**Document:** Appeal Submission **Application:** 15/00331/B — Erection of a two storey extension to existing building **Decision:** Department Application **Decision Date:** 2015-08-17 **Parish:** German **Document Type:** appeal / appeal_submission **Source:** https://planningportal.im/a/5865-german-castlebay-seafoods-ltd-extension/documents/916695 --- # Appeal Submission Please reply to the signatory Our Ref: 15/00331/B Your Ref: Mr. A. Johnstone, Planning Appeals Secretary, Chief Secretary's Office, Government Offices, Buck's Road, Douglas, IM1 3PN. Tel: (01624) 685910 Fax: (01624) 686443 Email: melissa.mcknight@gov.im Director of Planning & Building Control Michael Gallagher, M.R.T.P.I. 30th June 2015 ## File Copy Dear Mr Johnstone PA No: 15/00331/B Proposal: Erection of a two storey extension to existing building Address: Castlebay Seafoods Ltd Isle Of Man Food Park Mill Road Peel Isle Of Man IM5 1TD The abovementioned application site is either owned and maintained by the Department of Environment food and Agriculture of which Planning and Building Control is part, or is one in which the Department may hold a 'perceived interest'. Therefore section 10(1)(b) of the Town and Country Planning (Development Procedure)(No2) Order 2013 sets down that the application cannot be considered by the Planning Committee OR an Officer of the Department but must be referred to the Council of Ministers. A statement from Planning and Building Control is herewith enclosed which seeks to advise Council of the policy and status and assist in the drafting of any conditions and reasons to attach to any approval that may be forthcoming. Yours sincerely, Miss Melissa McKnight Assistant Planning Officer ## Planning Statement ### Defa P&Bc ## Isle of Man ### Government *Raillys Ellan Vannin* Planning statement on behalf of Department of the Environment Food and Agriculture Planning and Building Control Erection of a two storey extension to existing building Castlebay Seafoods Ltd Isle Of Man Food Park Mill Road Peel Isle Of Man IM5 1TD **PA Reference 15/00331/B** Statement prepared on behalf of DEFA Planning and Building Control by Planning Officer: Melissa Mcknight ## 1.0 Introduction 1.1 In accordance with the provisions of 10. (1)(b) of the Town and Country Planning (Development Procedure) (No 2) Order 2013 any planning application that proposes development involving land that the Department of Environment, Food & Agriculture is in ownership it cannot be determined by the Planning and Building Control Directorate. In these instances the relevant legislation requires the planning application to be referred to and determined by the Council of Ministers. Such planning applications are dealt with by an appointed person (Planning Inspector) who is charged with assessing the proposed development and reporting their recommendations to the Council of Ministers. ## 2.0 The Application Site 2.1 The application site is the curtilage of Castlebay Seafoods Ltd and an area of hardstanding that abuts the eastern elevation of the existing building within Isle of Man Food Park, Peel. The building comprises an ice cream factory. The Isle of Man Food Park is located to the south of Mill Road. 2.2 The application site sits to the rear of the Isle of Man Food Park and to the west of The Brooghs. Glenfaba Road runs above The Brooghs and forms part of Peel Conservation Area. 2.3 The existing application building forms a typical industrial building and is accessed via the southern elevation. ## 3.0 The Proposal 3.1 The current planning application seeks approval for the erection of an extension to the existing building with a mezzanine to provide increased storage and manufacturing areas. 3.2 The extension would be erected on an area of existing hardstanding and would project just less than 7.5 metres from the eastern elevation of the existing building, have a length of just less than 42 metres and a ridge height of approximately 7 metres. The extension would be constructed of box profile coated metal sheets. Within each roof slope would be nine roof lights. ## 4.0 Planning History 4.1 There have been a number of previous applications in the Isle of Man Food Park for the erection of industrial, processing and storage buildings, none of which relate specifically to this site as its current use. ## 5.0 Planning Policy 5.1 In terms of local plan policy, the application site is within an area zoned as Predominantly Industrial under the Peel Local Plan 1989. Planning Circular 6/89, the written statement that accompanies the local plan, contains two policies that are considered materially relevant to the assessment of this current planning application: Policy 6.7 states: "The land which has been zoned for industrial use is considered sufficient and no further allocation is envisaged." Policy 6.8 states: "Residential development in the vicinity will be discouraged." 5.2 In terms of strategic plan policy, The Isle of Man Strategic Plan 2007 contains five policies that are considered materially relevant to the assessment of this current planning application: General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: 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; 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." Environment Policy 36 states: "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area." Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this plan." Business Policy 5 states: "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." Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." Appendix 7 of the Isle of Man Strategic Plan 2007 sets out the current standards for general industrial buildings. Appendix 7 states that there should be 1 space per 50 square metres gross floor space. 6.0 REPRESENTATIONS 6.1 Peel Town Commissioners recommend that the application be approved (26/05/2015). 6.2 The Department of Infrastructure Highway Services do not oppose the current planning application (13/04/2015). 7.0 CONSIDERATIONS 7.1 The application seeks approval for the erection of an extension and creation of a mezzanine to provide storage and manufacturing areas; there are five issues to consider in the assessment of this current planning application which are as follows: 1) The principle of the development; 2) The impact upon the adjacent buildings; 3) The impact upon the character and appearance of the area and nearby Conservation Area; 4) The impact upon the living conditions of the neighbouring residential properties on Glenfaba Road; and 5) The impact on highway and other vehicular movements within the Isle of Man Food Park. ### 7.2 The Principle Of Development 7.2.1 The site is within an area zoned as industrial as identified on the Peel Local Plan, the proposed use is for storage and manufacturing and as such the proposed intended use would be appropriate for the Isle of Man Food Park. In addition to this, the extension would be used in association the existing building. ### 7.3 Impact Upon Adjacent Buildings 7.3.1 The proposed extension would be to the eastern elevation of the existing ice cream factory and is not considered to conflict with the operation of any other buildings within the Isle of Man Food Park. The extension would assist in allowing the existing company to expand and would provide the necessary space to enable Davison Manx Dairy Ice Cream to purchase new machinery to facilitate exports to the United Kingdom. ### 7.4 Impact Upon The Visual Amenity Locality 7.4.1 The edge of Peel Conservation Area is 51 metres from the eastern edge of the application site. The edge of the Conservation Area runs along the rear gardens of the properties of Glenfaba Road and Patrick Street. Disregarding views from the rear gardens of Glenfaba Road it is unlikely that the extension would be visible from within the Conservation Area. 7.4.2 The extension would have the appearance and form of an industrial building and would have a similar appearance to other buildings within the Isle of Man Food Park. Given that the proposed extension would be used in association with the existing ice cream factory building and would reflect its purpose, it is considered that no undue harm would be caused to the character and appearance of the locality or nearby Conservation Area. In addition to this, the extension would be viewed in association with the other buildings of the Isle of Man Food Park and would not appear incongruous within the locality. ### 7.5 Impact Upon Living Conditions Of The Properties Of Patrick Street 7.5.1 The proposed extension would be approximately 51 metres from the rear of the houses along Glenfaba Road at its closest point, but there is quite a significant difference in levels given the topography of the land adjacent to the application site. This land slopes steeply upwards towards the rear of the properties along Patrick Street. While the proposed extension would be approximately 7 metres in height, given the difference in levels between the application site and the property on Glenfaba Road it is considered that the proposed extension would not have an adverse impact upon the amenities of those occupiers in terms of appearing overbearing or resulting in a loss of light. ### 7.6 Highway And Existing Vehicular Safety 7.6.1 The site can accommodate parking for up to twenty vehicles. The proposal would create five additional jobs in which the site could accommodate parking for. The extension would also house the ice cream vans when not in use so additional parking would be available as a result. ### 8.0 Conclusions 8.1 The extension proposed would assist in the growth and diversity of Davison Manx Dairy Ice Cream by allowing the needed space requirements to provide exportation to the UK which will not only benefit Davison Ice Cream but also raise the profile of Isle of Man Produce. 8.2 Overall the planning application is in accordance with Policy 6.7 and Policy 6.8 of Planning Circular 6/80 and General Policy 2, Environment Policy 36, Business Policy 1, Business Policy 5 and Transport Policy 7 of the Isle of Man Strategic Plan 2007 and as such is recommended for approval. ### 9.0 Party Status 9.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 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) The Highways Division of the Department of Infrastructure; and (e) The local authority in whose district the land the subject of the application is situated. --- ### Recommended Conditions and notes if for an Approval #### C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. **Reason:** To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. **Plans on which recommendations have been based and upon which any approval should rely:** Location Plan and Drawing Number P5553-01 Rev. B both date stamped as received 30th April 2015. From: Ian Davison (Davison's Ice Cream) Sent: 04 June 2015 09:50 To: McKnight, Melissa Subject: RE: PA 15/00331/B: Erection of a two storey extension to existing building, IOM Food Park Hi Melissa Hope you are well, that's fine we do not need to move any soil. Kind regards Ian --- From: McKnight, Melissa [mailto:Melissa.McKnight@gov.im] Sent: 03 June 2015 15:26 To: 'Ian Davison (Davison's Ice Cream)' Subject: RE: PA 15/00331/B: Erection of a two storey extension to existing building, IOM Food Park Good Afternoon Mr Davison, Thank you for your email. I haven't been to the Food Park for a while and the aerial photographs still show this area as being part of the mound. I will make note in the report that no soil is to be removed. Thank You and Kind Regards Melissa --- From: Ian Davison (Davison's Ice Cream) [mailto:ian.davison@davisons.co.im] Sent: 28 May 2015 19:42 To: McKnight, Melissa Subject: RE: PA 15/00331/B: Erection of a two storey extension to existing building, IOM Food Park Hi Melissa We do not need to remove any sections of land for the extension as we already have a flat hardcoar area provided by DEFA where the extension would go, perhaps you need to see the site and you can see for yourself what I mean. There is no need for any soil removal to build this extension. Regards Ian Davison --- From: McKnight, Melissa [mailto:Melissa.McKnight@gov.im] Sent: 28 May 2015 16:28 To: 'ian.davison@davisons.co.im' Subject: PA 15/00331/B: Erection of a two storey extension to existing building, IOM Food Park Good Afternoon Mr Davison, Hope you are well. I am just putting together the report for PA 15/00331/B and note that the extension would involve the removal of a section of land to the east of the building. I would be grateful if you could confirm the following; 1) The amount of material to be removed; 2) The method in how it would be removed; and 3) Where the soil/land would be disposed of. I look forward to hearing from you in due course. Thank You and Kind Regards Melissa Mcknight Assistant Planning Officer Department of Infrastructure Planning & Building Control Murray House Mount Havelock Douglas Isle of Man IM1 2SF (01624) 685252 http://www.gov.im/categories/planning-and-building-control/ www.myhouse.im infrastructure planning and building control bun-troggalys - plannal as gurnell troggal My 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. Isle of Man. Giving you freedom to flourish WARNING: This email message and any files transmitted with it are confidential and may be subject to legal privilege. You must not copy or deliver it to any other person or use the contents in any unauthorised manner without the express permission of the sender. If you are not the intended addressee of this e-mail, please delete it and notify the sender as soon as possible. No employee or agent is authorised to conclude any binding agreement on behalf of any of the Departments or Statutory Boards of the Isle of Man Government with any party by e-mail without express written confirmation by a Manager of the relevant Department or Statutory Board. RAAUE: S'preevaadjagh yn chaghteraght post-l shoh chammah's coadany erbee cumt marish as ta shoh coadit ec y leigh. Cha nhegin diu coipal ny cur eh da peiagh erbee eiley ny ymmydey yn chooid t'ayn er aght erbee dyn kied leayr veih'n choyrtagh. Mannagh nee shiu yn enmyssagh kiant jeh'n phost-l shoh, doll-shiu magh eh, my sailliu, as cur-shiu fys da'n choyrtagh cha leah as oddys shiu. Cha nel kied cumt da failleydagh ny jantagh erbee conaant y yannoo rish peiagh ny possan erbee lesh post-l er son Rheynn ny Boayrd Slattyssagh erbee jeh Reiltys Ellan Vannin dyn co-niartaghey scruit leayr veih Reireyder y Rheynn ny Boayrd Slattyssagh t'eh bentyn rish. Please reply to the signatory and quote our reference on all correspondence. Our Ref: 15/00331/B Your Ref: Tel: (01624) 685950 Fax: (01624) 686443 Email: planning@gov.im E J Callow Secretary to the Planning Committee 4th June 2015 Dear PA No: 15/00331/B Proposal: Erection of a two storey extension to existing building Address: Castlebay Seafoods Ltd Isle Of Man Food Park Mill Road Peel Isle Of Man IM5 1TD Applicant: Castlebay Seafoods Ltd As a result of the transfer of the Planning and Building Control Directorate to the Department of Environment Food and Agriculture (the site owner for this application) the case will now be determined by the Cabinet Office and copies of your comments have be forwarded to them. If you wish to make any additional comment, based the change in circumstances of this application, could you please submit your representation to this office within 14 days of the date of this letter for forwarding on to the Cabinet Office. Yours faithfully Technical Officer DEFA P&BC LIST OF APPLICANT/AGENT, CONSULTEES, INTERESTED PARTIES AND PERSONS WITH VIEWS RELATIVE TO APPLICATION 15/00331/B CSO Reference DF15/0025 [Table omitted in markdown export] --- *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/5865-german-castlebay-seafoods-ltd-extension/documents/916695*