**Document:** APL Planning Statement
**Application:** 24/00548/LAW — Certificate of Lawful Use for the running of an operational centre and workshop
**Decision:** Certificate of Lawful Use/Devel Approved
**Decision Date:** 2024-07-19
**Parish:** Michael
**Document Type:** report / planning_statement
**Source:** https://planningportal.im/a/32550-jurby-ballasalla-farm/documents/1064870

---

# APL Planning Statement

Paul Carey & Sons Ltd Ballasalla Farm Jurby

| |
|---|

Certificate of Lawful Use Application

(Rev D).

Thursday 4th April 2024.

![An aerial satellite view showing a rural site with buildings and storage areas adjacent to agricultural fields and the A10 Coast Road.](https://images.planningportal.im/2024/05/7037278.jpg)

##### Department of Environment Food Agriculture

###### Planning and Building Control Planning Regularisation of Operating Centre Certificates of Lawful Use, Good Vehicles.

###### PCS are asked to demonstrate the following CLU requirements.

###### What type of information is required?

- (i) For existing use you should provide:

- • A full description of the operation, use or activity providing a complete definition, (for example, a description might include the type of commercial activity, the number of vehicles used/store/associated with the activity)
- • A plan on an Ordnance Survey base showing the site outlined in red
- • A scaled plan defining areas having different uses within the building (e. g. storage, parking etc);
- • Details of any operational practices (e. g. business operation);

- (ii) To substantiate a claim sufficient information/ evidence will need to be supplied, such as the following;

- • any information concerning commercial rates, or from the rates or other records;
- • invoices/ bills or receipts from services such as water, electricity, gas or telecom, confirming business name and address;
- • personal testimonies or sworn affidavits of owners or witnesses who have known the premises or business for more than or within the last 10 years;
- • photographs which can be dated;
- • factual historical information and evidence that confirms when the use or development commenced and its continuation through the relevant period over the last 10 years.

The evidence needs to be clear and unambiguous and set out the following;

- • what the use is;
- • the associated parking area;
- • number and type of vehicles;
- • any associated buildings on the site and
- • any other details of the operation that will support the application.

Information should be relevant to the CLU and if extensive, should be properly organised and indexed.

###### Certificate of Lawful Use (CLU) - Application

Paul Careys and Sons Limited, of Ballasalla Farm, Jurby West, IM7 3AD, are formally applying for a Certificate of Lawful Use (CLU), under The Town & Country Planning Act 1999.

The Town & Country Planning (Certificates of Lawful Use or Development) Regulations 2005

– As amended. Under the above 1999 Act and 2005 Regulations. Paul Carey & Sons Ltd (PCS Ltd), wish to continue operating (as we have done so for the past 25 years) from the above registered address as an :“OperationalCentre,storage, parkingandWorkshop”(Incorporating):-

- • Civil Engineering-Contractor.
- • Plant Hire.
- • Haulage/Transport.
- • WorkshopFacilities.
- • Business Operations.
- • Storageand Parking of our HGV’s.

CLU – Question :-

(i) “Providea full description of the operation, use or activity providing a complete definition, (for example, a description might include the type of commercial activity, the number of vehiclesused/store/associated with the activity)?.”

PCS – Answer:Below is a full description of the PCS operation/s

###### Business Overview - About Us:-

We are based at Ballasalla Farm, Jurby, and over the last two and a half decades the Company has evolved from a small sole trader with one man and a machine into one of the Islands “Leading Civil EngineeringContractors,” that has firmly established itself as a diverse, dynamic, multi-disciplinary civil engineering company with an enviable reputation and ethos of social responsibility.

We now undertake and oversee a large portfolio of works including numerous Government Capital Projects for various Divisions including:-

- • Department of Infrastructure - Pulrose Bridge Replacement, Peel East Quay Rehabilitation.

- • Manx Utilities - Replacing critical water and sewerage assets & infrastructure.

- • DEFA – River Rehabilitation & Flood Risk Management.

More recently we have been providing Civil Engineering support and expertise to Eric Wright Water (Part of the Eric Wright Group) from Bamber Bridge, Preston in the UK, They have been appointed by Manx Utilities as Principal Contractor to deliver a number of high value and strategically important projects, that form part of the “Regional Sewage Treatment Strategy Phase 2”(RSTS Ph2), this includes a new Waste Water Treatment Works & Transmission Main in Peel, which once completed will provide first time sewage treatment to this historic coastal town.

Paul Careys and Sons (PCS) has also established itself as one of the key service providers for labour, wagon & plant hire, to some of the Islands largest and best known building companies and contractors, such as:-

- • Heritage Homes.

- • Hartford Homes.

- • Haven Homes.

- • JCK.

- • CCJ.

- • Auldyn.

- • IDG.

Paul Carey & Sons Limited, (PCS) was originally started by Paul apx 25 years ago, and remains a private family business. whilst still under Pauls sole ownership, the daily activities are predominantly overseen by one of his son’s Aaron Carey, in his capacity as Projects Director.

Over the years the business has been developed by a passionate and loyal local team, who care about the community in which we live and operate and who are driven by positive outcomes.

We currently employ over 50 staff, all of whom live and contribute to our local Manx economy. Stability and longevity are at the core of our business philosophy, which we strive to achieve for the benefit of our staff, and local community.

We continually seek to invest in our business (employees and environment) ensuring that we are keeping pace with evolving technologies and processes, and the local community significantly benefits, through direct support, sponsorship, and charitable donations.

###### Workshop – Plant Maintenance

Over the years the facilities have been developed to enable the company workshop to undertake all routine maintenance and repairs on our own vehicles, this covers everything from plant, machinery and equipment, including our wagons, 360 tracked machines, dump trucks and trailers etc….

Over the years the company has invested considerably in high-specification equipment, including commercial vehicle lifts, diagnostics (suitable for our plant and machinery), and associated ancillary equipment all of which has been incorporated into our facilities here at Jurby.

- As a business we are continually striving to provide cost effective training and maintenance solutions to meet the manufacturers requirements by embracing the latest technologies.

The current set up provides us with an efficient maintenance solution for the specialist plant, equipment and machinery that the company owns and operates.

Our modern fleet of vehicles, are extremely complex pieces of equipment, that can cost substantial amounts of money to procure (Circ £200k), they are usually fitted with the latest technologies, and as such require specialist in house maintenance, that can only be undertaken by our own highly skilled and qualified mechanical & electrical engineers, all of whom we’ve had trained and are certified to the highest standards to work on makes like Hitachi, Scania, Thwaites, CAT, Bomag and Volvo.

###### Haulage & Transport

With our diverse fleet of modern Scania lorries we supply aggregates, topsoil, and various recycled products. We also move plant equipment on our dedicated rear steer step frame low loader anywhere on the island.

We also cater for muck awayrequirements with a network of third party registered resources as well as our own recycling facility in Andreas.

| |
|---|

CLU – Question:- “How manyvehicles are owned and operated?” PCS - Answer:We own and operate:-

- • 7 x Scania Tipper wagons.
- • 1 x Scania Hiab wagon.
- • 1 x Scania Artic wagon.
- • 1x 7.5t Tipper
- • 1 x7.5t Flatbed

All these vehicles operate out of Ballasalla Farm and typically leave the yard at 07:30 Monday to Saturday and return by 5pm most evenings.

CLU – Question:- “How many vehicles are used/stored/associated with the workactivities?” PCS – Answer:The following commercial vehicles are used/stored/associated with our daily work activities:-

- • 11 x HGV Vehicles.
- • 4 x Trailers.
- • 1 x Workshop Vans.
- • 7 x Employee’s personal vehicles.

| |
|---|

![photograph from page 6](https://images.planningportal.im/2024/05/7037286.jpg)

###### Plant Hire.

![photograph from page 7](https://images.planningportal.im/2024/05/7037289.jpg)

- At PCS we undertake large or small contracts, including bulk earth moving, land restoration, lake construction, DoI quarry works, site clearance and demolition.

We aim to provide our client with a personal approach from site and management personnel, backed up inhouse by our professional team whom continually oversee our I.T network and vehicle tracking systems, all of which help us achieve a “Right First Time Approach”.

We operate a modern fleet, all of which are inspected, maintained and serviced regardless of cost by our qualified in house mechanics and technicians.

The haulage part of the business compliments the plant hire by giving us an established network for delivery or removal of materials, and machinery on/off site, so we can supply our clients with their goods and materials at short notice, enabling them to stay on programme with their ever demanding schedules.

We own and operate a wide range of plant:-

- • Tipper wagons.

- • 360-degree tracked excavators.

- • Wheeled diggers.

- • Dozers.

- • Dumpers.

- • Dump trucks.

- • Rollers.

- • Crushers.

- • Graders.

- • Tractors.

- • Trailers.

| |
|---|

###### The benefits our company brings to the local economy

Our employees invest and spend their wages locally (on Mortgages, Rents, Utilities, etc).. We have previously engaged specialist OffIslandpersonnel from the UK and Ireland, who are then contributing to IOM tax and NI as well as the local retail economy.

As a business we are constantly reviewing our training requirements and use local providers such as Logistic Training, and Safety Management Services, SMS are also engaged as our Independent Health, Safety & Environmental Consultants.

All are personnel are highly trained in their particular field of expertise, with special focus on Safety, Health, Environment and Quality (SHEQ), Plant Maintenance and Management.

PCS are continually investing in new and updated technologies to enable us to carry out our tasks and improve on our efficiencies. This has allowed us to carry out a number of high profile government capital projects by ourselves.

As a local company, we proactively aim to undertake as many aspects of our projects ourselves or through the use of local labour, without the need to engage (and rely) on contractors and equipment from off island companies. this was particularly advantageous during the COVID pandemic (and the restrictions on the supply lines that followed).

We buy everything from fuel to paint locally; only the items that we cannot source on island in respect to availability or time; are procured off island. We also endeavour to purchase as many of our materials as possible through a variety of the local merchants and suppliers. we also use local transport and shipping companies to cover our logistic requirements.

As previously mentioned we operate our own workshop from these premises, which engages 4 full time fitters, and we try to procure the bulk of our vehicles and small plant (including parts) locally.

Environmentally, Paul Carey & Sons Ltd own’s and operates its own licenced recycling facility in Andreas, this has been an invaluable resource now that there’s a greater focus on the use of recycled aggregates.

PCS are committed to supporting local charities and clubs, we have sponsored Ramsey Football Clubs first team for 17 years, as well as Ballaugh Bowling Team and Sulby Badminton Club. Each year, we sponsor various events such as charity boxing matches and McMillan Cancer Fund raisers We are currently sponsoring the Queens Pier Restoration Trust through a number of means.

We have also sponsored or made donations to several school projects, The Salvation Army, The Food Bank and Manx Breast Cancer Support to name but a few.

As a business PCS spends millions of pounds locally each year, through wages or by using local suppliers and contractors.

## “We thinklocal, buy local, are local“

###### CLU – Question:- “Provideaplan on an Ordnance Survey base showing the site outlined in red.”

![A site plan map showing the boundaries of Ballacalla Farm, with the proposed operating centre area highlighted in red hatching against the property boundary.](https://images.planningportal.im/2024/05/7037292.png)

PCS – Answer:Please see the Ordnance Survey based plan below and also A3 attachment – Appendix A

###### CLU – Question :- “Please provide ascaled plan defining areas having different uses within the building (e. g. storage, parking etc);”

![A site plan illustrating the boundaries of Ballasalla Farm, highlighting areas for a workshop, storage, and employee parking within a red hatched zone.](https://images.planningportal.im/2024/05/7037295.png)

PCS- Answer:The plan below shows the defined areas with different use (storage, parking etc…)

| |
|---|

CLU – Question :- “Details of any operational practices (e. g. business operation);” PCS – Answer:Below are details of PCS Operational Practices (Business Operations), these have been broken down into the six main categories, all of which are undertaken from our Operations Hubat Ballasalla Farm – Jurby.

- 1. Contract Management. A contract is a formal agreement for work to be performed “The two contracting parties to a Civil Engineering project are usually referred to as the Employer (financing the work) and the Contractor- PCS (delivering the project). There are various standard “forms” (models) of contract specifically developed for our line of Civil Engineering works, which seek to balance the inherent delivery risks between the parties, including any unforeseen changes that frequently occur. All of these activities and associated roles and responsibilities are undertaken in house by our Commercial Manager & Cost Consultant.

- • Tendering for jobs.

- • Submitting valuations.

- • Reviewing costs and invoices.

- • Using cloud based management tools – CEMAR.

- • Reviewing contracts.

- • Contracts require active management to be effective.

- • Identifying and addressing issues promptly.

- • Fostering appropriate levels of communication, openness, trust and commitment between the contracting parties.

- • Keeping and maintaining accurate work records.

- 2. Project Management.

Our Project Management Team at Ballasalla Farm oversees the processes & methods, through knowledge, skills and experience that are required to achieve project objectives. It typically involves an in depth understanding of the Clients Scope, and continual management, of the key factors :- E.g. Health, Safety, Time (Programme), Cost and Quality, Performance and Environmental interests.

Planning and monitoring, Including Progress Meetings which are frequently held at our offices at Ballasalla Farm, are critical elements that our Project Managers, Engineers, Cost Consultants and Senior Management Team are required to undertake . The interdependencies of these people and tasks determine a “critical path” to allow us to sequence our resources and activities through to completion.

Our Project Management approach embraces a range of skills, often referred to as the “4Ps”

- • Planning (initiating the business case and scope, and estimating timings and costs);

- • Process (communication, monitoring and control procedures).

- • People (team formation and ensuring the availability of the right people with the appropriate competencies).

- • Power (the lines of authority within the organisation, and policies for decisions and their implementation).

- 3. Programme Management. The managing of our organisation’s Tender and Construction Phase Programmes are overseen and managed at our office (Ballasalla Farm) by our Projects Team This enables us to:-

- • Prioritise and control our projects and programs to meet ours and the client’s needs and objectives.

- • Gives us the capacity to deliver our projects on time and to budget.

- • To manage several projects simultaneously.

- • overseeing change management activities as a “Team”

- • Achieve beneficial change.

- • Have co-ordinated management of our projects and programmes – Deliverables.

- 4. Asset (Plant) Management.

Our assets include the infrastructure from which we operate to the provision of services that we provide – Eg:- Plant Haulage, Machinery, Tools, and Personnel, all are overseen and managed by PCS employees based at Ballasalla Farm – (Not limited to) but including our Workshop, Transport Managers, Assets Staff, our Contracts Manager and Paul and Aaron Carey.

- • Our Asset Management deals with the holistic consideration of each assets over its whole lifetime.

- • It covers their management from procurement, commissioning, maintenance, operation and eventual disposal.

- • Effective asset management ensures that the aims of PCS are best met.

- • Managing often conflicting requirements, such as cost and service levels, have to be appropriately balanced.

- • The provision, operation, maintenance and upgrading of our assets.

- • Prioritisation of expenditure:

- • It also allows the comparison of options and takes into account the risks.

- 5. Risk Management. Our “risk” is a measure of both the Probability v Likelihood, It is a reflection of the uncertainty – often related to the absence of information, understanding, or knowledge - of a future event, and any consequences = Risk Mitigation.

- • We undertake all Risk Management through, assessment (and mitigation).

- • All our risk management whether it be for Safety, Health, Environmental, Quality is carried in house by our Contracts/Health & Safety Manager.

What experience has shown us, is that it’s never usually just one thing that leads to an incident, instead it tends to be a culmination of events/shortfalls, therefore we aim to control & manage the Health & Safety of our staff and subcontractors, (and those who may be effected by our works) through the implementation of our Health and Safety Management Systems and adopting a “Plan–Do–Check-Act”(PDCA) approach.

- 6. Cost Management & Accounting

Our activities as one of the Islands leading Civil Engineering Contractor involver significant costs (Income/Outgoings), these require active management from our four accounting staff.

This includes:-

- • Process for capturing and allocating cost.

- • Governance processes and structure are also required to control and authorise procurement, expenditure and resource management.

- • Effective cost management requires robust change management process to facilitate cost control and cost forecasting / budgeting.

![drawing from page 13](https://images.planningportal.im/2024/05/7037299.jpg)

- • Managing the out-turn cost on a project by project basis.

- • Have agreed risk mitigation processes in place.

- • Employee wages, Holidays, Sick Pay.

- • Tax and NI contributions .

###### CLU – Question :- “To substantiate a claim sufficient information/ evidence will need to be supplied, such as any information concerning commercial rates, or from therates or other records.”

PCS – Answer:To substantiate our claim, we have included copies of Historic Invoices for the following years :-

- • 2005, 2013, 2014, 2015, 2018, 2019, 2020, 2021, 2022, 2023. – Please see attachments. Appendix B

- • A letter from our Insurance company has been included showing the policy number/s and confirming that the workshop at Ballasalla Farm Jurby West has been covered since 2005. Appendix C

- • Copies of the Insurance schedules for 2008 are attached. Appendix C

###### CLU – Question :- “To substantiate a claim sufficient information/ evidence will need to be supplied, such as the following:-invoices/ bills or receipts from services such as water, electricity, gas or telecom, confirming business nameand address;”

PCS – Answer:Invoices/ bills or receipts from services such as water, electricity, gas or telecom, confirming business name and address.

- • A letter from our Insurance company showing the policy numbers and confirming that the workshop at Ballasalla Farm Jurby West has been covered since 2005.

- • Copies of the Insurance schedules for 2008. – Appendix C

- • Copies of Historic Invoices from MUA. - Appendix B

###### CLU – Question :- “Evidence will need to be supplied, such as the followingpersonal testimonies or sworn affidavits of owners or witnesses who have known the premises or business formore than or within the last 10 years;”

![photograph from page 15](https://images.planningportal.im/2024/05/7037303.jpg)

PCS – Answer:Personal testimonies or sworn affidavits of owners or witnesses who have known the premises or business for more than or within the last 10 years; Please find attached sworn affidavits from the following previous employees:-

- • Jonathan James Kelly. Appendix D

- • Dollan Faragher.
- • Ben Cox
- • Also attached is a copy of a Tribunal Notice – Case No 1066 - Issued by Manx Industrial Relations Dated 2nd August 2007 - Re Robert W Faragher v Paul Carey & Sons Ltd. Appendix D

CLU – Question :- “Photographs which can be dated” PCS – Answer:Please see dated photographs taken from Facebook.

Ballasalla Farm – Jurby – 2013.

| |
|---|

Ballasalla Farm - Jurby – 2014.

| |
|---|

Ballasalla Farm – Jurby – 2018.

| |
|---|

![photograph from page 16](https://images.planningportal.im/2024/05/7037306.jpg)

![drawing from page 16](https://images.planningportal.im/2024/05/7037308.jpg)

Ballasalla Farm- Jurby – 2019.

| |
|---|

Ballasalla Farm – Jurby – 2022.

![A panoramic photograph of an industrial yard or plant hire site featuring numerous orange excavators and trucks parked on a gravel surface in front of a large green warehouse shed.](https://images.planningportal.im/2024/05/7037311.jpg)

###### CLU – Question :- Provide factual historical information and evidence that confirms when the use or development commenced and its continuation through the relevant period over the last 10 years.

PCS – Answer:-

- • Insurance Letter attached.
- • Copies of historic delivery Notes and Invoices
- • Letters from:- Snap On, Manx Petroleum’s, Motorworld and Keigs Agricultural Supplies confirming that they have been supplying Paul Carey & Sons Ltd for years (going back as far as 2001) – Appendix E

CLU – Question Wagon Maintenance. PCS - Answer:The company takes the maintenance of its plant very seriously and believe that it is of upmost importance for the safe and efficient operation of our fleet. We currently run 4 weekly service intervals on all our vehicles, which is above industry standard. In addition to this we must make suitable and sufficient allowances in the daily works programme for unscheduled work, i.e., mechanical breakdowns. We believe it is essential to maintain the sustainable growth of our business, and to provide the necessary support and training to all our staff, ensuring that we employ professional competent people. This helps us to meet the requirements of our business and assist in the efficient running of our plant and fleet of vehicles.

This helps ensure: -

- • Compliance.
- • A cohesive management approach.
- • Resource availability & programming.
- • Parts procurement

- • Defect management.
- • Reduced carbon footprints.
- • Simplifying fleet and plant maintenance.
- • Streamlining of the parts procurement process.
- • Reduces costly breakdowns.
- • Optimisation of plant and labour.

CLU – Question:- Any there any other associated buildings on site. PCS – Answer:We have our main workshop facility on the site, which also accommodates the office and staff, the facilities including toilets, storeroom/s & canteen.

#### PCS - Additional Supporting Information

Paul Carey and Sons operate a very successful family business from these facilities. Despite the recent uncertain economic conditions that have been brought on globally by the Covid-19 epidemic and the war in Ukraine, we have continued to invest in our business, staff, plant, equipment, and the local community. Furthermore, it can be demonstrated that PCS bring fundamental benefits to the IoM Economy :-

- • By Supporting sustainable growth and expansion of local businesses and enterprises.
- • By providing jobs for the local community , we’re helping to reduce the reliance on commuting and support a more sustainable way of living.
- • The IoM Government Motto of “Freedom to Flourish” seeks to support the viability of existing local businesses and their expansion.
- • Strong and sustainable rural companies (like PCS) play a pivotal and important role in underpinning the Manx Economy.

- • Supporting the expansion of local rural businesses has additional growth potential for our community.

We also believe that Paul Carey & Sons Ltd bring fundamental benefits to the IoM and the 2016 IoM Government Strategic Plan.

- • Bycontribute towards reducing energy consumption by encouraging more efficient use of energy through conservation, recycling, and waste reduction.
- • By developingourexistingsettlement/ facility, thus making the optimum use of existing infrastructure and services.

- • Byembracingthe principles of Sustainable Development i.e., development that meets the needs of the present without compromising the ability of future generations to meet their own needs.
- • By reducingthe need for travel, especially by private car, and to make the best use ofexisting infrastructure.

###### Economically.

- • We aim tomaintain and improve the viability, vitality, and diversity of the economy by enabling improved employment opportunities.
- • To ensure that sufficient land and property in terms of location, size and type is available for employment purposes.
- • To safeguard and provide for the needs of existing and new location-dependent businesses.

In Conclusion

By developing a broad and diverse business base, Paul Carey and Sons Ltd have, and are continuing to support local & rural businesses around the island, through the creation of new employment opportunities, increased development, resulting in local sustained economic growth.

### “Wearelocal company with a global responsibility” ….

---

*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/32550-jurby-ballasalla-farm/documents/1064870*