**Document:** DEC Officers Report
**Application:** 19/01102/B — Erection of an industrial building to provide four units with associated hard standing and 22 car parking spaces
**Decision:** Permitted
**Decision Date:** 2019-11-19
**Parish:** Michael
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/29300-michael-factory-units-paddocks-jurby-parking/documents/1044327

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# DEC Officers Report

**Application No.:** 19/01102/B
**Applicant:** DoI Public Estates & Housing
**Proposal:** Erection of an industrial building to provide four units with associated hard standing and 22 car parking spaces
**Site Address:** New Factory Units The Paddocks Jurby Industrial Estate Jurby Isle Of Man Principal Planner: Mr Chris Balmer
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 12.11.2019 _________________________________________________________________

## 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- C 2. Prior to the occupation of the industrial building/s, hereby approved, the car parking and manoeuvring areas/forecourt as shown on the submitted drawing P-10 REV A, date-stamped as having been received 14th October 2019, shall be provided in full. Thereafter the car parking and manoeuvring areas shall be retained and remain free from obstruction.

Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety in accordance with General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2016.

- C 3. Prior to the occupation of the industrial building/s, hereby approved, the Carat XXL underground Firefighting water tank and associated soakaway/works as shown on the submitted drawing P-11 REV A, date-stamped as having been received 14th October 2019, shall be provided in full and shall be retained and remain free from obstruction.

Reason: To ensure that the Strategic Plan Community Policy 10 is met in the interest of fire safety.

- C 4. Prior to the commencement of any works the applicants are required to submit details of the amount (if any) and type of species rich grassland is to be trans located to a suitable receptor site within the Jurby Industrial Estate. The applicant is highly recommended to discuss this issue with the Biodiversity Officer within DEFA prior to submitting the details. The approved details shall be fully implimented. Reason: To ensure adequate protection/mitigation of the species rich grassland. Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers P10-A, P11-A, P12, P13 and P14 all received on 14th October 2019.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

### Officer’s Report

1.0 THE SITE - 1.1 The site is a presently undeveloped flat piece of grassed land which lies within Jurby Industrial estate to the north of the Jurby Estate Road and east of the A10 Jurby Coast Road. The site is surrounded by existing industrial units, albeit to the north east of the site is a woodland area and northwest is a flat grassed area, which has extant permission to building a total of 8 light industrial units.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of detached building to provide 4 industrial units. The units which including mezzanine levels, have a total floor area of 640sqm. A total of 22 designated parking spaces are provided within the application site. There are concrete forecourts which front each unit which are clear of parking spaces. - 2.2 The works also involve the installation of an underground firefighting water tank to the south west of the industrial units along the estate road.

3.0 PLANNING HISTORY - 3.1 The previous planning applications which are considered to be specifically material in the assessment of the current application: - 3.2 Erection of detached building to provide 4 industrial units with associated parking 19/00656/B - REFUSED on the following ground:

"R 1. The proposal would be contrary to Transport Policy 7 of the Isle of Man Strategic Plan 2016 given the lack of parking provision being provided within the site."

3.3 Erection of a factory unit - 12/00015/B - APPROVED by the Council of Ministers - 3.4 Erection of a factory unit with associated car park - 10/00587/B - APPROVED by the Council of Ministers - 3.5 Erection of factory unit with associated services, car parking, landscaping, fencing and construction of an access road - 05/00243/B - APPROVED

3.6 Opposite the site to the west and northwest of the site the following planning application is relevant to consider: - 3.7 Creation of twelve light industrial units with associated car parking, landscaping and drainage - 06/01265/B - APPROVED - this application has been implemented by the construction of four of the twelve units and 18 car parking spaces have been created all to the west of the application site. A total of 48 car parking spaces were proposed for this development on the basis of 1 space per 30sqm (light industrial units - a total combined floor area of 1430.4sqm - which includes the optional mezzanine).

4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is within an area designated as "Airfield" identified on the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area. Given the nature of the application and its history of approval for industrial development, it is appropriate to consider the following planning policies: - 4.2 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

- (a) is in accordance with the design brief in the Area Plan where there is such a brief;
- (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
- (c) does not affect adversely the character of the surrounding landscape or townscape;
- (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
- (e) does not affect adversely public views of the sea;
- (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
- (g) does not affect adversely the amenity of local residents or the character of the locality;
- (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
- (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
- (j) can be provided with all necessary services;
- (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
- (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
- (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
- (n) is designed having due regard to best practice in reducing energy consumption."

4.3 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7." - 4.4 Community Policy 10 states: "Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes." - 4.5 Appendix Seven of the Strategic Plan sets out the parking standards to be applied to new development which states that light industrial, storage and distribution should have one space per 30 square metres nett floor space.

## - 5.0 CONSULTATIONS

5.1 DOI Highways Services do not object to the application (22.10.2019). - 5.2 Jurby Parish Commissioners have no objection (25.10.2019). - 5.3 The Biodiversity Officer (DEFA) makes the following comments (05.11.2019): "The location of the proposed industrial building was identified as species rich semi-improved grassland in the Phase 1 Habitat Survey undertaken in August 1992. The Phase 1 Habitat Survey is a standardised survey method devised by the Joint Nature Conservation Committee (JNCC). The final report from the Phase 1 Habitat Survey can be found at Sayle, T., Lamb, J., Colvin, A. & Harris, B. (May 1995) Isle of Man Ecological Habitat Survey - Phase 1 1991 - 1994 Final Report, Isle of Man Government. This document provides information on the land coverage of each habitat type found on the Isle of Man and details the rarity of species rich semi-improved grassland. The survey found that this type of grassland type was recorded in only 633.96ha, just 1.1% of the land area of the Isle of Man. Given that this area is already zoned for development, the Ecosystem Policy Team recommends that, should the application be granted planning permission, a condition is secured to ensure that the species rich grassland is translocated to a suitable receptor site within the Jurby Industrial Estate; this could be co-ordinated via the Jurby Initiative."

## - 6.0 ASSESSMENT

6.1 The main issues to consider in the assessment of the application are land use; potential impact upon the street scene; parking provision/highway safety; Fire Provision; and wildlife implications. LAND USE - 6.2 As the site is designated as an Airfield use, rather than industrial use, there isn't a automatic presumption in favour of industrial development. This designations essential includes the whole of the Jurby Industrial Estate. As such, the development is not in accordance with the designated use on the adopted Development Plan. The industrial estate has been in place for a significant time and in recent times, planning permission was granted for the erection of an industrial building on this site and in the wider industrial estate. The Inspector considering that application (10/00587/B) states:

"The designation of the area including this site as having high landscape value and scenic significance seems either to have been a mistake or to have become out of date. It is difficult to see how this parcel of land, which is in an undistinguished landscape setting, is in effect surrounded by industrial premises and is close to development such as a go-kart track, can sensibly be regarded as justifying its landscape policy designation. As a matter of common sense, I judge that this aspect of policy should be given little weight. More up to date and realistic policy is contained in the adopted Strategic Plan, in which Jurby is designated as a "major employment area".

- 6.2.1 One of the aims of the plan is evidently to promote regeneration at Jurby. A previous proposal for an industrial unit on this site was approved (evidently in about 2005). Other industrial development has been permitted and at least partly built close by" (paragraphs 9 and 10 of his report).
- 6.2.2 He goes on to recommend approval of the application which was permitted by COMIN on 2nd August, 2010.
- 6.3 The Planning Inspector for application 12/00015/B also comments that he does not disagree with the assessment by the previously Inspector in terms of the land use.
- 6.4 For these reasons, it is considered the principle of the development is acceptable. Potential impact upon the street scene

6.5 The units have been designed as functional but with some architectural interest with different uses of coloured panels and different material used and the development would be compatible in visual terms with the visual amenities of the site and the street scene which has an industrial character. Overall, it is considered an arrangement of units as shown and their size, design and finish would be appropriate for the site, and would not unduly affect the visual amenities of the street scene. Parking provision/highway safety - 6.6 This application provides 22 parking spaces of its own. The previous refused scheme did not include any parking, so this application proposes to overcome this concern. - 6.7 The current application being four light industrial units with a total floor area of 640sqm require a total of 21 spaces for light industrial units (i.e. 1 space per 30sqm light industrial) as outlined within the IOM Strategic Plan Parking Standards. Therefore this proposal has an over provision of one space and therefore complies with the parking standards. Fire Provision

6.10 Initially with the previous application there were concerns that there was insufficient water/water pressure in this area to provide adequate fire water coverage for the site/area. Accordingly, the applicant proposes a 9000 gallon underground water tank which is connect to the surface water system in the area to keep it filled. This could be used for a number of emergency fire engines to refill should they need when dealing with any emergency either on this site or in the northern part of the Island. Accordingly, this aspect would be beneficial to the site/area in the short term. Wildlife implications. - 6.11 A condition could be attached as suggested for the translocation of grassland form the site to nearby land. This would address the issues raised by the Biodiversity Officer (DEFA). - 6.12 The applicants have no objection to such a condition commenting: "Our Landscape Consultant Jane Prescott is involved in these discussions with DEFA and is aware of their interest in the grasslands. There should be no issue lifting the turf to the site of the proposed units and to the area of the fire tank, however the issue may be whether there is a sufficiently large area to trans locate the turf to within the Industrial Estate. I note your inclusion of the words "if any" which is a sensible approach. Jane Prescott has identified some areas where improvements could be made within the Industrial Estate, so I will try and get her to document these and discuss with DEFA. The Clause therefore should not cause DoI any major issues provided there is some latitude that we may not be able to translocate all the turf. Jane has suggested that any remaining turf could be made available for use on other sites by agreement."

## - 7.0 CONCLUSION

7.1 For the reasons outlined above it is considered that the proposal would comply with General Policy 2, Community Policy 10 & Transport Policy 7 of the Isle of Man Strategic Plan 2016 and it is therefore recommended that the planning application be approved. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
- (d) Highway Services Division of Department of Infrastructure and
- (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine:

- whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

8.3 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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 14.11.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

## 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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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/29300-michael-factory-units-paddocks-jurby-parking/documents/1044327*
