**Document:** APP Planning Statement **Application:** 18/01084/B — Installation of a roller shutter door to side elevation of building and installation of gates within boundary fence **Decision:** Permitted **Decision Date:** 2019-03-01 **Parish:** Braddan **Document Type:** report / planning_statement **Source:** https://planningportal.im/a/29767-braddan-and-builders-merchant-installation-doors/documents/1048277 --- # APP Planning Statement ## Department of Environment, Food and Agriculture Rheynn Chymmyltaght, Bee as Eirinys **Isle of Man** **Government** Please reply to the signatory **Our Ref:** 18/01084/B **Mr. A. Johnstone,** Planning Appeals Secretary, Cabinet Office, Government Offices, Buck's Road, Douglas, IM1 3PN. **Tel:** (01624) 685910 **Fax:** (01624) 686443 **Email:** thomas.o'connor@gov.im **Jennifer Chance MRTPI** Director of Planning & Building Control 29th March 2019 Dear Mr Johnstone **PA No:** 18/01084/B **Proposal:** Installation of a roller shutter door to side elevation of building and installation of gates within boundary fence **Address:** Unit 9 And Builders Merchant Yard Hills Meadow Industrial Estate Douglas Isle Of Man Please find a statement that sets out the position of the Department in respect of the above planning application. The statement comprises five parts: 1. A copy of the Appeal Statement formed from the Officer's Report, including assessment of the proposal and recommendation that the application be **Permitted**, which was considered and accepted by the Head of Development Management and the application was **Permitted**. 2. A decision notice for this planning application; 3. Photographs of the site 4. Email correspondence dated 07/11/2018 & 19/12/2018 from a business owner and occupier of a neighbouring site in Hills Meadow Industrial Estate; 5. A copy of the Highway Services comments on this application dated 04.12.2018 and their further email dated 26/03/2019 in respect of this appeal. An adjoining neighbour does not agree with the decision to approve this application and has therefore requested an appeal hearing in respect of the decision. Yours sincerely, Mr Thomas O'Connor Senior Planning Officer Department of Environment, Food and Agriculture, Planning & Building Control, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email planning@gov.im. Tel 01624 685950 ## Statement Of The ### Department of Environment Food and Agriculture #### Planning & Building Control Directorate **Planning statement on behalf of the Department relative to:** **Installation of a roller shutter door to side elevation of building and installation of gates within boundary fence** **Unit 9 And Builders Merchant Yard** **Hills Meadow Industrial Estate** **Douglas** **Isle Of Man** **PA Reference 18/01084/B** **Prepared on behalf of the Planning Authority by Senior Planning Officer Mr Thomas O'Connor** Department of Environment Food and Agriculture, Planning & Building Control, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email planning@gov.im. Tel 01624 685950 ### 1.0 THE APPLICATION SITE 1.1 This site consists of an existing commercial building (Unit 9) constructed of a box profile steel sheeting with a plastic coating of light blue and existing roller shutter door on the gable facing onto the estate road of Hills Meadow estate. Dimension of this building are with an overall height of 6.4 m to the ridge of the shallow pitched composite roof, 5.5 m to the eaves. 1.2 The boundary fence is a mixed construction partly of timber and metal sheeting 2.4 m high. 1.3 Though part of the overall curtilage of the Qualtrough Builders Yard, the building adjoins other similar commercial \& industrial units within The Hills Meadow Industrial Estate and, is separated from the main part of Qualtrough Builders Yard by the 2.5 m high timber and galvanized metal fence. As such the building is orientated, in terms of vehicular access towards the internal road serving the Hills Meadow Industrial Estate. ## 2.0 The Proposal 2.1 This application seeks to incorporate the building into the operation of the main builder's yard and, in this respect has two main elements; - The installation of a 4 m deep by 3.6 m wide metal roller shutter door and ramp within the east elevation of the building facing into the builders yard, and; - The formation of a double gated access to the yard through the metal and timber fence separating the yard from the road through the Hills Meadow Industrial Estate. Either timber of sheet metal gates would be used but not yet specified. Dimensions of the gate would be 2.4 m high to match the height of the fence and 4.9 m in width. #### 3.0 Planning History 3.1 05/00169/B - Permitted; Use of a former coal yard as a builders merchants premises and the erection of an associated storage shad and sales office building. ### 4.0 PLANNING POLICY 4.1 Douglas Local Plan Orders 1998 - Allocated on Map 2 as Light Industrial. ### 4.2 The Isle of Man Strategic Local Plan 2016 4.3 Strategic Policy 1: Development should make the best use of resources by: - (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; - (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and - (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.4 Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. Of this document 4.6 General Policy 1: The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations. In this way, development will be directed towards suitable or preferred locations and away from unsuitable or undesirable locations. 4.7 General Policy 2: 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. 4.8 Environment Policy 10: Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4. 4.9 Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted. ### 5.0 REPRESENTATIONS 5.1 Highway Services: Letter received 04/12/2018. The proposed gates would be erected within the site and away from the public highway. The new gates and roller shutter door should not create any new highway issues or change the existing level of site parking. Highway Services does not oppose the application. Further comments received by email from Highway Services, dated 26th March 2019 reiterate their original response. 5.2 Douglas Borough Council: Letter received 23/11/1018. No Objections 5.3 Neighbours; Two emails received from a neighbouring property owner and business dated 07/11/2018 and 19/12/2018. In summary, issues raised are: - Additional traffic using the proposed gate would cause vehicular congestion along the estate road; - There is a surface water drainage issue within the estate; - Any blocking of the water flow needs to be avoided by the proposed gate. ### 6.0 ASSESSMENT 6.1 This application seeks to provide for a physical link between the commercial building located on eastern-most edge of the Meadow Hill Estate and acquired some years ago by the builder's merchant business. At present, though indicated on the Block Plan submitted as being located within the red line area of the builder's yard, this building is physically separated from the builder's yard opening up directly onto Meadow Hill with no internal link to this yard. This application seeks to provide this by positioning a roller shutter door on the (eastern) side of the building directly into the yard and; the provision of a 4.9 m wide double gate into the yard from the industrial estate through the existing 2.4 m high timber sleeper and metal boundary fence. 6.2 Highways Services have raised no objections to either the internal roller shutter door which is located within the site and away from the highway or the formation of a new gate as proposed. However, they do advise that the external facing gates be set back within the site and away from the public highways edge and, presumably be inward opening to avoid any infringement onto the highway, As such, they do not oppose this application, Details of the gate in terms of its position in the site, requiring it to be inward opening and set back from the highway edge sufficient to avoid obstruction of the highway and details of design, materials and finishes can be made subject to a planning condition. 6.3 No issues have been raised by Highway Services in respect of the proposed entrance in its use by heavy goods vehicles generating sufficient traffic to the extent that it would cause traffic congestion within the estate road which is, incidentally, a right of way for this type of traffic. 6.4 Issues have been raised by an occupant and owner of the adjoining Hills Meadow Industrial Estate in respect of issues of historic drainage and flooding on this site and parts of the industrial estate as a whole. He raises concerns that existing drainage and flooding issues may be exacerbated by the location of the gate in place of the mainly timber sleeper fence it would replace. 6.5 The site and its surrounding within the Hill Meadow Industrial Estate are indicated as being within a High Risk of Fluvial and Tidal flooding within the Manx Utilities Document and Plans produced in November 2017, and, as such, a level of flooding is inherent and of historic long standing within this and the surrounding commercial areas. As commercial and industrial sites, it is accepted that these sites have a high level of resilience to flooding such as this which will periodically affect all properties. As a replacement barrier in situ, the proposed gates would have no adverse impact upon flooding events in this already high flood risk area. 6.6 Environment Policy 10 of the Isle of Man Strategic Plan 2016 states that where development is proposed on any site where there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission subject to criteria and requirements set out in Appendix 4. 6.7 Given that the site and its surroundings are shown as historically subject to high risk of both fluvial and tidal flooding on the Manx Utilities' Document and maps of 2017 consideration needs to be given to the possible requirement of a Flood Risk Assessment. Other than the replacement of a timber wall with a gate and an additional entrance from the building into the site interior there is no additional built development proposed of the type or extent that would result in any additional displacement of flood waters when flooding occurs. As such the proposal would have a neutral impact upon the flood risk currently experienced within the yard and the neighbouring industrial estate. Given this, a further flood risk assessment would not therefore be required for this development. ### 7.0 CONCLUSION 7.1 The proposal would remain as Light Industrial in an area indicated for this use in Map 2 of the Douglas Local Plan Order 1998; be located primarily within our existing towns and villages in accordance with Strategic Policy 2 of the Isle of Man Strategic Plan 2016 and comply with General Policy 2 of the Isle of Man Strategic Plan 2016 being a development that is in accordance with the land-use zoning and proposals in the appropriate Area Plan in that it is - Identified in the design brief in the Area Plan where there is such a brief; - Respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; - Does not affect adversely the amenity of local residents or the character of the locality; - Does not have an unacceptable effect on road safety or traffic flows on the local highways; - Does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; 7.2 Given the location of the site within an existing fluvial and tidal flood risk area where no additional buildings are proposed, the development is likely to have a neutral impact upon the flood risk and, as such, under Policy no formal Flood Risk Assessment would be required under Policy 10 of the Isle of Man Strategic Plan 2016. 7.3 The gates would provide for additional access to the builders yard that would serve to improve the function of the the builders yard site without detriment to the function and operation of the highway network or the functional operation of the adjoining Hills Meadow Industrial Estate. In addition, being an existing commercial yard located within a historic area of High Flood Risk, the proposal would have a neutral impact upon the flood risk within the locality. ### 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 - whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. The conditions and notes (if any) related to the Department's original approval 29 March 2019 18/01084/B C1 The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C2 No development shall commence until details of the design of the external gate to be constructed onto Hills Meadow Industrial Estate including materials to be used in its construction, and external finishes 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. C3 The access hereby approved shall be set back from the highway sufficient to avoid impeding traffic and employ gates that open inward onto the site. The surface of the access measured back from the carriageway shall be properly consolidated/surfaced (not loose stone or gravel) Reason: In the interests of highway safety. From: O'Connor, Tom Sent: 26 March 2019 16:02 To: DEFA, Planning Subject: FW: PLANNING APPEAL FOR 18/01084/B Can you add this to the file for 18/01084/B. Can you add this highways response to the information on this application Rgds Tom OC From: Barry, Maria Sent: 26 March 2019 10:51 To: Johnstone, Andy (CSO) Cc: vbyjctj001777263000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 Subject: PLANNING APPEAL FOR 18/01084/B Hi Andy The original highway response to the planning application dated 4/12/18 on the Planning website remains unchanged for the proposed planning appeal for application 18/01084/B for Unit 9 and the Builders Merchant Yard, Hills Meadow Industrial Estate, Douglas. For information, the adopted highway limit of the site access road terminates in the vicinity of the five arm junction adjacent to the sub-station and garage prior to the car storage depot being reached (when travelling to the site from Peel Road). Highway Services do not intend to provide a written proof of evidence or attend any appeal hearing as no highway issues have been raised and Highway Services did not oppose the application. Regards Maria Barry Principal Engineer Dept of Infrastructure, Isle of Man Government Sea Terminal, Douglas Isle of Man IM1 2RF Tel: +44 (0)1624 Mob: +44 (0) email: maria.barry@gov.im website: www.gov.im/dol Please don't print unless you have to Kelly Lewthwaite Building Design 23 Market Street Douglas ## IM1 2PA ## TOWN AND COUNTRY PLANNING ACT 1999
The Town and Country Planning (Development Procedure)(No 2) Order 2013 In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by J Qualtrough \& Co Ltd, Ref 18/01084/B, for the Installation of a roller shutter door to side elevation of building and installation of gates within boundary fence at Unit 9 And Builders Merchant Yard Hills Meadow Industrial Estate Douglas Isle Of Man subject to compliance with the following condition(s) and notes (if any): 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. 2. No development shall commence until details of the design of the external gate to be constructed onto Hills Meadow Industrial Estate including materials to be used in its construction, and external finishes 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. 3. The access hereby approved shall be set back from the highway sufficient to avoid impeding traffic and employ gates that open inward onto the site. The surface of the access measured back from the carriageway shall be properly consolidated/surfaced (not loose stone or gravel) Reason: In the interests of highway safety. This decision relates to the following 1:1250 Location Plan - Drawing No.3; 1:500 Scale Block Plan - Drawing No. 4; Plans as Existing and Photographs, Drawing No. 1 \& Plan as Proposed with Photographs- Drawing No. 2 submitted in support of this application, dated stamped and received on 17th October 2018. Date of Issue: 1st March 2019 ## Director of Planning and Building Control Department of Environment, Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email planning@gov.im. Tel 01624 685950 ## Guidance Note This decision was made by the Head of Development Management in accordance with the authority delegated to them. All correspondence which led to the assessment and decision is available to view on the Government's website (via Online Services) or at the Department's offices Murray House, Mount Havelock, Douglas. https://www.gov.im/planningapplication/services/planning/search.iom This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013. Any appeal against this decision must be in accordance with the criteria set down in that instrument. Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain: - Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2016 (currently £175); - The reasons for making the appeal; and - An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation. An appeal form and guidance notes are available from either Planning \& Building Control, Tel 685950, or to download from the Department's website https://www.gov.im/categories/planning-and-building-control/planning-applications/planning-appeals/how-to-appeal/ If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice. ## Planning Application Response **Email:** Redacted **Officer:** ma **Date of Response:** 04/12/18 **Date of Application:** 26/10/18 **Application Reference:** 18/01084/B **Location:** Unit 9, Builders Merchant Yard, Hills Meadow Industrial Estate, Douglas **Description:** Installation of a roller shutter door to side elevation of building and installation of gates within boundary fence **Highway Comments:** The proposed gates would be erected within the site and away from the public highway. The new gates and roller shutter door should not create any new highway issues or change the existing level of site parking. Highway Services does not oppose the application. **Recommendation:** DNO **Department of Infrastructure** Sea Terminal Building, Douglas, Isle of Man, IM1 2RF ## Stewart, Helen ### Redacted 07 November 2018 16:40 DEFA, Planning application 1801084 Dear Sir/Madam, I was surprised to find out about this planning application, as there NO Planning application signs on display anywhere near the site in question. The gate in question, is in the wall of the old Coal board yard, and has been there from the 1950 's and would come onto a private road, part of which I own. John Quaitrough called me 5-6 months ago, to discuss the issue, and I expressed my concerns and said when he was to move forward we need to get together an discuss it. We have not spoken since. My main concern is that of congestion, the Hills Meadow Estate is working 100\% above capacity at the moment, it is madness to allow more heavy goods from another source i.e. Quaitroughs into that sector of the Estate. In Principle I do have a problem if he sticks to 'quote' 4 trailers a week, exiting his yard, but I would like to have an agreement, or a condition of planning in place to enforce this, and whilst he now owns no. 9 Hills Meadow, that gives him access to that property from the west. We have trailers and wagons coming in and out most of the day, and I have talking to several people about the problem, most recently Redacted from the DOI and also Redacted from the traffic dept. We would also like to check the detail of the gate, as the surface water problem we have in the meadow, needs to keep moving, and not blocked by a gate. I would like to get an officer from, planning down on site to talk to me, and see the problems first hand. Regards Peter Cain MD KCFoods Ltd From: Balmer, Chris Sent: 19 December 2018 10:31 To: Gore, Owen; DEFA, North Planning Enquiries Cc: Stewart, Helen; Foster, Dawn Subject: FW: planning application No.18/01084/B Importance: High Hi Owen, This is for one of your applications. Helen/Dawn - could you add to uniform please? Kind regards Chris ANY VIEWS EXPRESSED IN THIS EMAIL ARE THOSE OF THE OFFICER ONLY AND ARE WITHOUT PREJUDICE TO ANY FORMAL DECISION MADE UNDER THE PROVISIONS OF THE TOWN AND COUNTRY PLANNING ACT 1999 AND ANY RELEVANT SECONDARY LEGISLATION. PLEASE BE AWARE THAT SHOULD THE CONTENT OF THIS EMAIL BE MATERIALLY RELEVANT TO A PLANNING APPLICATION, ITS CONTENT MAY BE PUBLISHED AS DETAIL RELEVANT TO THE FORMAL ASSESSMENT OF THE APPLICATION. PUBLICATION WILL INCLUDE AVAILABILITY VIA ONLINE SERVICES. From: generalenquiries@kcfoods.im [mailto:generalenquiries@kcfoods.im] Sent: 18 December 2018 11:08 To: DEFA, North Planning Enquiries Subject: planning application No.18/01084/B Importance: High Dear Sir/Madam, Following on from my e mail of the 7/11/18, I am again asking for someone to come down and see me on site, I know Hills Meadow better than anybody having been in the Meadow longer than anyone else, since 1975, and I own 60% of that privately owned section of the Hills Meadow Estate. If the planning committee would have listened to me when No 9 Hills Meadow was built some 20 years ago, then the flood of 03/12/15 would have been no where near as bad as it was, because that site was the only means of exit from the Meadow for any excess surface water. I had asked that consideration be given to put ducting under that warehouse site, but no, and partially as a result of that decision, my insurance claim from the flood on 03/12/15 was not far short of £300,000.00, Whilst that was the first time, that the RIVER had been in the meadow since I believe 1968, surface water problems from the drains at the west end of the meadow, which lift the manholes quite frequently give extreme cause for concern. One manhole up alongside the old Peel Railway line, frequently blows it's lid and spews tens of thousands of gallons on the roadway, and on the 22/10/2002 it was not water, but 56 tonnes of crude oil from the Power Station, Isaac Newton brings it down to the Douglas end of the Meadow where it is trapped. When I spoke to John Qualtrough a few months ago with regard to this planning application, I asked him to clear away all the rubble that is lying between the sleeper wall and the side of No. 9 Hills Meadow, and to put a 10" or thereabouts drain down along side no 9 under the proposed ramp into the side off the building to let surface water at least get away from the roadway, the water will then find it's way into the trench that carries the drains that run down at the rear of No.9, down through the old boat field and into the river. because I am sure that his proposed gate in the sleeper wall into his yard will be watertight, and it will then create a dam, and the water will back up in the Meadow. Regards, Peter Cain MD KC Foods and P \& V Properties --- *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/29767-braddan-and-builders-merchant-installation-doors/documents/1048277*