**Document:** Planning Report and Recommendations **Application:** 08/02311/B — Erection of a block of five industrial starter units **Decision:** Permitted **Decision Date:** 2009-02-12 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/86733-braddan-land-at-kirby-farm-vicarage-block-five-industrial/documents/1537071 --- # Planning Report and Recommendations ## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations ### Written Representations ### Consultations ### Officer's Report #### The Site The application site is an area of land to the North of Vicarage Road, Braddan. The site currently accommodates a number of buildings which were approved initially for agricultural use, but subsequently a change of use from agricultural to light industrial has been approved. Access to the site is via an existing access onto Vicarage Road. ### Planning Status The current local plan that covers the application site is the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991, which was adopted by Tynwald on the 10th July 1991. This order is accompanied by and should be read in conjunction with a written statement (Planning Circular 6/91). Under this document the application site is within an area zoned as open space (agricultural). There are no policies within the written statement that specifically relate to the development of the application site. The existing local plan was in the process of being revised through the Braddan Parish Plan. A draft version of this document went to public inquiry and the report of the appointed Planning Inspector into that public inquiry was published. Under the draft version the application site is within an area that is specifically zoned for Industrial Development. Policy B/IND/PR/6 – KIRBY FARM states: "This site which is presently agricultural is considered suitable for use and development for light industrial purposes where use and development conforms with the permitted uses described in policies B/IND/P1 – P2 and where no industrial development will be permitted prior to the creation of a safe means of access to and egress from the site in accordance with the requirements of the Department of Transport Highways And Traffic Division. In addition, prior to the undertaking of any industrial development the site must be the subject of a landscaping master plan approved by the Department: such a plan must introduce hard and soft landscaping within and at the periphery of the site to improve the view of the site and its buildings from both within and outwith the site". The Department has subsequently decided not to proceed with the revised plan. ### Planning History The following planning applications are considered relevant in the assessment and determination of this application: - Change of use of part of Kirby Farm from agriculture to light industry storage and ware housing - 06/01170/C – APPROVED - Construction of an MEA sub-station and switch room - 06/00010/B – APPROVED - Construction of new internal roads to service farm buildings from new access on Vicarage Road - 05/92182/B – APPROVED - Creation of new farm entrance/access and driveway - 01/00946/B – APPROVED - Extension to agricultural building - 00/00796/B – APPROVED - Erection of agricultural building - 98/01445/B – APPROVED - Demolition of existing farm stores and erection of new steel frame agricultural building - 96/00946/B – APPROVED - Erection of agricultural building - 93/00671/B – APPROVED - Erection of agricultural building - 91/00242/B – APPROVED - Erection of a general purpose agricultural building - 84/01249/B – APPROVED ## Proposal The application seeks approval for the erection of a block of five industrial starter units. The block of units would have a total width of 50 metres, a depth of 20 metres and a ridge height of 8.8 metres. The units would be located to the western side of the existing industrial building, set behind a large earth mound which is on the eastern side of the ‘new access road’. ## Representations Braddan Parish Commissioners:- “No objection” Highways Division:- “No objection” The Manx Electricity Authority makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice. The owners/occupiers 40 Vicarage Park, Braddan, has objected to the proposal which can be summarised as; Traffic safety issues relating to large Lorries using such a narrow highway. The owners/occupiers 30 Vicarage Park, Braddan, has objected to the proposal which can be summarised as; Vicarage Road is already a busy road and additional vehicular traffic of large lorries should not be allowed to increase by allowing further industrial units; traffic safety issues; and pollution cause by mud on the road surface from the estate and exhaust emission and lorry noise is not acceptable in a residential area. The owners/occupiers 33 Ballaquark, Douglas, has objected to the proposal which can be summarised as; the site is zoned under the Braddan Plan as being an area of open space. Mr David Cretney MHK has written on behalf of his constituents who have objected to the proposal which can be summarised as; traffic movements particularly heavy vehicles; extend of development of this site, how much is considered appropriate given the history of the site; and concerns of signage. ## Assessment / Recommendation Due to the zoning of the site the following policies are relevant for consideration:- ### 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. ### Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan. Policy 2: Land for industrial development should be designated in all parts of the Island, having regard to: - (a) scale, which should be appropriate to the area; - (b) the availability of public transport links; - (c) the proximity of labour; and - (d) the availability of water, sewerage and other utilities Policy 5: On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either: - (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or - (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area. Material Planning Issues which need consideration:- - Principle of Development; - Highway Issues; and - Impact upon Residential Amenities ### Principle of Development The previous application 06/01170/C, which was approved at appeal, proposed to change of use of part of Kirby Farm from agriculture to light industry storage and ware housing. The application site indicated for the change of use included the site within this new submission, therefore giving permission for light industrial and ware housing. It is therefore concluded that in principle the erection of the light industrial units is acceptable on this site. ### Highway Issues The Appeal Inspector at the previous commented on the potential impact of traffic generated from the site he concluded:- > "I do not consider that the traffic generated from the site would have any adverse effect on Vicarage Road, which has been recently improved to provide a through route. Neither do I consider that the proposed activity would have any harmful effects on the residents to the south of the appeal site as the farm and road act as a barrier." The Inspector comment was based on seven light industrial units and this submission proposes five additional units. This will result in additional traffic generation to the site and surrounding road network. However, the Department of Transport Highway Division have considered this application and the potential impact of an increase in traffic generation to the road network but also the car parking spaces within the site, and have no objection. The access of the site from Vicarage Road and internal road network has been completed in accordance with the approved planning application 05/92182/B. Based on these facts it is considered the additional traffic created by the proposed five units would not have an adverse impact upon highway safety or upon the residential amenities of nearby properties due to the increase traffic generated. ### Impact upon Residential Amenities The site recently benefited from a number of significant earthworks, especially to the western boundary of the site. Additionally, directly to the southwest of the proposed units, a large mound has been created. Added to these earthworks and subsequent mounds which have been created, a landscaping scheme has also been implemented, with a number of trees being planted along the western boundary of the light industrial/storage complex. The new units would be very well screened when viewed from Vicarage Road, given the existing farm buildings to the east of the application site, the south-western boundary of Kirby Farm which consists of a Manx stone wall and a number of mature trees, and due to the recently completed earth works which would significant reduce the appearance of the units, even when driving along the new access road within the site. Again due to the existing buildings within the industrial / farm complex and the large mature trees along the north-eastern boundary, the new units would be well screened when viewing from the north and east of the site. The units would be of a standard design for light industrial units, constructed with steel portal frames, finished with dark green steel sheeting. The units would match those units which have already been erected within the industrial complex and therefore are considered appropriate. It is therefore considered the visual appearance of the units would have no adverse impact to the detriment of public or private amenities or upon the surrounding countryside. Dealing with the use of the units upon the nearby residential amenities, the previous Appeal Inspector has stated that:- > "It was agreed at the Inquiry that the operation could be constrained by limiting the hours to normal working hours, excluding night time operations. I considered that this is important in order to ameliorate the living conditions of the residents..." The Inspector goes on to state:- > "...From my experience, lighting can be a major environmental polluter and therefore, I recommend that all external lighting shall be the subject of further planning applications, so the effects can be limited to within the site and not allow spill of light into the surrounding countryside." It is considered similar conditions could be attached to any given approval to prevent adverse affects upon the appearance of the countryside or upon public or private amenities. ## Recommendation It is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007), for the reasons set out in this report, accordingly, it is recommended that the application be approved. ## Party Status It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:- Braddan Parish Commissioners Department of Transport Highways Division The owners/occupiers 40 Vicarage Park, Braddan The owners/occupiers 30 Vicarage Park, Braddan It is considered that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:- The Manx Electricity Authority The owners/occupiers 33 Ballaquark, Douglas Mr David Cretney MHK --- ## Recommendation Recommended Decision: Permitted Date of Recommendation: 10.02.2009 --- ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals #### C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. #### C 2. This approval relates to the erection of a block of five industrial starter units as proposed in the submitted documents and drawings 1023/60/01, 1023/60/04 and 1023/60/05 all received on 19th December 2008. #### C 3. Prior to the occupation of any of the light industrial units the hard standing, including the parking layouts to the front of the units are to be completed to allow the required parking provisions to be used, in accordance with the required standard of the Department of Transport Highway Division C 4. No outside storage of materials associated with the use hereby approved, is permitted within the site. C 5. No external lighting shall be affixed to any building or otherwise erected within the site without the prior approval of the Planning Authority. C 6. The premises shall be in operation for the purposes hereby approved, only within the hours of 07.00 and 19.00hrs Monday to Friday, 07/00 and 13.00 hours on a Saturday and at no time on a Sunday. I confirm that this decision accords with Government Circular No 56/08 (Delegation of Functions to the Acting Senior Planning Officer), GC 55/08 for Advertisements and 69/08 for Registered Buildings. Decision Made : Permitted Date: 11/2/09 Signed: DBmyA Acting Senior Planning Officer --- *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/86733-braddan-land-at-kirby-farm-vicarage-block-five-industrial/documents/1537071*