25 August 2023 · Planning Committee
Balthane Park, Balthane Industrial Estate, Balthane, Ballasalla, Isle Of Man, IM9 2ax
The proposal involves constructing 45 industrial units (Classes 2.3 general industrial and 2.4 storage/distribution) with a total floor area of 5232 sq.m, arranged in four blocks on a 1.6 ha relatively level vacant site adjacent to existing industrial uses and the under-construction Ballasalla by-pass.
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The site is designated for industry/business park and mixed uses under the Area Plan for the South (Site Brief 3), supporting the principle of industrial development compliant with Employment Proposal…
Environment Policy 1
Area Plan for the South supports employment uses on designated land; site half within Industry/Business Park zoning and Site Brief 3 allows Class 2.3/2.4 industrial. Officer confirmed principle acceptable for employment opportunities.
Landscape Proposal 19
Area Plan requires high-quality functional design for industrial buildings visible from A5/by-pass/railway; proposal's materials (Kingspan cladding, rendered block) improve on existing and conditioned for uniformity.
General Policy 2
General development considerations (a-n) including siting, design, amenity, highways; assessed compliant across scale, visual impact, neighbour amenity (distances 60-90m, noise conditions), highway safety.
Strategic Policy 6 - Major employment-generating development
Major employment to designated areas; site zoned for industry, adjacent existing estate, supports labour/integration per Employment Land Review.
Strategic Policy 10
Sustainable transport; toucan crossing, bus laybys, cycle/ped links enhance connectivity to housing/industry.
Business Policy 1
Growth of employment opportunities; 45 starter units provide jobs on zoned land.
Business Policy 5
Limitations on industrial land; uses restricted to Class 2.3/2.4 by condition.
Transport Policy 7
Parking provisions; 124 spaces meet IoMSP standards (1/50sq.m), adequate per Highways.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
No mezzanine
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.
Use restriction
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.
Pedestrian/vehicle arrangements
The development hereby approved shall not be occupied or operated until the pedestrian and vehicle arrangements have been provided in accordance with the approved plan (APL_310 P4). Such areas shall remain free from obstruction thereafter and remain available to the users of the corresponding industrial unit.
Drainage implementation
The development shall be implemented strictly in accordance with the drainage plans/details referenced; ADR_500 Rev.D. 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.
Parking/turning areas
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.
Visibility splays
There shall be no obstruction to visibility splays higher than 1.05m above adjoining road level forward of a line drawn 2m back from the nearside carriageway edge at the centreline of the access extending 36m in each direction. Such visibility splays shall be provided before the construction of the buildings hereby approved is commenced and shall be permanently maintained free of obstruction thereafter.
External cladding
The external cladding shall be as per drawings referenced; BSA_APL_322 P3; BSA_APL_323 P3; BSA_APL_324 P3; BSA_APL_325 P3, unless otherwise approved in writing by the Planning Authority.
Landscaping/planting
All planting shall be carried out in accordance with the approved details in the next available planting and seeding seasons. Any tree or shrub which within a period of 5 years from the completion of the landscaping works, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with another similar size and species, unless the Planning Authority gives written consent to any variation.
No external storage
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.
Lighting scheme
No external lighting shall be permitted except that as approved as part of a lighting scheme to be submitted to and approved by the Planning Authority.
Hours of operation
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.
Noise levels
Noise levels from any plant, processes or equipment at the proposed industrial development measured at neighbouring residential premises including gardens, between the hours of 0700 - 2000 hrs (day-time) shall not exceed 50 dB LAeq, 1 hour; and noise levels from any plant, processes or equipment at the proposed industrial development measured at the external facade of neighbouring residential premises, between the hours of 2000 - 0700 hrs (night-time) shall not exceed 45 dB LAeq, 5 minute.
Hedge protection
All existing hedges shown on the site as being retained must, prior to the commencement of any excavation or building work on site, be protected by the erection of protective fencing. During construction no building, storage, or excavation may be undertaken within the protected areas unless authorised in writing by the Planning Authority.
Boundary plan - masonry wall
Prior to the commencement of development a boundary plan showing details of a masonry constructed wall to screen how the open spaces to the front of the parking (north) is to be secured between the buildings, shall be submitted and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Wildflower mix amendment
The proposed wildflower grass seed mix as detailed on drawing referenced APL_330 RevP6, shall now use the amended see mix labelled "the woodland wildflower mix" as specified in the applicant's email of 20th June.
Petrol/oil interceptors
Prior to the occupation of any of the units hereby approved, a plan showing details and the location of the petrol and oil interceptors shall be submitted to and approved in writing by the Department. The development shall be undertaken in accordance with the approved details and maintained as such thereafter.
Construction Method Statement
Prior to the commencement of the development hereby approved a Construction Method Statement (CMS), to be provided to the Department for written approval prior to any works, including clearance and enabling works, taking place. The CMS will need to contain details of controlling any offsite pollution of the Ronaldsburn River, including sediment control measures to prevent any run off from the site during periods of adverse weather/rainfall during the construction process. The works will be carried out in accordance with the approved details.
satisfactory in highway terms with suitable accesses and internal layout; beneficial gains from bus/cycle/pedestrian infrastructure
support on merits for business/start-up opportunities
content with ecological mitigation (bank planting, bat/bird boxes, hedge protection); request conditions and swift boxes
propose flood resilient materials and adequate drainage
Multiple statutory consultees including DOI Highways, DEFA Ecosystem Policy, DEFA Fisheries/Inland Fisheries/EPU, Planning Policy, Manx Utilities, Malew Parish Commissioners and Manx National Heritage provided responses, generally supportive with conditions related to highways, ecology, pollution control and policy compliance.
Key concern: sediment and silt runoff potentially impacting Ronaldsburn and Derbyhaven ASSI
DOI Highways Development Control
Conditional No ObjectionThe proposal is satisfactory in highway terms with suitable accesses and internal layout.; Recommendation: DNOC
Conditions requested: Access and layout, including bus stop infrastructure, pedestrian / cycle links and Toucan crossing on the bypass to accord with Drawing: APL_310 Rev P4; Visibility splays at accesses to accord with Drawing: APL_355 Rev P2; Cycle parking stand type to accord with Drawing: APL_332 Rev P2
DEFA Ecosystem Policy Officer
Conditional No ObjectionThe Ecosystem Policy Team can confirm that we are content with the ecological mitigation measures detailed within this application
Conditions requested: Tree, hedge and wildflower planting to be undertaken on site as per the landscape plan (Drawing no. APL_330) in the nearest planting season following the construction of the units and any trees or plants which die or become seriously damaged or diseased to be replaced.; Bird and bat boxes to be installed on the units as per the Bat and Bird Positions plan (Drawing no. APL_331) - with the caveat that we would like the bird boxes shown on the plan to be replaced by those suitable for swift.; The existing hedgerow identified on the landscape plan (Drawing no. APL_330) in the south-west of the site, to be protected from damage prior to any construction work commencing by the erection of protective fencing at least 1m from base.; No permanent outdoor lighting to be installed unless a sensitive low level lighting plan following 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.; Details of the protection measures that are to be taken on site to prevent pollution to surrounding habitats, including sediment, construction materials, light, chemicals and oils, should be provided to Planning for written approval prior to construction commencing.
DEFA Fisheries / Inland Fisheries / EPU
Conditional No Objectionthe attenuation pond in the area with a hydro brake installation is what we would like to see on every large scale development; This will reduce the likelihood of a repeat incident to 2020 where the Ronaldsburn was heavily polluted with sediment.
Conditions requested: plan to be provided detailing how the applicants are to prevent off-site pollution, including runoff, during the construction process, and for this to be provided prior to construction commencing; developers to contact DEFA EPU or Inland Fisheries prior to stripping the land to ensure sediment control measures are considered and in place
Manx National Heritage
Conditional No Objectionthe possibility of this should be investigated before additional planning permission is granted
Conditions requested: identify the source of the silt outfall. If found to be from the current development site then not only does this need to be addressed but application 23/00168/B should demonstrate how run off from this proposed development will be dealt with in a manner which will not facilitate the transportation of silt into a freshwater course or onto an ASSI.
Planning Policy Cabinet Office
No Commentif all of the design details are now known including the ground levels which were specifically referenced, there should now be the evidence to be able to fully assess the impact of and need for a buffer zone/distance between any proposed buildings and the highway itself
Manx Utilities
Conditional No ObjectionManx Utilities are happy in principle with the proposals but will require detailed design post planning.
Conditions requested: detailed design post planning
Malew Parish Commissioners
No Objectionthe Board is now content with the application.
DOI Highways Senior Highways Development Engineer
No Objectionit is hoped that when the bypass is completed... daytime services Monday-Sunday can be split so some go down the A5 and some go down the bypass.
