**Document:** Officer Report
**Application:** 25/90976/B — Sub-division of light industrial unit into separate storage warehouse and physiotherapists (Class 1.2b - professional services)
**Decision:** Refused
**Decision Date:** 2026-03-19
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/130600-malew-unit-kb2-harcourt/documents/1592069

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# Officer Report

## Planning Officer Report And Recommendations

**Application No.:** 25/90976/B
**Applicant:** Mr Terry Crook
**Proposal:** Sub-division of light industrial unit into separate storage warehouse and physiotherapists (Class 1.2b - professional services)
**Site Address:** Unit KB2 Harcourt Drive Balthane Ballasalla Isle Of Man IM9 2AH
**Planning Officer:** Vanessa Porter
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Refused
**Date of Recommendation:** 12.03.2026
Reason for Refusal The proposal is to sub-divide the existing industrial unit, with the majority of the proposed site being one unit which is compatible with the land zoning and deemed acceptable. The other part of the proposal is a unit situated within Class 1.2 (Financial and Professional Services), which is a non-industrial use within a site zoned for industrial. Insufficient justification has been provided within the application to show that the proposal cannot be viably be done from a Town Centre location with part (c) of the Town and Country Planning (Use Classes) Order 2019 stating, "any other service which is appropriate to provide within a shopping area." Whilst the proposal is potentially utilising an existing site as per Strategic Policy 1, and whilst noting the neighbouring amenity and parking standards are deemed acceptable, the site location is not sustainable and does not meet the core values within the Isle of Man Strategic Plan 2016 for sustainability, specifically the main Strategic Aim (page 10) and Strategic Policy 2, the Area Plan for the South Written Statement, specifically paragraphs 6.8.2 - 6.8.5 and Employment Recommendation 1. Overall the site is designated for industrial, of which the Isle of Man Strategic Plan and Area Plan for the South are specific in the presumption against non-industrial development in such areas unless it can be demonstrated that the use cannot viably be done within a town centre location. The Employment Land Review (2025) reinforces this position, identifying the proliferation of non-industrial uses as a strategic constraint on genuine industrial activity. The proposal does not meet the relevant policy tests and is considered contrary to Business Policy 5 of the Isle of Man Strategic Plan 2016 and Employment Proposal 1 of the Area Plan for the South. ## Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection Malew Commissioners - No objection
Officer’s Report THE SITE

1.1 The application site is within the curtilage of Unit KB2, which is an existing industrial building situated to the South Western end of Balthane Industrial Estate. The unit is single storey, finished in brick walling with a corrugated sheeted roof. The frontage has two pedestrian entrances with windows to the left hand side, a separate window and roller shutter door to the middle. The front apron has parking for three cars and an access ramp. THE PROPOSAL

2.1 The current planning application is a follow on from a previously refused application PA25/90372/B, and seeks approval for the separation of the existing unit to create two units, of which one unit is to be a store and the other is to be a unit for use Class 1.2. The proposed Class 1.2 unit (Financial and Professional Services) is to measure 2.8m by 8.6m with the store measuring approximately 10.2m by 8.6m.

2.2 The unit for use as Class 1.2 is to "provide essential rehabilitation and therapeutic services to the local community, supporting both preventative health and recovery." PLANNING POLICY

3.1 The site lies within an area zoned as "Industrial/ Business Park" on the Area Plan for the South, Map 4 - Ballasalla. The site is not within a flood risk area as indicated on the Isle of Man Indicative Flood Risk Maps, and the site is not within a Conservation Area.

### 3.2 AREA PLAN FOR THE SOUTH

- 3.2.1 There is a development brief contained with the Area Plan for the South Written Statement, which states the following: Paragraph 6.8.2: "The Balthane Industrial Estate is located just south of Ballasalla village. The Estate is used by a mix of businesses but incremental development, poor maintenance of buildings, roads and footways, has over the years, resulted in the Estate appearing neglected and unattractive in many parts giving a poor impression to the public, customers and businesses alike. It is recognised that the Estate is home to some uses which are essential to support the Island and also that there is scope for the general appearance and access to the Estate to be improved. There is considerable land available at Balthane which was first identified on the 1982 Development Order. It has been deemed appropriate to carry forward this designation into the Area Plan but there is a need to secure improvement works on the estate."
- 3.2.2 There is also one recommendation, which is relevant to the assessment of this application, Employment Recommendation 1, which states, "It is recommended that the Department of Infrastructure, the Department of Economic Development and Malew Parish Commissioners work collaboratively to produce a strategy for improvements at Balthane Industrial Estate. This will include general environmental improvements, and also improvements in respect of access, lighting and infrastructure in an effort to ensure that the Estate is an attractive place for both users and customers."
- 3.2.3 Also relevant is Paragraph 6.8.5 of the Area Plan for the South, Written Statement, states in part, "Other uses may be better directed towards Balthane. Business Park development can

be defined as land for light industrial purposes, warehousing, new technology companies involved in scientific, commercial, or industrial research or development and office accommodation as the Corporate Headquarters of companies having multiple and diverse interests (but excluding financial/ professional services to visiting members of public)…."

### 3.3 ISLE OF MAN STRATEGIC PLAN

- 3.3.1 The Isle of Man Strategic Plan 2016 contains the following policies considered materially relevant to the assessment;

- Strategic Policy 1 - Sustainable Development and efficient use of land and resources, promoting well-located, accessible development that contributes positively to economic growth without undermining sustainability objectives.
- Strategic Policy 2 - Development focused in existing towns and villages to preserve their character and avoid coalescence.

- Strategic Policy 9 - Retail and office developments (excepting specific exemptions) must be within town and village centres as designated in Area Plans.
- Strategic Policy 10 - Promoting integrated journeys, minimizing car use, and facilitating alternative modes of transport. Business Policy 1 - Supporting economic growth through business developments that benefit local employment and sustainability. General Policy 2 - set out general 'development control' standards Environment Policy 22 - impact on neighbours Business Policy 1 - which sets out that the growth of employment opportunities throughout the Island will be encouraged. Business 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 in certain circumstances

- Business Policy 9 - Directing retail developments to town centres and mixed-use areas.

- Transport Policy 1 - Proximity to public transport.
- Transport Policy 2 - Development layouts linked to existing systems. Transport Policy 4 - Ensuring highway safety. Transport Policy 7 - in connection with Appendix 7.6 which sets out the requirement for parking standards.

### 3.4 TOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 2019

- 3.4.1 When looking at the Town and Country Planning (Use Classes) Order 2019, it can be seen that the proposed physiotherapy use would be down as Class 1.2 Financial and professional services, specifically part b & c, which states, "(b) professional services (including estate agency, dentist, opticians and legal or architectural services; or (c) any other service which is appropriate to provide in a shopping area, (including a booking office for a driving school or a job centre)."

### 3.5 OTHER MATERIAL CONSIDERATIONS

### 3.6 EMPLOYMENT LAND REVIEW 2025

- 3.4.2 Also relevant is the, "Meaning of industrial process

- (1) Subject to paragraph (2), "industrial process" means the carrying on of any process, for or incidental to any of the following purposes, namely —

- (a) the making of any article or of part of any article;
- (b) the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or adapting for sale, or breaking up or demolition of any article; or
- (c) the getting, dressing or treatment of minerals; being a process carried on in the course of trade or business other than agriculture

- (2) Industrial process does not include activities carried out in a building in or adjacent to or belonging to a quarry or mine, and activities carried out within a shop.
- (3) For the purposes of this article, the expression "article" means an article of any description, including a ship or vessel."

- 3.6.1 The Employment Land Review 2025 (ELR) provides a comprehensive evidence base on the use, sufficiency, and policy context of employment land across the Island and it provides evidence to support the review of the Isle of Man Strategic Plan 2016, whilst also providing data and useful information by which to measure the implementation of Our Island Plan and Economic Strategy. The key findings of the report are that there is a requirement of 44.18ha of land for industrial uses until 2041 and that "The proliferation of non-employment uses in industrial areas is making it difficult for genuine industrial businesses to obtain and operate from premises in a location suitable for their business."
- 3.6.2 With the above in mind there are a couple of findings, which are directly relevant to the assessment of this application:
- 3.6.3 Paragraph 2.8.4 of the ELR reiterates Employment Proposal 1 from the Area Plan for the South, which states: "All industrial uses, other than small scale light industrial uses considered to be acceptable within the Mixed Use areas, or those uses deemed appropriate by the Isle of Mana Strategic Plan Business Policy 7, will be located on the Industrial Estate at Balthane and where appropriate Ronaldsway and the Freeport." This reinforces the strategic intent to concentrate industrial uses within designated employment areas and to resist the dilution of such areas by non-industrial uses.
- 3.6.4 Paragraphs 2.8.2-2.8.3 of the ELR highlight the regeneration objectives for Balthane, including the need to develop the economic activity in Ballasalla, Balthane, and the Freeport, whilst stipulating that the approach to achieving this is outlined in Paragraphs 2.8.3 to 2.8.8.

### 3.7 ISLE OF MAN CLIMATE CHANGE PLAN 2022-2027

- 3.7.1 It's noted within the above document that Transport is the Islands third largest source of emissions, of which Transport Deliverable 3.4 states, "Reduce the need to travel by continuing to support the provision of public services close to where people live (e.g. licence applications, payments etc.) and supporting practices such as home working." PLANNING HISTORY

4.1 There are two previous applications which is relevant to the assessment of this application which are PA25/90372/B & PA22/00403/C

4.2 PA25/90372/B was for "Sub-division of light industrial unit into separate storage warehouse and class 1.2 Unit (professional and financial services)," which was refused for the following reasoning,

R1 - The proposal is to sub-divide the existing industrial unit, with the majority of the proposed site being one unit which is compatible with the land zoning and deemed acceptable. The other part of the proposal is a unit situated within Class 1.2 (Financial and Professional Services), which is a non-industrial use within a site zoned for industrial. Insufficient justification has been provided within the application to show that the proposal cannot be viably be done from a Town Centre location with part (c) of the Town and Country Planning (Use Classes) Order 2019 stating, "any other service which is appropriate to provide within a shopping area."

Whilst the proposal is potentially utilising an existing site as per Strategic Policy 1, and whilst noting the neighbouring amenity and parking standards are deemed acceptable, the site location is not sustainable and does not meet the core values within the Isle of Man Strategic Plan 2016 for sustainability, specifically the main Strategic Aim (page 10) and Strategic Policy 2, the Area Plan for the South Written Statement, specifically paragraphs 6.8.2 - 6.8.5 and Employment Recommendation 1.

Overall the site is designated for industrial, of which the Isle of Man Strategic Plan and Area Plan for the South are specific in the presumption against non-industrial development in such areas unless it can be demonstrated that the use cannot viably be done within a town centre

location. The Employment Land Review (2025) reinforces this position, identifying the proliferation of non-industrial uses as a strategic constraint on genuine industrial activity. The proposal does not meet the relevant policy tests and is considered contrary to Business Policy 5 of the Isle of Man Strategic Plan 2016 and Employment Proposal 1 of the Area Plan for the South."

4.3 PA22/00403/C - "To part use industrial unit as a retail outlet (Retrospective)," which was refused for the following reasoning,

- R1 - The proposal includes retail use and has not provided sufficient justification that either: the items could not be reasonably sold from a town centre location because of their size or nature; or the items are produced on the site and their sale could not reasonably be severed from the overall business. Furthermore, insufficient evidence has been provided to demonstrate that the proposal would not detract from the vitality and viability of town centre shopping areas. The proposal is therefore considered to be contrary to Strategic Plan (2016) Business Policy 5.
- R2 - The proposed development would be contrary to Business Policy 5, Strategic Policy 9 and

Business Policy 10 of the Isle of Man Strategic Plan 2016, in that it would establish a permanent retail use in a location not zoned for retail purposes, and where no exemptions exist.

- 4.3.1 It's relevant to note that for the basis of this application the site was separated into two, with one side being used as storage and the other being a retail unit with a floor area of 48.5sqm.

4.4 Planning Permission has been applied for by several units within Balthane, which have been for non-industrial uses, as a basis the following have been approved within the last few years;

- 4.4.1 PA12/01610/B - Unit KB1 - Use of building as industrial unit or as a café with external seating area to the rear.

- 4.4.1.1 It's relevant to note that the Officer for the application opined that the cafe use will provide a service primarily for the staff on the estate who only presently have a caravan-type catering facility to provide hot food and there is nowhere for customers to sit and have their lunch or drink. It was also considered that given the environment of Balthane, it is very unlikely that such a facility will pose a threat to the other catering establishments in the vicinity. It was also argued that the changes to the building will not render the unit unusable for industrial purposes if the café use was to cease.

- 4.4.2 PA24/91166/B - Installation of a mezzanine floor and change of use from industrial/commercial/storage to funeral directors - Permitted for the following reason, "Whilst the land is not designated for the proposed use (funeral directors), the change of use is not considered to be unacceptable given it does not propose any open public retail sales and would be in accordance with Business Policy 1 and 5 nor is it considered to adversely impact on the general amenity of the area and is in compliance with General Policy 2 of the Strategic Plan 2016."
- 4.4.3 PA24/00305/C - Change of use of industrial unit to dog grooming and kennelling (retrospective) - Permitted for the following reason, "The proposal is of an acceptable land use and will benefit the ongoing business activity within the site. The proposals will not harm amenity or highway safety in the area nor detract from the vitality or viability of nearby town or village centres. The proposals therefore comply with General Policy 2 and broadly with the aims of Business Policies 1 and 5 of the Isle of Man Strategic Plan 2016."
- 4.4.4 PA23/01342/C - Change of use from as storage unit to a personal training studio Permitted for the following reason, "Whilst the land is not designated for the proposed use it

will provide facilities which are generally encouraged within the Strategic Plan, and given the reasonable size of the unit and the other non-residential uses in the surrounding industrial estate, the change of use to a training studio is not considered to be unacceptable or to adversely impact to the surrounding uses. As such the proposal is recommended for approval."

- 4.4.5 PA 20/00671/B - Conversion of industrial unit to provide ground floor storage (class 2.4) and first floor fitness studio (class 4.4) - Permitted for the following reasoning, "The application is considered to be acceptable and not be in conflict with the relevant policies of the Strategic Plan as it would create an opportunity for employment which the unit would otherwise not do, it would provide opportunities for recreation which the Strategic Plan supports, the location is sustainable in terms of its proximity to local populations and to public transport and there is no evidence that there is a shortage of opportunities for industrial floorspace that could not be met in existing or potential industrial buildings and the uses would not be incompatible with adjacent land uses."
- 4.4.6 PA20/00304/C - Change of use from general industrial to leisure (Class 2.3 to class 4.4) Permitted for the following reasoning, "Whilst the proposed use is not consistent with the land use designation, it is considered that there is justification for accepting this alternative use as it supports the Strategic Plan objectives on recreation and it is not considered that there will be any environmental harm from the proposal."
- 4.4.7 PA19/00280/C - Additional use of industrial unit (class 5) as a retail unit (class 1) during the periods associated with the Southern 100, TT Classic, TT, Manx Grand Prix, and Rally events from 2019 to 2024 - Refused for the following reasoning, "The proposal does not accord with Business Policies 5 and 10 of the Isle of Man Strategic Plan 2016 as there is insufficient justification provided for the establishment of a retail use in an industrial area."
- 4.4.8 PA19/00018/B - Conversion of existing industrial building to create an indoor recreation facility and provision of additional parking - Permitted for the following reasoning, "Whilst the proposed use is not consistent with the land use designation, it is considered that there is justification for accepting this alternative use and it is not considered that there will be any environmental harm from the proposal, provided that the area alongside is cleared and made suitable for car parking prior to the use commencing."
- 4.4.9 PA18/00799/B - Change of use of storage unit to doggy day care facility, including creation of two external doors - Permitted for the following reasoning, "The use is considered to be acceptable and is recommended for approval. Whilst the hours of operation have been stated in the application, it is not considered necessary to restrict these by condition as: a) the site is not located near any noise sensitive premises and b) the only applications for similar uses which have been subject to hours of operation conditions were those near to residential properties where anti-social hours of operation may cause inconvenience or nuisance."
- 4.4.10 There is also one pending application which is for a non-industrial use within Balthane Industrial Estate, PA25/90336/C - Athol Garage - Additional use of part ground floor jointly with existing car showroom for coffee shop (class 1.3) and further ancillary use for hot food takeaway (class 1.4) - Pending.

REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summary;

5.2 Highway Services have considered the application and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as there is suitable off-street parking retained for the light industrial unit (2 cars can be parked out front for the industrial unit with a van in front of the loading bay) and physiotherapist proposal (2 car parking spaces allocated)." (02.02.26)

5.3 Malew Commissioners have considered the application and state, "No Objections." (04.02.26) ASSESSMENT

6.1 It's noted that this application follows on from a previous refused application, PA25/90372/B, which was refused for the following reasoning; "R1 - The proposal is to sub-divide the existing industrial unit, with the majority of the proposed site being one unit which is compatible with the land zoning and deemed acceptable. The other part of the proposal is a unit situated within Class 1.2 (Financial and Professional Services), which is a non-industrial use within a site zoned for industrial. Insufficient justification has been provided within the application to show that the proposal cannot be viably be done from a Town Centre location with part (c) of the Town and Country Planning (Use Classes) Order 2019 stating, "any other service which is appropriate to provide within a shopping area."

Whilst the proposal is potentially utilising an existing site as per Strategic Policy 1, and whilst noting the neighbouring amenity and parking standards are deemed acceptable, the site location is not sustainable and does not meet the core values within the Isle of Man Strategic Plan 2016 for sustainability, specifically the main Strategic Aim (page 10) and Strategic Policy 2, the Area Plan for the South Written Statement, specifically paragraphs 6.8.2 - 6.8.5 and Employment Recommendation 1.

Overall the site is designated for industrial, of which the Isle of Man Strategic Plan and Area Plan for the South are specific in the presumption against non-industrial development in such areas unless it can be demonstrated that the use cannot viably be done within a town centre location. The Employment Land Review (2025) reinforces this position, identifying the proliferation of non-industrial uses as a strategic constraint on genuine industrial activity. The proposal does not meet the relevant policy tests and is considered contrary to Business Policy 5 of the Isle of Man Strategic Plan 2016 and Employment Proposal 1 of the Area Plan for the South."

6.2 A covering letter has been provided with this application which sets out a response to the reasons for refusal, as such as per the previous application the main issues to consider in the assessment of this planning application are:

- - principle of the development
- - impact on industrial land
- - sustainability of proposal
- - impact on nearby town centre
- - impact on streetscene
- - impact on neighbouring amenity
- - parking standards and highway safety

### 6.3 PRINCIPLE OF DEVELOPMENT

- 6.3.1 In the first instance its relevant to note that the proposal is for the separation of an existing industrial unit which is situated within Balthane Industrial Estate, specifically to the Western side of the estate, into two units. One unit which is to be storage and measures approximately 85sqm and is to be used as storage, which is to be used to store materials, tools and equipment for the owners business, which would meet the policies in place within an industrial estate and as such deemed acceptable.
- 6.3.2 The issues arise from the proposed use of the other part of the unit, which is to have a floor area of approximately 29.5sqm, and is to include a reception, kitchen, hall and two WC's, which is to change from industrial to Class 1.2, specifically for the use as a physiotherapist.
- 6.3.3 It's noted that the previously refused application states the following regarding the use of the site, "6.2.2 Firstly, it is relevant to note that the original application stated that the site was

- to be used as a commercial outlet within its proposal, which is ambiguous in its use. As such, clarification was sought on the proposed use, which was provided and would be a physiotherapist. It's noted that The Town and Country Planning (Use Classes) Order 2019 does not give a list of uses accepted into each class but provides a baseline for the uses which would go into a class. With Class 1.2 being the class for Financial and Professional Services and states that the use is, "where the services are provided principally to visiting members of the public," of which the for the benefit of this application it specifically states under part c) of Class 1.2 - Financial and professional services, "(c) any other service which is appropriate to provide in a shopping area, (including a booking office for a driving school or a job centre)."
- 6.3.4 With the above in mind, it's relevant to note the land zoning and the specific site itself when looking into whether the principle of the development is acceptable.
- 6.3.5 The information provided from the applicants state the following with regards to the principle of the development, "It is noted that this is not the first or only application where town centre type uses have been accepted in locations outside of those areas. There are many instances where hairdressers and beauty therapy and other medical related uses are accepted outside town centres, particularly if they are small scale, for example, at the Planning Committee meeting of 29 September, approval was given for:

PA25/90672/B. An occupational health facility of 52sqm for upto 10 people at a residential property in St Johns some distance from a town or village centre and not easily served by public transport.

PA25/90728/B. For a beauty therapist business at a residential property in Douglas away from other retail premises."

- 6.3.6 There has been no question throughout the previously refused application, or for this application that other uses have been approved within land zoning where they initially would not comply, for which each application for this has being taken on it's own account.
- 6.3.7 The issue with the application site is that it is situated within an area zoned as industrial, of which part of Paragraph 9.2.6 of the Isle of Man Strategic Plan 2016 states, "However, there are good reasons not only for directing most retail uses to town centre locations but also for reserving industrial land for its designated purpose. It is important to ensure that sufficient suitable land is available for industrial development. In any case, most industrials estates are unsuitable as environments for shoppers. This is followed by Business Policy 5 which is very specific in the uses accepted within land zoned as industrial and states, "On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution…." Whilst it gives some examples of retailing which would be accepted, the above policy is in place to ensure that there is sufficient suitable land available for industrial development.
- 6.3.8 This in turn was brought up during the Planning Committee meeting where the application was brought forward, of which it was noted that where the specific site was situated within the industrial estate, was very much industrial in its use and whilst it was noted that other parts of the industrial estate had other uses approved, the proposed use as a physiotherapist within this site specifically would go against the land zoning.
- 6.3.9 As stated above the site is situated within an area designated as industrial under the Area Plan for the South, and when noting the above the Isle of Man Strategic Plan priorities the protection of Industrial land for industrial or related uses. Whilst there is a presence of nonindustrial uses (as per section 4 above), it can be seen that these uses have been accepted or refused on a case by case situation. The previous accepted non-industrial uses do not establish a precedent that overrides the presumption against further non-industrial development, particularly where the use would not meet the policy tests.

- 6.3.10 It was noted in the previously refused application that there were several outlets available for both rent and buying, within Ballasalla, Port Erin, Port St Mary and further afield, of varying sizing and sites.
- 6.3.11 It's noted that the applicant has not provided any information on whether other sites were looked at however they have provided the following, "Whilst it is understood that affordability and finances is not normally a planning consideration, the fact is that the physiotherapy business is a start up/ fledging operation that is unable to compete with town centre rents. It would be financially prohibitive to try to start a new physiotherapists in a town centre location without an established client base and it is not possible to start this business by operating from home as my son still lives in the family home. Therefore trying to find a suitable premises in a town centre is not an option at this stage. If the business was to grow and expand then moving to a town centre would become more plausible. The current proposal allows for risk to be shared between the two of us."
- 6.3.12 With the above in mind, whilst based on 2024 pricing, it can be seen that a similar unit was up for rental for £7,248 per annum, based on this there are several sites on the market at the moment (12/03/2026) which are very close to this price for more suitable sites for a physiotherapy within a town centre location.

### 6.4 IMPACT ON INDUSTRIAL LAND

- 6.4.1 The Employment Land Review (2025) which is a material consideration raises a key strategic concern, which is that the increasing presence of non-industrial uses within areas designated as industrial is making it difficult for genuine industrial businesses to obtain and operate from premises suitable for their specific business needs. This is especially relevant in the sense that the review recommends that planning conditions be specific to ensure that employment land (in this case industrially zoned land) is retailed for genuine industrial uses and cautioned against the dilution of industrial land by unrelated development.

- 6.4.2 Ultimately all the above reinforces the fact that there is currently a shortfall of industrial land, in such a way that the existing industrial land needs to be protected for genuine industrial uses and that there are suitable alternatives within a Town Centre location for the proposed use Class. The matter of fact and degree with this application is that whilst there is a reduction of industrial land, whether this would be above and beyond what would be expected.

- 6.4.3 The proposed sub division of the existing unit is going to create one unit of approximately 85sqm, which is to stay as storage, and is an excepted use within an industrial zoned site, the second unit is to create a unit of approximate 30sqm which is to be used as Class 1.2 (Financial and Professional Services). This is a reduction of the existing industrial land by approximately 30sqm.

- 6.4.4 Reverting the Class 1.2 unit back to industrial whilst it would require Planning Permission, due to the location of the site and the possibility of lower rent. The reverting back to an Industrial use would be minimal. Ultimately, whilst the removal of the industrial land with the proposed unit, in and of itself at 30sqm would weigh against the application but it would not be enough on its own to warrant refusal of this application.

### 6.5 SUSTAINABILITY

- 6.5.1 Turning towards whether the proposed use of the site would be sustainable, with special reference to the Isle of Man Climate Change Plan 2022-2027 that notes that Transport accounts for the Islands third largest source of emissions. The site is situated within an area which is not accessible by public transport and is 400m away from the first accessible cul-desac, up to a km away from most of the properties within Ballasalla, which means that the likelihood is that clients would be travelling to the site.

- 6.5.2 Whilst this would fit within the general standard for a 15-minute concept city, where most of a person's daily needs and services are accessible within walking distance, the likelihood is that the majority of clients will be situated from further afield, with the closest town being Castletown which is over 2km away from the application site.
- 6.5.3 Strategic Policy 2 requires that new development will be located within sustainable locations, whether that is located primarily within the existing towns and villages or where appropriate, in sustainable urban extensions of the town and villages. When noting that there are sites available within the existing town centres within the South of the Island (and beyond) and that the site isn't easily accessible for a wide variety

### 6.6 IMPACT ON NEARBY TOWN CENTRE

- 6.6.1 In terms of possible impacts on the viability of the nearby town centre which in this case would be Ballasalla and then Castletown. Whilst it's considered that clients might not specifically be going into a town centre just for the proposed physiotherapy use, it is likely to contribute to a reduced footfall in the town centre and therefore result in the reduction in the vitality and viability of the town centre which is the main reason for Strategic Policy 9, as viable and vibrant town and village centres not only provide the opportunity for economic success, but also provide convenient and accessible amenities for all members of the community and an opportunity to obtain renewal of our poorer built fabric.

### 6.7 IMPACT ON STREETSCENE

- 6.7.1Turning towards whether the proposal would have an impact on the surrounding streetscene. The Area Plan for the South (paragraph 6.8.2) and the Employment Land Review 2025 highlight that improvements to the general appearance and functionality of Balthane Industrial Estate, which has suffered from incremental development and poor maintenance is required.

- 6.7.2 Whilst it's noted that the proposal is a re-use of an existing unit with no exterior alterations proposed, the existing layout of the site, including parking and access, would remain unchanged. This means that the development maintains the established built form, which ultimately would not detract from the estates character and appearance. Whilst it does not actively contribute to the requested environmental uplift as per the Area Plan for the South and the Employment Land Review it will preserve the status quo of the overall site.

6.8 IMPACT ON NEIGHBOURING AMENITY 6.8.1 When looking at the proposal and whether there would be an impact on neighbouring amenity when noting that General Policy 2(g) requires that development does not adversely affects the amenity of local residents or the character of the locality and Environment Policy 22 which seeks that development would not unacceptably harm the environment or nearby properties though noise, odour or other forms of pollution. The existing industrial estate is a mix of industrial uses with some non-industrial uses, as such there is a wide range of opening and closing times, and a wide range of noise, odour or other forms of pollution.

- 6.8.2 Whilst there is an absence on detailed information regarding the hours of operation, due to the location and other factors discussed above and below, it's unlikely that the proposed use would impact the neighbouring units above and beyond what would be expected of such a site.

### 6.9 PARKING STANDARDS AND HIGHWAY SAFETY

- 6.9.1 When looking at parking standards in relation to Transport Policy 7 in connection with Appendix 7 we can see that the existing site as a whole including reception and excluding kitchen, hall and two WC's measures 114.5sqm and has three parking spaces, which would be acceptable within Appendix 7 for general industrial, which is 1 space per 50 square metres gross floor space and storage and distribution which is 1 space per 100 square metres gross floor space.

- 6.9.2 Whilst Appendix 7 of the Isle of Man Strategic Plan doesn't provide specific parking standards for Class 1.2 uses, its noted that the space for storage is approximately 85sqm as such, the one space for this is accepted and the proposal leaves two spaces for the Class 1.2 side of the unit. Which when accounting for one member of staff and one client per time this would be acceptable.

## CONCLUSION

7.1 Overall, whilst the additional information provided within this application provides some additional information on why the site is acceptable for the applicant, the personal circumstances of the applicant in this case, is not enough to warrant going against the policies which are in place to protect industrial uses within an industrial estate.

7.2 Overall whilst the proposed storage use is compatible with the land zoning and deemed acceptable, the proposed change of use to Class 1.2 is a non-industrial use within a site zoned for industrial, which could viably be done within a town centre location with there being no details provided to state why it would not be possible. Whilst potentially utilising an existing site as per Strategic Policy 1, and whilst noting the neighbouring amenity and parking standards are deemed acceptable, the site location is not sustainable and does not meet the core values within the Isle of Man Strategic Plan 2016, Area Plan for the South nor the Employment Land Review 2025.

7.3 The site is designated for industrial, of which the Isle of Man Strategic Plan and Area Plan for the South are specific in the presumption against non-industrial development in such areas unless it can be demonstrated that the use cannot viably be done within a town centre location. The Employment Land Review (2025) reinforces this position, identifying the proliferation of non-industrial uses as a strategic constraint on genuine industrial activity. The proposal does not meet the relevant policy tests and is considered contrary to Business Policy 5 of the Isle of Man Strategic Plan 2016 and Employment Proposal 1 of the Area Plan for the South.

7.4 The application is therefore recommended for refusal. RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

8.2 Article A10 sets out that the right to appeal is available to:

- applicant (in all cases);
- a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
- any other person who has made an objection that meets specified criteria.

8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.

8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

- any appellant or potential appellant (which includes the applicant);
- the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
- any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
- in the case of a petition, a single representative. is situated; and

- (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material in this case Douglas Borough Council have not made material comments and should not be afforded Interest Person Status.

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 above who should 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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Refused Date: 13.03.2026 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

Customer note This copy of the officer report reflects the content of the officecopy and has been produced in this form for the benefit of our online service/ customers and archive record.

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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/130600-malew-unit-kb2-harcourt/documents/1592069*