old Horses Car Park (Viewpoint 9), Footpath parallel to A5 Richmond Hill (Viewpoint 10) and Public Right of Way 226 Richmond Hill to Middle Farm (Viewpoint 12) which all have a Magnitude in Change" of "Medium" and a "Significance and Effect" it would have a "Moderate Adverse" on completion and at Year 5 and then reducing in Year 10 and 15 the "Magnitude in Change" and "Significance and Effect" reduce to "Low" and "Minor Adverse" respectively. From these views the main issue relates to the mass of built form on the boundary of the settlement and whether the development would project above the various skylines. In respective of the building on Zone C there are less concerns of a building of this scale and height as it wouldn't break the skyline and the backdrop is of existing industrial units. It is perhaps an opportunity at any Reserved Matters stage that the finishes are more natural in appearance to help blend into the landscape better, compared to the existing industrial buildings which are generally a pale grey colour and drawn the eye more.

6.5.7 Overall, while there is considered to be an impacts upon certain views along Cooil Road the areas outlined are generally not expansive and when travelling in a vehicles rather fleeting. There will be a change in the character as outlined previously, but with appropriately finishes and designs (considered at Reserved Matters Stage) to the building on Zone C the Department is comfortable with the scale and height as suggested.

Zone D - Office - corporate headquarters (plan indicatively shows three units of 9000sqm internal floor area) 6.6.1 This part of the site is located to the east of Zone D and to the rear (south) of Jackson's complex and southeast of Zone C. In terms of topography, the ground levels at this point slopes downwards in a south-easterly direction from approximately 91m to 82m AOD. The heights of the building shown would having a maximum ridge height of 12m above Finished Floor Levels (102m AOD). In context this would be approximately 6m taller than the main Jacksons Showroom which fronts Cooil Road and 5m lower than the building on Zone C.

6.6.2 Again the main public views of this building which could cause some concerns are those between the Jackson's site and Robinsons site (Viewpoints 2 & 3) and at the Cooil Road roundabout (Viewpoint 4). The assessment outline in previous paragraphs 6.5.3 to 6.5.6 relate to Zone D as well, but perhaps less of an impact given the ground levels are lower and the buildings proposed are lower also, albeit there are three buildings proposed and therefore the amount of built development is greater, albeit lower in the landscape. The conclusions outline in 6.5.7 are again relevant for this zone.

Zones B, C & D

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6.7.1 As outlined previously the applicants are seeking approval for the maximum scale of development proposed including internal floor areas and ridge heights. The applicants have indicated that the reasons for this are: "...Indeed this to us is a critical aspect of the application and something we discussed with Steve Butler at pre-app stage. Hence we are seeking approval for all aspects set out on the parameters plan and were assuming that you would impose a Condition requiring any reserved matters application to accord with that plan(s). This is standard practice in the UK on business park developments and we were hoping you would accept this approach as it provides incoming occupiers with certainty on key planning issues (height being one of them), and thus makes the hybrid application approach worthwhile. This is also the reason we commissioned the full LVIA (via the EIA) and that EIA provides a detailed assessment of the parameters (including heights) and a conclusion on the impacts so that you can assess those and put them into the planning balance, weighed against the planning benefits..."

6.7.2 The conclusions of this LVIA (Page 84 of Environmental Statement) are summarised as; "5.222 Whilst there will be a minor loss of the rural character it can be expected that due to the highquality design, material choices and landscape infrastructure proposals the proposed development will make a positive contribution to the adjacent Industrial/Commercial townscape and has the potential to set a precedent for any future development.

5.223 Visual receptors which were represented by viewpoints were selected through analysis of local topography and by walking PRoW within the vicinity of the site. The viewpoints were chosen to represent either the typical view of the receptor or view of maximum effect with each being recorded, photographed with written description, analysis and mitigation comments provided.

5.224 The viewpoints were confined to within 2km of the site. Beyond this distance the site is either obscured by topography and intervening vegetation or becomes insignificant within the context of the wider landscape.

5.225 The views where there would be the greatest level of visual change are those within close proximity to the site and those from the south. However, as these views are seen within the context of the adjacent industrial/commercial development and the proposed development will comprise high quality buildings set within an attractive soft landscape scheme the effects are somewhat reduced.

5.226 There are no significant adverse landscape or visual effects anticipated.

5.227 Overall the landscape and visual effects of the proposed development are considered to be localised with the effect reducing as the distance increases away from the site with more distant visual effects limited to the higher ground to the south and west.

5.228 The implementation and ongoing maintenance of the landscape strategy will provide an important element of mitigation, which will help to soften and assimilate the development in to the local landscape, thereby minimise the residual effects of the proposals."

6.7.3 Overall, while there can be some concern of the AiP approach, it is considered the information submitted by the applicants, does give the Department sufficient comfort that the maximum scale of development proposed including internal floor areas and ridge heights is acceptable at this stage. Further the detailed works outline are also considered appropriate. Accordingly, the works proposed would not affect adversely the character of the surrounding landscape townscape and would respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them complying with General Policy 2, nor adversely affect the countryside and therefore complying with Environment Policy 1.

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6.8 POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES - (General Policy 2 and Environment Policy 22) 6.8.1 The residential properties potentially most impacted by the development would be those to the west of the site (Garey Ashen, Creg-Dy-Shee, Clybane Cottage).

6.8.2 Generally, the main issues relating to the impacts upon residential amenities are; overbearing impacts upon outlooks, loss of light, loss or privacy, pollution and/or general noise and disturbances.

6.8.3 The closest property to the western boundary of the site is Garey Ashen which is approximately 100m away. As Zone B is in principle at this stage it is difficult to fully access the impacts, albeit any building in this area is likely to be more than 100m away and the existing mature boundary landscaping as well as additional proposed landscaped will likely ensure there would not adverse impact through overbearing impact, loss of light and/or loss of privacy.

6.8.4 In relation to the construction phases the Environment Statement concludes; "In conclusion, the construction phase of the development will result in some significant impacts, principally on landscape and visual amenity. However, these impacts are common to any development and will only be experienced in the short to medium term until the development is complete and the proposed biodiversity enhancement works are undertaken and the new landscaping matures."

6.8.5 In terms of the impact once the development is operational the Environment Statement accepts that; "A development of this scale will inevitably have some adverse effects on the environment in terms of the change to the character of the local area, the appearance of the site, increased traffic, a change to the site's ecology and drainage patterns. These potential impacts are however mostly minor or negligible and local to the site."

6.8.6 However, the Environment Statement indicates there are a number of mitigation measures proposed, specifically to neighbouring amenities these include; o Implementation of a comprehensive landscape strategy; o A sensitively designed lighting scheme to minimise light pollution; o Maximising and improving access to the site by sustainable transport modes; o At detailed design stage, the layout of Zone B will ensure that service yards are not located along the western edge of the site facing towards the residential receptors to the west in line with the Overall Parameters Plan; o Depending on final form of development, other forms of noise mitigation to include on- plot noise barriers, increasing the sound reduction performance of the buildings, reducing noise levels in spaces immediately behind open level access doors and potentially restricting certain use types and/or operating hours; and o Selection of appropriate plant items that comply with the identified noise limits.

6.8.7 The Environment Statement indicates that with the appropriate mitigation measures indicated that the operation of the site would have; "No worse than minor adverse noise impacts on residential receptors around the site due to on- site operational noise. No worse than minor adverse noise impacts as a result of road traffic associated with the proposed scheme using the local road network".

6.8.9 The application originally included a Sewage Treatment Plant to the southern part of the site, close to the boundary of Homes for Old Horses and west of the residential properties of Brookside (203m), Croyton (269m) and Ballakinnish (287m). However, this element has now been removed from the development and now the same area accommodates a pumping station, which the pump is located underground with only a small control unit building siting above ground. These units are understood not to make significant noise/vibrations. The applicants have advised that; "...Manx Sewers for Adoption design guide states a minimum

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distance of 15m for adopted pumping stations to be away from dwellings (usually opening windows) to avoid complaints in relation to noise and smell. The UK Sewers for Adoption permits closer distances and is related to the size of the pump...". Due to this and given the distance between the pumping station boundary and neighbouring properties, it is not considered there would be any adverse impacts by this element of the development.

6.8.10 Overall, the assessment and conclusions of the Environment Statement on the matter of impacts upon neighbouring properties are accepted and for the reasons indicated it is not considered the development would result in a significantly adverse impact to warrant a refusal. Of course at the Reserved Matters stage, certain elements (namely Zone B) will need further considered with appropriate mitigation measures in place. However, at this stage the Department is comfortable that development of the site as a whole would not be unacceptable in relation to amenities of neighbouring residents and complying with General Policy 2 and Environment Policy 22.

6.9 POTENTIAL IMPACT UPON HIGHWAY SAFETY / PARKING PROVISION / TRAVEL OPTIONS - (Area Plan for the East - Development Brief 1, Transport Proposal 1 & 2; Isle of Man Strategic Plan - Strategic Policy 10, General Policy 2, Transport Policy 2, 4, 5, 6, 7 & 8; Climate Change Act 2021; Manual for Manx Roads and Active Travel)

6.9.1 As part of the submission a full Transport Assessment (TA) has been undertaken. This looks into the existing situation in terms of road layouts within the existing/proposed site and the overall highway network in the area as well as considering a number of Government Documents which seek sustainable modes of transport and less reliance on cars. The assessment also ensures the proposed road layouts and access onto Cooil Road are appropriate and safety for the overall level of development contained within Zones A, B, C and D.

Sustainable travel 6.9.2 In terms of improving sustainable transport links, the proposal includes the continuation of an existing 3m wide shared-use footway/cycleway which currently fronts Jacksons. This will run from Jacksons in a north-western direction (southern side of Cooil Road) along the roadside frontage of Robinsons (this element already received planning approval under PA 20/00170/B) and continue along the roadside front of Riley's/Eden Park, where it will ceases just after the existing car park of Riley's garden centre. This last section will require the cutting back of some of the existing bank/landscaping to make room for the 3m path is required. Further to this, a new bus stop is proposed which includes a bus shelter. In this location the DOI have recently installed a puffin crossing. The path will then enter the application site in Zone B. There will also be cycleway/footpath provision from the existing Riley's/Eden Park access and internal roadways which will serve Zone A. This will also link into the main proposed estate road which links to the Jackson's roundabout.

6.9.3 The applicants also comment that the site being 800m is considered to be a 'comfortable' walk distance and 2km (1.25 miles) a 'reasonable' walking distance and offers the potential to replace cars trips but this is by no means an upper limit. The Isle of Man Active Travel Strategy identifies a 2.5 miles (4km) radius from Douglas town centre where the working population can realistically switch from motorised transport to active travel modes (3.5km to the west of Douglas town centre). For cycling the assessment indicates that the Active Travel Plan indicates that; "Two out of every three personal trips are less than five miles in length - an achievable distance to cycle for most people"

6.9.4 The applicants comment; "On the basis of these thresholds, the figure demonstrates that the residential areas of Anagh Coar and Farmhill are within a 2km walking distance of the site. Ballaughton, Spring Valley, Pulrose, as well as the residential areas to the north of Douglas town centre, including Ballakermeen, are also located just beyond a 2km walking distance. Therefore, a significant

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number of potential employees at the proposed development live within a reasonable walking distance of the site.

Parts of Union Mills and Strang are within 4km of the site. In addition, all of the Douglas built up area is within a reasonable cycling distance of the proposed application site."

6.9.5 The area also has good accessibility by bus with regular and frequent services along Cooil Road.

6.9.6 A Framework Travel Plan has also been prepared which will focus on promoting sustainable travel to the proposed development among new employees and potential visitors, providing non-car mode travel options for local journeys, in particular reducing single occupancy car journeys, and influencing modal choice.

Parking provision 6.9.7 In terms of the building on Zone A (Eden Park Business Park extension) a total of 87 car parking spaces will be provided wthin this part of the site. This is in general accordance with the parking standards set out in Appendix 7 of the Isle of Man Strategic Plan 2016 of 1 space per 30sqm for light industrial units. A total of 16 spaces will form electric vehicle charging points and will be marked 'Electric Vehicle Only' or similar in the bay. 10 motorcycle spaces are also provided. A covered and secure cycle store comprising 10 no. Sheffield Stands (i.e. equating to 20 cycle parking spaces) is also proposed and an additional 5 Sheffield Stands shorter stay cycle parking alongside Block 2 (equating to 10 cycle parking spaces) would also be provided within Zone A.

6.9.8 Zones B, C & D given they are AiP at this point the parking provision will need to be fully assess at the Reserved Matters Stage. However, the applicants have indicated that the indicative plans in relation to the size of the buildings accord with the IOMSP Parking Provision.

Servicing and Delivery 6.9.9 The applicants advise that given the small scale nature and size of the units in Zone A, it is expected that the majority of deliveries will be by small/medium sized vans. There are not expected to be any articulated HGV movements to/from the proposed industrial units. It is currently anticipated that largest sized vehicle that will be generated by the proposed industrial units is likely to be a 7.5t HGV. However, to ensure a worst-case assessment, a 13t large rigid HGV has been assessed and the road layout and access from the existing acces onto Cooil Road is sufficient for vechiles to turn and exit/access the site.

6.9.10 Again, on this matter Zones B, C & D will be considered at the Reserved Matters Stage.

Traffic Generation/Impact 6.9.11 The Transport Assessment on this (and other matters) has considered the detailed planning approval for Zone A but has also taken into account the AiP proposal comprises up to 28,400sqm of development (Zone B, C & D).

6.9.12 The assessment undertook a modelling survey to predict the traffic generation during a weekday morning period (0700 - 1000hrs) and an evening peak period (1600-1900hrs). This modelling predicts that; "...on the basis of the 85th percentile trip rates, the proposed development is forecast to generate a total of 416 two-way vehicle trips during the weekday morning peak hour and some 336 two-way vehicle movements in the weekday evening peak hour.".

6.9.13 The Transport Assessment concludes that from review the traffic analysis that the proposed site access via the existing Eden Park junction and Jacksons Roundabout will operate with minimal levels of queuing and delay when the site is fully built out. While the highway network performance (journey times / queuing) will generally deteriorate once the site is

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development and operating, it is considered the impact would; "...be negligible increases to journey times on the Cooil Road / Vicarage Road / Saddle Road corridor, the Cooil Road / A5 New Castletown corridor, and A1 Peel Road corridor in the weekday peak hour periods as a result of the additional development generated traffic.". The analysis does demonstrate that there is modest queuing and delay issues at the A1 Peel Road / A5 New Castletown Road / A2 Quarterbridge Road Roundabout under the baseline conditions (current position). Furthermore, due to high sensitivity within the local highway network, there is expected to be some modest increases to the forecast queuing on some arms on some of the junctions within the study area, including the A5 New Castletown Road / A6 Cooil Road / Kewaigue Hill Roundabout. Planned development through the delivery of the Area Plan for the East will worsen conditions. The additional development generated traffic will result in negligible increases to forecast queuing and delay. On a potential improvement scheme being delivered, such as at the A1 Peel Road / A5 New Castletown Road / A2 Quarterbridge Road Roundabout, the journey times and general highway performance will be better than the baseline situation.

Summary 6.9.13 The Transport Assessment concludes that; "Overall, the analysis has demonstrated that using robust parameters that is likely to overestimate the actual traffic generation, the proposed development will not have an unacceptable effect on road safety or traffic flows on the existing local highway. This directly accords with the requirements of the Isle of Man Strategic Plan General Policy 2 and no capacity or safety improvements are required."

Highway response 6.9.14 Highway Services have considered the application in detail and provided a number of comments, including details comments and suggested conditions (dated 08.07.2022 online). The key comments confirm the proposed new access/roundabout and estate road are acceptable provisioning adequate visibility and layout for larger vehicles (i.e. HGV's) and also the use of the existing Riley's/Eden Park private road and access is suitable for the users of Zone A.

6.9.15 Highway Services also comment that the parking space provision in Zone A broadly complies with the parking standards of the IOMSP at 1 space per 30sqm for light industrial and such spaces are adequate in size (5.0m x 2.6m). Highway Services confirm the cycle parking exceeds the required standards within the Manual for Manx Roads for Zone A.

6.9.16 Regarding deliveries/internal access Highway note that the expected that the majority of deliveries will be by small / medium sized vans; however, the submission has included a worst case option of a largest sized vehicle (13t rigid HGV) accessing the site and has demonstrated that such vehicular would be able to turn within and leave the site in forward gear. Further a large refuse vehicle can also enter the site, turn within and exit the site in forward gear.

6.9.17 Highway Services confirm that it was agreed with the DOI, that the Douglas Paramics Model was used to assess the transport impacts of the development proposals. Two design year scenarios were conducted to demonstrate the operational evaluation within the Transport Assessment. Again they accept the findings outlined with the Transport Assessment in relation to traffic generation and consequent impact to roads users.

6.9.18 In conclusion Highway Services state; "From the submitted documents, the proposed site is: o Suitably positioned and designed to minimise journeys, especially by private car through enhancements to non-car based travel measures. o to have safe and convenient access for all road users, together with adequate parking and servicing arrangements. o not expected to have an unacceptable impact on road safety or network functionality. The environmental and operational traffic effects are forecast to be immaterial with increases in

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traffic generally below the threshold where environmental effects are likely to be significant. The proposed development includes mitigation works for bus stop infrastructure, pedestrian and cycle measures in the vicinity of the site with other works needed to be delivered by the DOI or other parties before the end of the period for the Area Plan for the East to address the cumulative impacts of development zones identified therein."

6.9.19 The Department gives significant weight to the conclusions of Highway Services who find the overall development and it impacts in relation to highway safety, traffic generation and consequence impacts upon the highway network to be acceptable. The fact remains as more development planned under the Area Plan for the East is undertaken, the greater impacts on the highway network there will be. The Area Plan for the East Written statement on this issues states;

"The supporting evidence for the Isle of Man Strategic Plan 2016 examined the effect of the proposed level of development on the highway system. Essentially, the evidence demonstrated that the highway network could cope with the expected traffic growth up to 2026."

6.9.20 The development has clear outlined a number of sustainable transport options which would meet the aims of Strategic Policy 10 which seeks new development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement. The proposal meets all of these aims as well of those of the Active Travel Plan, Manual for Manx Roads and the Area Plan for the East. For the reasons outlined it is considered the proposed development at the level indicated, would be acceptable from a Highway Safety point of view and while it will have an impact on the surrounding highway network by additional traffic begin generated, the impacts are not so significant to warrant a refusal.

6.10 POTENTIAL DRAINAGE/FLOODING ISSUES - (IOM Strategic Plan - Environment Policy 7, 10, 13, 22 & 25 and Area Plan for the East - Utilities Proposal 1, 2, 5 & 6 and Natural Environment Proposal 1 & 2) 6.10.1 Dealing with flooding relating matters, the site is not within an area at high risk of either tidal or fluvial flooding. There are some areas at risk of surface water flooding, namely through the eastern boundary (Zone D) and western section of the site (Zone B). Regarding Zone B this is due to an existing 400mm diameter public surface water drain, which runs from the existing attenuation pond to the south of the existing roundabout at the junction of Cooil Road and the Isle of Man Business Park. The drain also carries flow from the Eden Park development. The drain discharges into a formalised ditch network with ultimate discharge into the upper reaches of the Middle River. Zone D there is an existing public surface water manhole and sewer which flows north to south and discharges into the existing ditch network. The sewer carries surface water flow from the Spring Valley Industrial Estate, the eastern extents of the Isle of Man Business Park, Cooil Road highway and Jackson's Car Dealership. Flows are discharged into the existing pond and ditchcourses to the south east of Zone D. Beyond the south eastern Zone D site boundary the existing ditchcourses discharge into an existing pond which naturally attenuates the surface water flows.

6.10.2 The applicants identified that given the level of impermeable area on site, this could have the potential to cause an increase in surface water runoff through reduced infiltration, which in turn increases the flow rate discharging to the Middle River.

Surface Water 6.11.1 The current application proposes that Zone A and B surface water will be attenuated. It is proposed that each development will have independent attenuation tanks within their curtilage. In relation to highway surface water the highway attenuation tank will be located to the south of Zone B and will have a high-level overflow to allow previously attenuated flows to discharge unrestricted. Both are connected to the existing stream within the site which

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discharges into the Middle River to the south. Zone C and Zone D surface water flows and highway surface will be attenuated. Flows will discharge in to a new detention basin located at the south east boundary of the development site, to the east of the proposed foul pump station.

6.11.2 The design criteria for the proposed surface water drainage is a 1 in 100 year storm event + 30% climate change allowance. Management of the development operations will ensure no pollutants enter into the surface or foul water systems.

6.11.3 There where initial concerns of the surface water treatment; however, after additional information/amended plans (outlined above) and detailed discussions, the applicants have comment; "The surface water drainage strategy has also now been developed to much greater detail, including highways drainage. As originally proposed, the proposed surface water drainage system will replicate the existing flow characteristics of the site and will include surface water attenuation in the form of on-plot attenuation tanks and the creation of a new attenuation pond. However, the proposed detention basin at the southern end of the site is no longer proposed to permanently hold water and the design is now for a 'dry' pond, which will only be flooded in peak storm events. The reason for this change is to ensure that the detention basin can be offered for adoption."

6.11.4 DOI Flood Management Divisions, DOI Highway Services Drainage and Manx Utilities Drainage (paragraphs 5.5, 5.13 and 5.17) have considered the application in respect to surface water flooding and surface water drainage and have no objections. Manx Utilities Drainage have also they would adopt certain infrastructure, as indicated previously.

Foul drainage 6.12.1 All Zones are proposed to be connected to a foul drainage connection into the existing public sewer at the existing foul manhole within Cooil Drive adjacent to the Cooil Road junction. The foul drainage for all zones will be a combination of gravity and pumped foul drainage. The applicants have indicated that the connection of the development in to the existing foul sewerage network has been agreed with the MUA. The agreement is on the basis of improvements being undertaken (by or through contribution from the applicant) to the existing Douglas combined / foul sewerage network, these improvements will result in the reduction of the flows within the network through the removal of surface water infiltration. All foul drainage from the development is to discharge in to a pump station located towards the south eastern boundary of the site. The collected foul flows will be pumped up to and eastward along Cooil Road and in to Cooil Drive. The pumped main will terminate and revert to a gravity sewer via a brake chamber with connection in to the existing public foul network (Cooil Road). The developer intends that all pump stations and foul sewers are offered for adoption in accordance with the Sewerage Act.

6.12.2 A benefit to the new foul drainage proposals is it will accommodate the existing foul water flows from Eden Park, Robinsons and Jackson's Car Dealership. The existing foul drainage treatment plants will be decommissioned (rear of Eden Park) and removed with effluent from these developments being removed from the ditch network and ultimately the Middle River.

6.12.3 Again Manx Utilities Drainage (paragraphs 5.5 and 5.13) have considered the application in respect to foul drainage and have no objections. Manx Utilities Drainage have also they would adopt the infrastructure connected to foul drainage.

6.12.4 Further the Environmental Protection Unit DEFA (paragraph 5.6) initially had strong objections for the proposed sewerage treatment works as this would ultimately drain into the Middle River. However with the removal of this aspect and as the foul drainage would enter the mains, this concerns has been overcome.

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6.12.5 Overall, all the relevant drainage authorities have considered all aspects of drainage for the scheme and have raised no objection. Accordingly, given the comments received and as Building Regulation will also considered drainage aspects, the Department is comfortable that all aspects of drainage/flooding are acceptable.

6.13 POTENTIAL ECOLOGY IMPACTS - (Environment Policy 4, 5 & 7 and Climate Change Act) 6.13.1 As part of the submission a Preliminary Ecological Appraisal 2020 has been undertaken by the Manx Wildlife Trust. This includes two report, one of the application site BE002a and also site BE002b to the east/southeast of the application site (Cannabis complex proposed). The second Preliminary Ecological Appraisal 2021 was undertaken during the application on a linear parcel of land which incorporates the main estate road, roundabout, hard surface roadway, pump station and attenuation pond. The purposes of these reports is to identify the likely ecological constraints associated with a project o identify any mitigation measures likely to be required o identify any additional surveys that may be required to inform an Ecological Impact Assessment (EcIA) o identify the opportunities offered by a project to deliver ecological enhancement.

6.13.2 The Appraisal indicates that the majority of the site is made up of semi-improved grassland (farmed land) with the reminder made up of mature trees/copse, a shallow wet ditch system, hedges, locally dense patches of scrub, an isolated area of heath spotted orchids, an area of tall ruderal vegetation and a modern metal farm storage building. The site is also used for roosting/nesting and foraging by a range of wildlife including some protected species such as birds and bats. The Development of the site will result in the loss of the majority of the on- site habitats including 8.2ha of semi-improved grassland and tall ruderal species, a wet ditch (80m), 320m of hedgerow, a number of semi-mature to mature trees, an area of dense scrub (0.18ha), a metal storage structure and 4.3ha of arable cropland. Accordingly, there will be impacts namely to bird nesting, foraging and sheltering habitats; potential killing and injury of Common Frog and Common Lizard; and disturbance to bats utilising the on-site foraging/commuting habitats.

6.13.3 Accordingly, to mitigate the impact the application is proposing; o "Proposed habitat retention, enhancement and creation including on-site creation of 2 hectares of lowland meadow on former arable field, 480m of native species-rich hedge, 0.3ha attenuation lake with native marginal planting, 2.2ha of Broadleaved woodland and scrub, enhancement of the existing field pond, enhancement of 0.4ha of grassland containing Heath Spotted Orchid, 0.2ha of willow scrub and 0.7ha of rush dominated tall ruderal surrounding field pond; o A sensitively designed lighting scheme to minimise light pollution and potential disturbance to wildlife; o Adherence to best practice methods to ensure construction works are undertaken in an environmentally responsible manner including measures to prevent pollution, appropriate fencing to protect retained habitats during construction and best practice measure to minimise disturbance and to ensure bats, birds and reptiles are not harmed during construction works."

6.13.4 The conclusions of the submission in relation to Ecology indicated;

"The assessment shows that the proposed habitat retention, enhancement and creation will provide new nesting, foraging and sheltering opportunities for local wildlife and will result in a biodiversity net gain of 4% in biodiversity units for habitat and 23% for hedgerow habitat. In EIA terms, this means that the development would result in at least a moderate (and potentially major) beneficial impact on overall biodiversity."

6.13.5 The Ecosystem Policy Team (DEFA) have considered the reports and consider that they are of a suitable level of assessment and consider all the relevant issues, namely; o Preliminary Ecological Appraisal Report;

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o Protected Species Report; o Breeding Birds Report; o Protected Species Report; o Technical Note for Cooil Road; Orchid Patch.

6.13.6 The Ecosystem Policy Team raises no objection to the submission, albeit considered a number of conditions are required (within email dated 09.08.2022.) should the application be approved.

6.13.7 Accordingly, the proposal could be considered contrary to Environment Policy 4 as it would potentially adversely impact protected species (namely bird species); however, Environment Policy 5 indicates that under exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to: (a) minimise disturbance; (b) conserve and manage its ecological interest as far as possible; and (c) where damage is unavoidable, provide new or replacement habitats so that the loss to the total ecological resource is mitigated. It is considered with the ecologic proposals within the application currently and with appropriately worded conditions; the proposal could be considered to comply with this policy. Arguably it is a matter to balance the benefits of the development against the negatives. Clearly as mentioned, the potential adverse impacts upon the protected species is still a negative on this site, albeit have the potential to be a longer term benefit due to mitigation.

6.14 ECONOMICAL BENEFITS - (A Guide for Applicants: Supplementary Guidance on Economic Issues - December 2022, Area Plan for the East - Employment Proposal 2 and IOM Strategic Plan - Strategic Policy 6 & 7, Business Policy 1, 2 & 5)

6.14.1 The recently published "Supplementary Guidance on Economic - December 2022" provides advice to applicants in terms of the relevant economic matters that will be considered as part of any applications, especially those which have the potential for substantial business growth and benefits to the economic. This guidance links to the relevant planning policies of the IOM Strategic Plan and those in this case in the Area Plan for the East which are outlined in the policy section of this report.

6.14.2 This reflects the Tynwald approved "Economic Strategy" which followed the "Our Inland Plan". Within the forward of the latter it states;"...to develop a strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which will positively impact all residents in the Isle of Man."

6.14.3 It should be noted that construction works and the benefits from such works are NOT material planning matters which can be considered. The applicants have outlined however that the overall development would support 100 to 150 construction workers, £60million in construction expenditure and a total economic output of over £170million.

6.14.3 The applicants have provided calculations of how much employment of each of the Zones would be generated. This is using Homes and Communities Agency (HCA) in 2015 from UK which calculates floor space ratios per employee for all types of UK land use classifications - no specific date on employment generation is available in IOM and therefore this would seem an appropriate way to calculate the employment opportunities created.

6.14.4 This indicates the following;

o Zone A - between 32 and 51 employees; o Zone B - between 148 and 329 employees; o Zone C - between 63 and 139 employees; and o Zone D - 629 employees.

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6.14.5 This result in a total job creation of between 935 and 1,211 employees created by this development.

6.14.6 The applicant's submission has advised that in terms of the type of jobs created it is like to be a wide variety, including; managerial positions, IT, customer services, sales, engineering, warehouse staff, assembly/operators, technicians, administrative roles and drivers.

6.14.7 The submission also highlights that it is estimated that the development could indirectly support up to a further 350 jobs on the island once fully completed including up to 15 additional jobs as a result of Zone A. Again this is calculated using UK based guidance.

6.14.8 The applicants submission also highlight that the development would result in the potential for improved training and skills and apprenticeship opportunities and also new investment into the local economy by making the Isle of Man a more attractive business base.

6.14.9 Comments from the Department of Enterprise (Paragraph 5.7) are noted as these consider the submission in terms of the economic benefits of the proposal against Government Policy on such matters and there concluding comments state; "...having considered the scheme within the context of the Island Plan, the Economic Strategy, the Department's Plan and Isle of Man Climate Change Plan, the Business Agency wishes to provide its support for these proposals."

6.14.10 It is clear from the submission that the proposal would bring economic benefits to the IOM and met the aims of the Government and the Isle of Man Strategic Plan and Area Plan for the East, especially the site is designated for such development .

7.15 OTHER MATTERS 7.15.1 It should be noted that the applications are seeking a 10 year permission for the Reserved Matters Applications (normally the Department would issue two years). The applicants have indicated that the development will be built out over a number of years and a longer permission is therefore sought. They consider a two year permission would not give sufficient time.

7.15.2 The Department would agree 2 years in this instance would not be appropriate and perhaps a greater time period would be acceptable. Generally, time periods are attached to conditions to ensure avoid the accumulation of unimplemented planning approvals and that planning policy may change in that time which may give raises to new policy considerations. It is noted that this site was designated under the Area Plan for the East 2020 which has a "plan period" of 31st March 2026; the Area Plan does indicated that; "...this does not mean that the lifetime of the Plan or relevance of the Proposals within the Plan will come to an end in 2026. The Plan will continue in operation until it is replaced...".

7.15.3 One consideration could be that a 5 year permission for the Reserved Matters Application is made, as there is approximately 3 years of the "plan period" remaining and if permission on this site was approved near to this period (March 2026) and generally a 2 year permission is granted for a Reserved Matter Application to be made equals 5 years.

7.15.4 Overall, while the 10 years sought, it is considered this would be too long a period and for the reasons indicated above it is recommend a 5 year approval is granted. It is considered given the nature of the proposes development i.e. mainly approval in principle, rather than a full detailed application and as there are likely to be outside factors (i.e. market demand) which will dictate how the site will be development; a longer time period is appropriate for this site. However for the reasons indicated a five year permission for the reserved matters is recommended.

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7.15.5 The applicants would be able to vary this condition in the future via a planning application to extend this time period, but this would consider any potential future change in policy and give the Department more comfort than a 10 year permission.

7.16 CONCLUSION 7.16.1 Overall, it is considered the proposal has a number of material planning matters which need to be considered. The proposal would be developing a site which is designated for industrial development.

7.16.2 The development will clearly chance the landscape character of the site/area from one of undeveloped agricultural fields to an industrial estate/business park. However, as discussed within this report it is considered the visual harm caused by the development is not so significant to warrant a refusal, even with the slight concern of approving the maximum floor area and heights of the buildings on Zones B, C and D. There are no concerns with the scales, mass, heights and designs of the buildings on Zone A. The development will appear as an extension of Douglas into the open countryside; albeit this is not an uncommon occurrence around existing settlements and has been happening to Douglas and other settlements for decades. The proposal would equate to a sustainable development given its closeness and good pedestrian and cycle links to residential areas in Douglas and also Douglas City Centre and would meeting the overarching aims of the IOM Strategic Plan i.e. "Towards a Sustainable Island" and other Government Document's seeking sustainable development and Active Travel.

7.16.3 There are no highway safety/parking concerns raised by the development and while the proposal will increase traffic generation, it has been confirmed by Highway Services that this would not have an unacceptable impact to the existing highway network.

7.16.4 There proposed development will not result in an unacceptable risk from flooding on or off site. Further, the surface water runoff and foul drainage have all been accommodated in a suitable and acceptable way for the relevant drainage authorities.

7.16.5 Of course there are potential impacts to protect species on this site (namely birds), which is potentially going to be the case when developing such large sites adjoining the open countryside. This issue will be likely to a number of similar sites which have been designated on the edges of settlements within the Area Plan for the East. However, as outlined while there is an impact there is a significant amount of mitigation proposed/conditioned, and if successful has the potential to have a biodiversity net gain in the longer term.

7.16.6 Finally, in terms of the economic benefits, it is clear from the submission that the overall site will bring a large number of job opportunities in a variety of different skilled and non-skilled roles which can only be a benefit to the IOM economy and its residents.

7.16.7 It is considered for the reasons indicated within this report the proposal overall, would not have any significant adverse impacts upon public or private amenities and would therefore comply with;

Isle of Man Strategic Plan 2016 Strategic Policy 1, 2, 3, 4, 5, 6, 7 & 10; Spatial Policy 1 & 5; General Policy 2 & 3; Environment Policy 1, 3, 4, 5, 7, 10, 13, 22, 24, 25 & 42; Business Policy 1, 2, 5, 7 & 8; Transport Policy 2, 4, 5, 6, 7 & 8; Energy Policy 5 of the Isle of Man Strategic Plan 2016;

Area Plan for the East 2020 Employment Proposal 2; Development Brief 1; Natural Environment Proposal 1 & 2; Transport Proposal 1 & 2; Utilities Proposal 1, 2, 5, 6; Employment Proposal 1, 2 & 3.

Climate Change Act 2021

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Manual for Manx Roads

Our Island Plan January 2023

Active Travel Plan Travel Investment Plan 2019

A Guide for Applicants: Supplementary Guidance on Economic Issues - December 2022

7.16.8 It is recommended that the planning application be approved, subject to conditions for the reasons given

8.0 INTERESTED PERSON STATUS 8.0.1 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.

8.0.2 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 above who should be given Interested Person Status.

8.0.3 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 Interested Person Status. __

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : ...Permitted... Committee Meeting Date:...19.06.2023

Signed :...C BALMER... Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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PLANNING COMMITTEE DECISION 19.06.2023

PA No 22/00416/B Applicant Eden Park Development Limited Proposal Combined approval in principle and full approval for phased development for industrial and business park uses including Class 2.1, 2.2, 2.3 and 2.4 together with access and associated infrastructure. Full approval for the access, estate road, strategic drainage infrastructure, structural landscaping and biodiversity enhancement areas and with Phase 1 of the employment units (Zone A). All matters apart from access reserved for the development within Zones B, C and D Site Address Land To The South Of Cooil Road Braddan Isle Of Man Principal Planner Mr Chris Balmer Presenting Officer As above Addendum to the Officer Report

The Planning Committee approved the application subject to the following recommendation and that conditions 6 and 17 be amended;

C 6. All planting, seeding or turfing comprised in the approved details of landscaping (drawing 1579/15-100 REV N) must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of any unit, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased with 5 years must be replaced in the next planting season with others of a similar size and species.

Reason: To ensure the provision of an appropriate landscape setting to the development.

and

C 17. All Structural Landscaping and Biodiversity Enhancements Landscaping/Works comprised in the approved details of landscaping (drawings 1579/15-101 REV N, 1579/15-100 REV N and 1579/15-102 REV F) must be carried out in the first planting and seeding seasons following the commencement of the development within each phase (Zone A, B, C or D or the estate access road). Any trees or plants which die or become seriously damaged or diseased with 5 years must be replaced in the next planting season with others of a similar size and species.

Reason: to ensure the provision of an appropriate landscape setting to the development and to ensure biodiversity net gain.