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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 22/00865/B Applicant : WDS Ltd Proposal Erection of 9 light industrial units with associated road infrastructure, parking and amendment to site levels and ground infill Site Address Millmount Complex New Castletown Road Douglas Isle Of Man IM2 1HD
Case Officer :
Mr Toby Cowell Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 26.10.2023
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The development hereby approved shall be undertaken in full accordance with drwg. no. JTM2170-P-08 C, in relation to the access and site layout.
Reason: In the interests of highway safety.
C 3. Prior to the commencement of the development hereby permitted, a Construction Management Plan shall be submitted to the Department for approval in writing. The development shall thereafter be undertaken in strict accordance with the approved details.
Reason: In the interests of highway safety.
C 4. Prior to the commencement of the development hereby permitted, and notwithstanding information already received to date, a detailed landscaping scheme and updated ecological enhancement plan shall be submitted to the Department for approval in writing. The plan should contain the following information:
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All hard and soft landscaping works shall be completed in full accordance with the approved details prior to the occupation of the relevant building/s i.e. dwellings, nursery/retail unit and thereafter retained. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.
Reason: In the interests of the character and visual amenity of the site, and to enhance and safeguard biodiversity.
C 5. Prior to the commencement of development, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Department, with all works to be undertaken in accordance with the approved detail. The CEMP will need to incorporate the following measures and detail:
Reason: To provide adequate safeguards for the ecological species existing on the site.
C 6. No permanent lighting shall be installed within the site unless a sensitive low level lighting plan, following best practise, as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8 on Bats and Artificial Lighting (12th September 2018), has been submitted to the Department and approved in writing.
Reason: In the interests of biodiversity.
C 7. Prior to the commencement of the development hereby permitted, and notwithstanding the information already received, detailed information of tree protection measures, including the technical specification of fencing and signage, shall be submitted to the Department for approval in writing. The development shall thereafter be undertaken in strict accordance with the approved details.
Reason: To ensure the protection of retained trees within the site.
C 8. Notwithstanding the meaning of development in Section 6 of the Town and Country Planning Act 1999 or any act revoking or re-enacting that Act, no mezzanine floor shall be constructed without a further application for planning approval being submitted and approved.
REASON: the parking provision is considered acceptable on the basis of the floor area of the proposed units as shown in the submitted plans and on only one floor of accommodation per unit.
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C 9. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the units hereby approved shall only be used for General industrial (Class 2.3) and/or Storage/distribution (Class 2.4) and for no other purpose at any time.
REASON: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.
C 10. The development hereby approved shall not be occupied or operated until the vehicle parking and turning areas have been provided in accordance with approved plans and the parking and turning areas shall thereafter be kept available for the parking and turning of vehicles associated with the development.
REASON: In the interests of highway safety.
C 11. No items of machinery or any equipment or other goods shall be kept outside of any buildings and all activities shall be undertaken within the buildings unless otherwise agreed in writing by the Planning Authority.
REASON: To protect the neighbouring amenity and parking areas
C 12. The buildings shall be used only from Monday to Saturdays inclusive and no business shall be carried out therein on Sundays or Bank Holidays unless otherwise agreed in writing with the Planning Authority.
REASON; To safeguard the character of the area
C 13. The development shall be implemented strictly in accordance with the drainage plan/details referenced; JTM2170-P-10 C. No part of the development shall be occupied until the agreed drainage strategy has been implemented. The drainage system shall be permanently retained thereafter in accordance with the submitted details
REASON: In order to ensure that adequate drainage/flood control measures/facilities are provided, and retained, in the interests of the amenity of the area.
This application has been recommended for approval for the following reason. The application site forms part of land zoned for industrial purposes, with the development considered to amount to a highly efficient use of land whilst providing increased employment opportunities, without detriment to the character and appearance of the locality of the amenities of surrounding residential properties. The proposals would further ensure no net loss of on-site biodiversity, whilst being acceptable from a highways, drainage and flooding perspective following the submission of revised plans. The proposals are therefore considered to accord with Strategic Policies 1,2,5,7,10, Spatial Policy 1, General Policy 2, Environment Policies 4,10,22,42, Business Policies 1,2,5-6, and Transport Policies 4,7-8 of the Isle of Man Strategic Plan 2016 and relevant policies of the Area Plan for the East 2020.
Plans/Drawings/Information;
This approval relates to the following drawings and documents:
JTM2170-P-03 D - Proposed Site & Ground Floor Plan JTM2170-P-04 C - Existing Warehouse & Proposed Units 1-5 Elevations JTM2170-P-05 D - Proposed Units 8-9 Elevations JTM2170-P-07 D - Proposed Site Plan Levels JTM2170-P-08 C - Proposed Transport Plan JTM2170-P-10 C - Proposed Drainage Plan
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JTM2170-P-11 C - Proposed Ecological Appraisal Flood Risk Assessment - JBA Consulting Received 15.08.23
JTM2170-P-01 A - Location and existing site plan JTM2170-P-02 A Existing site plan levels JTM2170-P-06 C Proposed Units 10-11 Elevations JTM2170-P-09 A - Proposed Site Plan Received 09.02.23
Road safety Audit - HMTC Received 15.12.22
Arboricultural Impact Assessment - Manx Roots Preliminary Ecological Appraisal Report - Manx Wildlife Trust Outline tree protection plan (OTP-111122) Tree impact plan (TI-111122) Tree removal plan (TR-111122) Tree species survey Tree survey and report - Manx Roots Tree constraints plan (TS-111122) Received 13.12.22
Existing water network plan Existing drainage network plan Roof panel data sheet Wall panel data sheet Received 04.08.22 __
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 relating to planning considerations:
Department of Infrastructure Highways Services Department of Infrastructure Highways Drainage Department of Infrastructure Flood Risk Management Division Department for Enterprise Manx National Heritage Manx Utilities Authority __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE TOTAL COMMERCIAL FLOORSPACE OF THE PROPOSALS EXCEEDING 500SQM
1.0 THE SITE 1.1 The site is the a parcel of developed land which accommodates an existing three storey Warehouse building, together with two further warehouse buildings and associated areas of hardstanding for parking/vehicular storage. The site sits to the southern side of New Castletown Road, south of Mylchreest Motors complex and west of the National Sports Centre complex. The River Dhoo bounds the site to the immediate east, with the southern portion of the site having fairly recently been removed off all previous trees and vegetation.
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1.2 The site is accessed via an existing access which serves Mylchreest Motors and industrial commercial units outside of the application site. The site previously accommodated 2 vacant dwellings of The Laurels and The Hollies which were in a ruined state, and have since been entirely demolished.
2.0 THE PROPOSAL 2.1 Planning permission is sought for a comprehensive redevelopment of the site, comprising a total of 9 no. light industrial units, with associated parking, an internal access road and engineering works by way of moderate infilling and altering to site levels.
2.2 The proposals include the retention of the existing warehouse and erection of 5 no. attached units (labelled units 1-5), a further 2 no. attached units to the immediate west adjacent to the site's western boundary (labelled units 8-9), and the erection of 2 no. units to the north of units 1-5, both of which would also be conjoined but staggered (labelled units 10- 11).
2.3 Units 1-5 and 8-9 would be effectively identical in appearance, comprise a shall dual- pitched roof with a central ridge, 5m high grey roller shutter doors to the front elevation and a pedestrian security immediately adjacent for each unit. The units would comprise an eaves height of 6m and ridge height of 7.286m, whilst being finished in grey profiled roof and wall cladding.
2.4 Units 10-11 would be finished in the same materials as above but comprise a mono- pitched roof profile sloping downward from east to west, with a maximum height of 5.76m and minimum height of 3.37m. The units would be complete with 3.5m high roller shutter doors, a pedestrian entrance do and additional 3.5m high surround glazing.
2.5 The proposals include a total of 38 on-site parking spaces to serve the development, with a dedicated secure refuse/recycling to the immediate north of Unit 9, with covered cycle storage areas (10 spaces) in the south-western corner of the site (together with a dedicated pedestrian/cyclist access point) and immediately adjacent to the north-western corner of the existing warehouse. The proposals include a one-way clockwise internal vehicular access around the existing warehouse, continuing southward and then turning back north between units 1-5 and units 8-9.
2.6 It is worthy of note that this application has been amended on a number of occasions with the quantum of development having been reduced due to highlighted flooding issues. The resultant development now proposed is reflective of comments largely received from the Department of Infrastructure's Flood Risk Management Division, insofar as built development from the southern portion of the site having been affectively omitted.
3.0 PLANNING HISTORY 3.1 The site has been the subject of a fairly extensive planning history, the majority of which is not however considered to be of particular material relevance to this application. The following more recent applications are however listed below for reference:
20/01185/A - Approval in Principle for area of residential development - approved
20/01067/REM - Reserved Matters application in association with PA17/01308/A concerning access matters to the proposed site - refused
17/01308/A - Approval in principle for the construction of 24 apartments - approved
4.0 PLANNING POLICY 4.1 The application site is identified on the Area Plan for the East as land zoned for 'industrial use' within Douglas. The site is not within a Conservation Area, however the southern
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and eastern sections of the site are identified as falling within an area of high flood; both in terms of fluvial and surface water flooding due to the site's proximity to the River Dhoo.
4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy 1 Efficient use of land and resources 2 Development focussed in existing towns and villages 5 Design and visual +impact 7 Retention and protection of undeveloped land zoned for industrial purposes 10 Sustainable transport
Spatial Policy 1 Development within the Douglas urban area
General Policy 2 General Development Considerations
Environment Policy 4 Protection of species and habitats 10 Development and flood risk 22 Protection of environment and/or residential amenity from pollution 42 Designed to respect the character and identity of the locality
Business Policy 1 Support for employment related development which accords with policy 2 Land for industrial development to be designated throughout the Island 5 Industrial related development only in land zoned for industrial use, with retail development not permitted except in certain circumstances 6 Area Plan development briefs to support land zoned for industrial use
Transport Policy 4 Highway Safety 7 Parking Provisions 8 Requirement of Transport Assessment for major development
4.3 Area Plan for the East (2020) Employment Proposal 1 states that the development of existing industrial land 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).
Paragraph 8.5.1 of the Area Plan further adds that: There are a number of existing (established) industrial estates and business parks which include smaller vacant plots and areas. These were originally identified and recorded in the Site Identification Report (during the Preliminary Publicity Stage) as 'Site Assessment Framework (SAF) Category 1 Sites'. This label meant that given their size, nature and surrounding land use there was no real policy decision that needed to be made as part of the plan process and it was appropriate simply to colour wash these areas on the maps to reflect the wider land use. A purple 'hatch' or colour wash represents industrial land. Sites identified as SAF Category 1 and under 0.35 hectares are not specifically shown on the Proposals Map and Inset Maps.
5.0 REPRESENTATIONS
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The following relates to the most recent comments received from consultees based on the most up to date information and revised plans that the application is now being considered on. Full details of previous representations made can be found online.
5.1 Douglas Borough Council - This application has previously been considered by the Council and there does not appear to be any major concerns with the amendments that would warrant the Council withdrawing its support of the development. (18.08.23)
5.2 Highways Services - The site is well placed with pedestrian and cycle access available from the:
o Via the existing access junction from New Castletown Road. o Utilising the bridge at the National Sports Centre and adjoining paths o Between Groves Road and New Castletown Road and directly from Groves Road
Within the site, the proposed units are to have pedestrian pathways around their perimeter to aid safe movement around the site. Bus connections can be made from the bus stops either side of Groves Road, such as outside of the NSC, and further away on Peel Road. There are links for cyclists and the proposal is to provide secure enclosures for 30 bicycles at the north of the site outside of Units 1-10 and to the west outside of Units 11-12. The storage will be of a suitable type. Each unit is to electric charging point infrastructure enabled for discretionary installation by the owner / tenant of the units. This is welcomed.
The proposal includes modifications to the access junction from New Castletown Road based on a previous consent which may no longer be extant to be relied upon and may require an additional submission. These need to include exit visibility splays at 2.4 x43m in each direction to accord with the 30mph speed limit, drainage, and alterations to the kerb lines to better accommodate pedestrians and the turning of larger vehicles. These changes aim to provide greater and safer flow of traffic into and out from the site by speeding entry to reduce any queuing on the New Castletown Road. The proposal includes tactile paving and dropped kerbs at the pedestrian crossing points to aid awareness of the crossing and vehicular access/egress from the site. The existing gulley at the entrance to the site from the New Castletown Road is to be relocated in line with the proposed altered radius to ensure effective drainage and to safeguard the gulley from vehicular damage.
The works in the highway will require a separate permission from Highway Services under a s109(A) Highway Agreement after grant of any planning consent. On construction of the vehicular access, the existing road drainage must either be retained or an effective alternative scheme provided at the Applicant's / Developer's expense on a satisfactory arrangement being drawn up and agreed with the Highway Services' Drainage team. Works may be commissioned from a contractor accredited to work on a public road and constructed to commercial specification to the satisfaction of Highway Services.
The proposal indicates a section of two-way movement and shared use between the access junction and the southern end of the existing units. There would be an introduction of a 5mph speed limit, reconfiguration of existing parking to one side and angular to allow an installation of a passing place, markings and signage to indicate parking and no parking areas before providing an one-way clockwise circulation around the proposed units.
This arrangement would allow more convenient two-way movements at the northern end of the site larger vehicles at, the narrowest point and provide a low speed environment to help vulnerable users, such as cyclists, motor cyclists and pedestrians navigate safely through the site where there is a mixture of motorised vehicle traffic. The proposed one-way road system would allow larger vehicles to reverse into the unit forecourts and facilitates parking around the site as well as providing more forward visibility for oncoming drivers of vehicles.
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It would further make for more convenient waste collection as demonstrated by a swept path analysis shown on the submitted Transport Plan, Drawing JTM2170-P-08 C. Units 1-10 are each to have 3 no. 240l refuse/recycling bins to be positioned at the rear of each building whilst Units 11-16 are each to use a shared refuse/recycling points with a minimum 14 no. 1100l bins. Douglas Borough Council may comment further on suitability of the waste collection facilities. It may be prudent to provide a construction management plan given existing users and pinch points adjacent existing buildings. Surface water run-off is to be contained within the site.
The proposal provides a total of 31 parking spaces, including three disabled bays to add to the eight no. parking spaces at the site on reconfiguration. This equates to at just under 2no.spaces per unit, but lower than required under the IOM Strategic Plan car parking standards for light industrial units of one space per 30sqm where 56 spaces would be needed but closer to the general industrial standard of one space per 50sqm, equivalent to 33 spaces. This is acceptable on there being more than adequate on-site cycle parking exceeding the Manual for Manx Roads criteria for employment uses of one space per 1,000sqm short stay and one space per 500sqm for long stay. Additionally, there are positive locational aspects for connectivity and alternative parking provision. There being bus and walking routes as well as public car parking nearby at the Bowl car park. Parking arrangements would need to be made clear to existing and future owners/ tenants and visitors to avoid overspill issues.
The proposal does not raise significant road safety or network functionality issues. There has been one slight personal injury related collision in the latest three-year period between the 01/11/2019 and 31/10/2022. This was on the A5 to the west of Spring Valley Crescent and was not located near the access to the site. The Stage 1 Road Safety Audit identified four problem areas mainly at the access to address pedestrian and cyclist crossing the A5 and drainage plus to the existing parking arrangements. These matters are addressed in the amended scheme.
As amended the proposal is acceptable in highway terms for no opposition to be raised subject to conditions:
a) If necessary, site access modification - further details to be submitted for approval, including alteration to the kerb lines, highway drainage and visibility splays. b) Site layout to accord with Proposed Ground Floor plan depicted on submitted Drawing JTM2170-P-03 Rev D. c) Construction Management Plan.
The Applicant is advised of the need for a s109(A) Highway Agreement for works to the access junction. (20.12.22)
Highways Development Control notes the amendments uploaded on 9 February 2023 with the reduction in the number of units from 16 to 11 and adjustment to parking numbers from 31 to 26 spaces, including three bays for mobility impaired use, plus revisions to the layout on retaining an existing warehouse. These changes would remain acceptable in highway terms. Accordingly, HDC continues to not oppose this proposal subject to conditions for:
a) Access and site layout to accord with the named Drawing: Proposed Transport Plan; No: JTM2170-P-08 Rev C. b) Construction Management Plan.
The Applicant is advised of the need for a s109(A) Highway Agreement for works to the access junction. (17.02.23)
"Highways Development Control notes the amendments uploaded on 9 February 2023 with the reduction in the number of units from 16 to 11 and adjustment to parking numbers from 31 to 26 spaces, including three bays for mobility impaired use, plus revisions to the layout on
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retaining an existing warehouse. These changes would remain acceptable in highway terms. Accordingly, HDC continues to not oppose this proposal subject to conditions for:
a) Access and site layout to accord with the named Drawing: Proposed Transport Plan; No: JTM2170-P-08 Rev C.
b) Construction Management Plan.
The Applicant is advised of the need for a s109(A) Highway Agreement for works to the access junction. (15.08.23)
5.3 DEFA Biodiversity - The Ecosystem Policy Team acknowledge the changes to the proposed number and location of bird boxes as a result of the removal of one of the buildings from the proposed plans. From 19 boxes to 15. We are content with this change. Our comments from our response dated 8th March 2023 are still relevant:
We question the inclusion of the 16 Douglas Fir Trees. We don't object to this but think the applicant should consider their planting in regards to the size they will eventually grow to in relation to the Millmount Complex and their purpose. We think a mixture of species, including native broadleaved species should be selected instead.
We would also request that some of the south facing bird boxes are changed to bat boxes, in line with the MWTs recommended ecological mitigation recommendations. Should this application be approved, we request that a condition is secured for an ecological mitigation plan to be submitted to Planning for written approval prior to any works, including site clearance, from taking place. The on-site mitigation must then be undertaken in strict accordance with these agreed measures.
This plan should encompass the following: Details, including type and location, of nesting bird boxes to be erected on the new buildings. Details, including type and location, of bat boxes to be erected on the new buildings. Details of the shade tolerant ground flora - including seed mix, species composition, and details of how this area is to be created and managed. Details of the new tree planting, including species and timing of planting.
A condition should also be secured on approval for no works to take place, including clearance and enabling works, unless a Construction Environmental Management Plan (CEMP) has been provided to Planning and approved in writing. The CEMP will need to contain details of 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:
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Lastly, we have not yet seen details of any lighting requirements for the site, but lighting has the potential to lessen the value/ make redundant some of the ecological mitigation measures on site and therefore we request that a condition is secured for no permanent lighting to be installed unless a sensitive low level lighting plan, following best practise, as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8 on Bats and Artificial Lighting (12th September 2018), has been submitted to Planning and approved in writing. Lighting should be avoided on any trees and vegetation, any part of the river, and the proposed bat and bird boxes.
5.4 DEFA Forestry - Further to the submission of amended plans and additional arboricultural information, I would like to withdraw my objection to this planning application for the following reasons:
An outline tree protection plan has been provided, it would be prudent, however, to seek the technical specifications for fencing and signage that will be erected around the construction exclusion zone. I would therefore request that this information is sought through a precommencement condition, and that a condition is in place to ensure these tree protection measures are implemented throughout the entire development process.
5.5 Manx National Heritage - The development application has been amended to allow planting of a small number of trees, which we acknowledge, but feel that level of mitigation does not satisfy the recommendations laid out in the MWT Preliminary Ecological Appraisal (PEA) which was submitted as part of the application process. The PEA states that planting should be at least equivalent to the area of semi natural habitat which would be lost and that it should include suitable ground flora rather than flower beds.
The proposed mitigation does not meet either of the above criteria through the revised application. In general, where a development would result in a loss of habitat and or species, as is the case at Millmount, it is anticipated that mitigation measures would be in place to not only compensate for the loss but to increase opportunities for nature conservation with the overall aim of increasing biodiversity net gain.
Additionally the report from DEFA forestry highlights that the implementation of the tree protection plan is unlikely to be sufficient to prevent a significant and detrimental impact on trees. The deterioration and possible loss of trees, which are marked as being retained, would obviously further reduce biodiversity at this site.
For the above reasons MNH are unable to support this application in the current form. (11.01.23)
Having read through the environmental amendments made to this application we have no additional concerns to address. (01.03.23)
5.6 Highways Drainage - Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of
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the Manual for Manx Roads. The applicant is to provide details of measures to prevent surface water from flowing onto the highway. (31.01.23)
5.7 Flood Risk Management - We are happy with the finding in the flood risk assessment provided and that it is conditioned that the new units have a finished flood level of 12.5mAD02. (10.10.23)
5.8 Manx Utilities Authority - Manx Utilities Authority has assessed the above planning application and would like to advise you that the Authority has no objection to the application subject to the following condition/s:-
o Public sewerage crosses this site. The line of the sewer(s) must be identified before development work commences. The sewer(s) must be fully protected whilst all building works are being carried out. No part of the proposed development may be constructed, nor any trees planted within three metres of any public sewer either at the time of construction or any time in the future. o Prior to any works commencing MU also would like to have a cross section drawing through the proposed soakaway units in relation to the combined sewer. o If the applicant wished for the foul drainage do be adopted, discussion with MU should take place post planning and before construction.
There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of Manx Utilities and the Sewerage Act 1999.
The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to Manx Utilities. All drainage works must conform to the requirements of "Manx Sewers for Adoption", any necessary CCTV surveys are to be carried out at the developer's expense.
In accordance with the Sewerage Act 1999, 9 communication fees will be payable to Manx Utilities Authority in respect each property being connected (directly or indirectly) to the public drainage system. (08.09.23)
5.9 DEFA Fisheries - I can confirm that DEFA, fisheries have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse. As the proposed works are in close proximity to the watercourse, precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river. The proposed waste material interceptor and soakaway must meet the required capacity to avoid any contaminated surface water entering the adjacent watercourse. Fisheries have also recommended that all new tenants using the proposed light commercial units be given a welcome pack, giving best practice advice on disposing of hazardous materials from the site. (12.01.23)
5.10 Department for Enterprise - The Department's Officers are pleased to provide their comment and support for this application. The Department's Officers comments are based on a consideration of the application and how it delivers upon the policies and strategies set out in the Island Plan, the Isle of Man Economic Strategy: November 2022, the Department for Enterprise's Department Plan and the Isle of Man Climate Change Plan.
The Department's Officers note that the land is designated for 'Industrial' use within the Area Plan for the East, which came into operation on the 1st December 2020 and that in that regard, the proposals for the erection of 16 light industrial units would appear to accord with that designation. The Department's Officers also note that the site is included on the Unoccupied Urban Sites Register: East (Update 1) as site reference UUS 69 in the Cabinet Office's December 2022 update, which forms a part of the cohesive evidence base for both Government and the private
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sector to help focus resources and facilitate the development of brownfield sites. In so doing, the Department's Officers also note that the objective 'Building Great Communities' in Our Island Plan makes a strong commitment to "focus development on brownfield sites".
The proposals represent valuable investment in the redevelopment of a former industrial site via the replacement of the existing 455.9sqm/4907sqft warehouse with 1673sqm/18,000sqft of light industrial units, representing a 27% increase in useful floor area as well as providing much needed modern, well insulated and secure units to foster small business. The Department's Officers note that units of this scale represent valuable 'start up' opportunities for small businesses.
The configuration of units 1-5, 6-10, 11-12 and 13 and 14 offer flexibility to increase in increments of 1 1 ,500sqft to 12,500sqft to accommodate business use, or expansion. Representatives of the Department regularly engage with companies looking for circa 2025,000sqft, so this flexibility could accommodate such businesses, particularly in the much sought after Douglas/eastern area.
In respect of Climate Change, sustainability and Environmental, Social and Governance ('ESG') goals, the application utilises Kingspan insulated panels produced in the UK, which are certified to BES 6001 (Framework Standard for the Responsible Sourcing of Construction Products) 'Very Good'. All Kingspan insulated panels manufacturing facilities across the UK and Ireland are 100% Net Zero Energy, with the insulated panels procured using steel that is made from 15 - 25% recycled content. As a result, Kingspan insulated panels directly contribute to BREEAM@ / LEED@ credits.
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, I wish to provide my support for these proposals which seeks to actively regenerate and repurpose a previously developed site, which is in my view, is entirely in keeping with Government's ideal direction - to reuse and maximise a previously developed site rather than develop greenfield sites. (26.01.23)
6.0 ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are as follows:
Principle of development
(STP1,2,7, SP1, BP1,2,5,6)
Design, layout and visual impact (STP5, GP2, EP42)
Neighbouring amenity
(GP2)
Ecology, biodiversity and arboriculture (EP4)
Highways impacts and parking
(STP10, TP4,7,9)
Drainage and flooding
(EP10)
6.2 PRINCIPLE OF DEVELOPMENT 6.2.1 The application site falls within an area zoned for 'industrial' use within the Area Plan for the East, and therefore the principle of its redevelopment for light industrial use is considered to be compatible with its land use zoning and the relevant policies of the Strategic Plan and the Area Plan for the East.
6.3 DESIGN, LAYOUT AND VISUAL IMPACT 6.3.1 The design, built form and materials palette of the proposed development corresponds to a fairly standard vernacular and visual aesthetic for modern light industrial units, particularly those seen in recent years in the UK. The site is zoned for industrial use and forms part of a wider zoning including existing commercial development both within the site and to the immediate north, and therefore the introduction of the built development proposed would not appear incongruous in this respect. Likewise, the design and form of the proposed units are
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considered to be acceptable in their own right, and in particular would comprise a marginally reduced scale relative to the existing warehouse building to be retained.
6.3.2 In any case, the development would not be visible within the context of the principle streetscene of New Castletown Road, whilst being further largely screened from residential development to the immediate west from retained mature trees along the site's western boundary. Additional tree planting in the form of 5 trees (2 no. Field Maple and 3 no. Birch) is proposed along the site's southern boundary to bolster existing and retained tree coverage. Likewise, the proposals include additional planting of 16 no. Conifer tree along the site's eastern boundary adjacent to the River Dhoo to compensate for previous tree loss within the site whilst further screening the development from the grounds of the National Sports Centre.
6.3.3 The proposals are therefore considered to be acceptable from a design perspective, without resulting in a detrimental impact upon the visual amenities of the wider locality, in compliance with General Policy 2 (b) and (c) and Environment Policy 42.
6.4 NEIGHBOURING AMENITY 6.4.1 The site forms part of an area zoned for industrial purposes which already contains a number of active commercial buildings, and it is therefore evident that a significant amount of activity already occurs within a large portion of the site. The proposed expansion of activity, particularly with respect to vehicle movements and additional noise and disturbance associated with the increased commercial activity is noted. However, given the current level of operations taking place within the site and adjacent commercial units to the north and north-east, it is considered unlikely that the proposals would result in a significantly harmful impact upon the amenities of residential properties immediate surrounding the site over and above the current situation.
6.4.2 In any case, the site is largely well-screened with development primarily focussed in the site's centre adjacent to the existing warehouse. Units 8-9, sited adjacent to the site's western boundary, would include an eastward facing activity frontage away from residential properties in the greatest proximity to the site, with an existing access track running adjacent to the same boundary provide a further buffer.
6.4.3 The residential property most likely to be impacted by the proposals is Primrose Cottage, sited within close proximity to Units 10-11 to the immediate north-east and Units 8-9 to the south-east. However, this property is sited on higher ground than the application site and therefore potential impacted related to overshadowing, loss of proximity or loss of sunlight/daylight would not be reasonably evident. With respect to general noise and disturbance, the property is already located within close proximity to significant commercial activity associated with current operations occurring within the site and to the immediate north. Therefore, whilst the proposals would clearly result in a marginal degree of impact due to the increased proximity of built development towards this property, such an impact is not considered to be sufficiently harmful to warrant objection to the site's proposed redevelopment.
6.4.4 On balance therefore, the proposals are not considered to result in a significantly harmful impact upon the amenities of surrounding residential properties, and are therefore further compliant with General Policy 2 (g) and Environment Policy 22.
6.5 ECOLOGY, BIODIVERSITY AND ARBORICULTURE 6.5.1 The application is accompanied by a Preliminary Ecological Appraisal carried out by Manx Wildlife Trust, the content of which, including the evaluation of ecological impacts as a result of the proposals and recommendations/mitigation out forward, has been found acceptable by the Ecosystems Policy Team. Likewise, the proposals include the submission of an ecological enhancement plan, which details the inclusion of eaves level birds boxes throughout the development, together with compensatory tree planting and additional planting. Some queries has been raised over the choice of trees together with the lack of bat boxes,
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whilst further noting that no details of lighting have been provided. It is considered that such matters can be suitably addressed through the submission of a detailed landscaping scheme and ecological enhancement plan by way of condition, together with details of an ecological friendly external lighting scheme should this be required. Over all it is considered that the proposals would ensure that there would be no overall net loss of biodiversity within the site and are therefore acceptable in this regard.
6.5.2 Following the submission of an Arboricultural Impact Assessment by Manx Roots and amended plans, the Forestry Officer has since removed their objection and is largely content with the level of information supplied. In particular, they note that changes to the scheme have greatly reduced its potential impact upon the health of retained trees within the site. Further information is however sought in relation to details of tree protective fencing (i.e. technical specifications), whilst it is noted that some of the information supplied relates to outdated plans. Therefore, it is considered reasonable that further details of tree protection measures be supplied by way of condition. Additional tree planting within the site has been provided since the latest response received by the Forestry Officer, however updated/detailed landscaping will be required by way of condition as noted in the above paragraph.
6.6 HIGHWAYS IMPACTS AND PARKING 6.6.1 No concerns have been raised by Highway Services with respect to both the initial proposals and as subsequently amended with respect to access, vehicle manoeuvrability and parking. A detailed assessment of an earlier iteration of the proposals by Highway Services is noted within this report and received on 20.12.22, with no concerns raised following subsequent amendments to the scheme. It has been recommended that a Construction Management Plan is submitted for assessment and approval by way of condition due to potential pinch points within the site adjacent to existing buildings, which is considered to be reasonable.
6.6.2 The proposals are further considered to provide a more than sufficient level of on-site parking with respect to the amended 9 unit scheme, with additional cycle parking to also be provided. The site is further located in a highly sustainable location in close proximity to bus and walking routes, with further public car parking available at the nearby Bowl car park. It is further noted that surface water run-off would be contained within the site,
6.6.3 The proposals are not considered to pose a detrimental impact upon highway safety, whilst providing a suitable internal access route and convenient manoeuvrability for larger vehicles and waste collection, whilst providing sufficient on-site parking. The proposals are therefore considered to be acceptable with respect to highways and parking matters, in compliance with Transport Policies 4 and 7.
6.7 DRAINAGE AND FLOODING 6.7.1 A large portion of the site falls within an area of high fluvial and surface water flood risk, with the initial scheme having been amended on a number of occasions largely in response to concerns raised by the Flood Risk Management (FRM) Division and the outcome of a Flood Risk Assessment produced by JBA Consulting on behalf of the application.
6.7.2 On the outcome of the FRA and recommendations contained therein, Units 6-7 in the southern portion of the site were removed from the scheme, with a recommendation that ground levels in the western portion of the site be raised to 12.3mAOD, with finished floor levels to be set at 12.5mAOD. Such measures have been reviewed and accepted by FRM, who are now in support of the revised scheme of 9 commercial units providing that the proposed finished floor levels be conditioned. On this basis the revised proposals are considered to be acceptable from a flood risk perspective, in compliance with Environment Policy 10.
7.0 CONCLUSION
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7.1 The application site forms part of land zoned for industrial purposes, with the development considered to amount to a highly efficient use of land whilst providing increased employment opportunities, without detriment to the character and appearance of the locality of the amenities of surrounding residential properties. The proposals would further ensure no net loss of on-site biodiversity, whilst being acceptable from a highways, drainage and flooding perspective following the submission of revised plans. The proposals are therefore considered to accord with Strategic Policies 1,2,5,7,10, Spatial Policy 1, General Policy 2, Environment Policies 4,10,22,42, Business Policies 1,2,5-6, and Transport Policies 4,7-8 of the Isle of Man Strategic Plan 2016 and relevant policies of the Area Plan for the East 2020. It is therefore recommended that the planning application be approved for the reasons contained within this report, subject to conditions attached to any forthcoming decision notice.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
8.3 The Department of Environment Food and Agriculture (DEFA) 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:...06.11.2023
Signed :...T COWELL... 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 06.11.2023
PA No 22/00865/B Applicant WDS Ltd Proposal Erection of 9 light industrial units with associated road infrastructure, parking and amendment to site levels and ground infill Site Address Millmount Complex New Castletown Road Douglas Isle Of Man IM2 1HD Planning Officer Mr Toby Cowell Presenting Officer As above - Addendum to the Officer Report
At the committee meeting of the 6th November, members sought the addition of two further planning conditions (C.14 and C.15);
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