DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00597/B Applicant: The Atrium Limited T/A Atrium Cash And Carry Proposal: Siting of recycle unit Site Address: Unit 9 Kirby Farm Industrial Estate Vicarage Road Douglas Isle Of Man IM4 4LA Planning Officer: Mr Hamish Laird Photo Taken: 12.07.2023 Site Visit: 12.07.2023 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.08.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The installation and use of the recycling unit, hereby permitted, shall be restricted to the use of the site as a warehouse and distribution unit only and upon the cessation of this lawfully permitted use, the recycling unit must be removed from the site and the land restored to its former condition as a car parking area within 1 subsequent month.

Reason: The recycling unit is acceptable only for the use of the site as a warehouse and distribution unit because it meets a specific need.

• C 3. The recycling unit hereby approved shall only be used in conjunction with the warehousing and distribution business presently operating on site from Unit 9, and shall be in accordance with the submitted plans and documents, date stamped as having been received 9 May 2023. There shall be no external storage of any material on the site outside the recycling unit hereby approved, unless otherwise agreed in writing by the Planning Authority.

Reason: To protect the amenities of adjoining land users and to safeguard the visual character of the site and area.

• C 4. The use of the recycling unit, hereby approved, shall operate only during the operating hours of the food distribution use of the Unit and cold storage container on the site, and no processes or works shall be undertaken or be in operation for the purposes hereby approved outside the following times:

• o 07.00 and 19.00hrs Monday to Friday
• o 07.00 and 13.00 hours on a Saturday ,and
• o The use shall not be undertaken at any time on Sundays. Reason: To coincide with the existing operating hours restrictions for the food distribution use
• of the Unit and cold storage container on the site in order to maintain the amenities of the area.

• C 5. There shall be no external lighting of the development hereby approved without the prior written approval of the Planning Authority. Reason: In the interests of the character and appearance of the site and surrounding area.

This application has been recommended for approval for the following reason.

Overall, it is concluded that the planning application is in accordance with General Policy 2, Environment Policy 22, Business Policies 1 and 5, and Transport Policy 7 of the Isle of Man Strategic Plan 2016, and is recommended for approval.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 09.05.2023. _______________________________________________________________

Interested Person Status

Additional Persons

None. _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the curtilage of an existing industrial building at Unit 9, Kirby Farm Industrial Estate, Vicarage Road, Douglas, situated on the northern side of Vicarage Road. This building which is situated at the north-western end of the estate and about 145m from the access to the industrial estate has a parking area in front capable of supporting approximately 18 vehicles. A storage container which is a shipping container is positioned in front of the industrial unit (2.9m south of the front of the unit), and within the car park at a position west of the car park. This unit is 12.1m long, 2.8m wide and 2.8m wide retains the appearance of a shipping container and is used as a cold-store unit with its engine unit and controls positioned on its northern side, directly facing the main industrial building. - 1.2 The host building which is used as a distribution warehouse for wholesale food distribution, is single storey, finished in brick walling with a corrugated sheeted roof. The frontage has a roller shutter door with one horizontally proportioned window on each side and a pedestrian door alongside the right hand side window situated on the projecting section of the front elevation. There is space for the parking of around five vehicles in front of the unit.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for the siting of a recycling storage unit. The unit would be sited in the front car park area centrally located in respect of the front elevation of the warehouse building in order to maintain access to it. It would have straight sides and a shallow

• pitched roof. The unit is a temporary demountable structure with an external covering of PVC Fabric. The unit would be approx. 12.0m long, 8.0m wide and 6.25m high to the ridge, with a roller shutter door to the front elevation and pedestrian access door to one side. The floor area would measure approx. 96.0sqm.
• 2.2 The unit is required to operate the applicants proposed recycling facility which would involve recycling packaging left over following wholesale deliveries to customers across the island. The existing plastic and cardboard recycling balers housed in the warehouse would be site against the rear wall of the unit and the waste would be stored be loaded periodically onto a shipping container which will then be shipped to waste management companies in the UK. The reasoning behind the application is to cut down on waste that would otherwise go to landfill or the incinerator which their customers presently have to pay for. This would enhance the delivery service to wholesale customers across the Island and reduce the overall waste impact from the distribution and delivery service. The aim would be to increase the number of customers by providing this recycling service, and move the business forward. There would be no external alterations to the industrial unit, and the existing cold store unit would be retained.
• 2.3 The applicants have provided an Installation Manual for the unit and the submitted site layout plan shows parking for 10 cars and 4 - LCV delivery trucks. As part of a previous application PA 22/00537/B the Planning Statement which provided a justification for the scheme, advised that they state that they supply approx. 80 food outlets around the island with around 500 products. The statement also indicated that:

• o As a wholesale business, they currently employ 7 full time employees and 2 part time employees, with their job advert currently live at the job centre website as they seek to recruit
• one more delivery driver and a sales representative.
• o The business currently has 3 delivery vans.
• o Their aim was to widen their product range with competitive prices.

3.0 PLANNING POLICY - 3.1 The site lies within an area designated on the Area Plan for the East (Map 4) as 'Industrial, and the site is not within a Conservation Area. The site is not prone to flood risks or within a registered tree area, and there are no registered trees on site. - 3.2 The Area Plan for the East Written Statement contains the following texts which are considered relevant to the current scheme:

• 3.2.1 Paragraph 8.1.2 "The main urban area in and around the edge of Douglas includes a number of key employment areas outside the town centre, including industrial land at Middle River & White Hoe, Kirby Farm, Tromode and Ballafletcher, along Peel Road (including Hills Meadow), the Isle of Man Business Park and some land to the South of Cooil Road/Kewaigue. Some of these areas include land which is within the parish of Braddan."
• 3.2.2 Paragraph 8.10.1 "The development and occupation of Industrial Land is dependent on a number of factors beyond the allocation/release of land through the planning system. Key issues include how sites are managed (including how potential bad neighbour uses are located and run) and the potential for wider incentives to encourage investment. It is also important to consider how local businesses are catered for."
• 3.3 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:

• 3.3.1 General Policy 2 states (In part):

"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; (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 adverse effect on road safety or traffic flows on the local highways; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them".

• 3.3.2 Strategic Policy 6: Major employment-generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans.
• 3.3.3 Strategic Policy10: New development should be located and designed such as to promote a more integrated transport network with the aim to: minimise journeys, especially by private car; make best use of public transport; not adversely affect highway safety for all users, and encourage pedestrian movement.
• 3.3.4 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.
• 3.3.5 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 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.

• 3.6.7 Transport Policy 7 The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7.

• Storage and distribution - 1 space per 100 square metres gross floor space.*

• 3.6.8 Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: iii) vibration, odour, noise or light pollution.

4.0 PLANNING HISTORY - 4.1 The industrial unit which is the subject of the current application was approved under PA 10/01336/B for Erection of an industrial building on 26 October 2010. This application was the subject of five conditions which included:

• C5. 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.
• 4.2 Application PA 22/00537/B sought permission for the siting of the cold storage container and change of use of the unit from industrial to food distribution. This latter element was retrospective. Conditions attached to the permission required that there should be no outside storage of materials, and that the development was subject to a temporary approval of

• 4 years from the date of the decision notice with the land restored to its former condition within 1 subsequent month from that date. The hours of operation covered by condition C% of the PA10/01336/B approval was carried forward to this permission; and, it was also conditioned that there should be no external lighting of the development without the prior written approval of the Planning Authority.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.1 Representation from the Department of Infrastructure (DOI) Highways Division (received 22/5/23) confirms that "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking." - 5.2 Braddan Commissioners indicate that they have no objection to the application (23 May 2022). - 5.3 No comments have been received from neighbouring properties.

- 6.0 ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are;

• i) The principle of the proposal (SP6 & BP1, 2)
• ii) Visual impact on the site and wider environment (EP 22 and GP2 b&c)
• iii) Impact on the neighbouring amenity (GP2g & EP 22)
• iv) Impact on the highways & parking (TP7, GP2 h & i)

6.2 The principle

• 6.2.1 The site was originally designated for industrial use and as such there was a presumption in favour of the use of the industrial building for storage and distribution as articulated in Business Policy 5. PA10/01336/B for a change of use was approved on 2/9/22, and the principle of development is therefore established.
• 6.2.2 It is also considered that this proposal would align with Strategic Policy 6 and Business Policy 1 which take into account the need for employment generating developments to be sited on land for which they are zoned for (as identified on the Area Plans), and provided the development accords with other policies of the Strategic Plan, given that the site is zoned for industrial use. Likewise, the recycling unit, by its very nature is a temporary structure which can be easily dismantled on site and removed once the use has ceased. It is understood the container is required to recycle waste arising from wholesale deliveries to customers where the waste would otherwise go to landfill or the incinerator. In this case, the waste would be packaged and transported to the UK for recycling.
• 6.2.3 Similarly, the proposal is considered to be consistent with the development elsewhere on the Industrial Estate, considering the existing warehouse unit and cold storage container are within the grounds of an existing industrial site located within a wider industrial area, with the recycling unit providing a further 96.0sqm of specialised storage space in a sustainable location, close to the main concentration of population, close to the ferry routes and on a

• principal traffic route, where the packaged waste can easily be transported via sealed container off-Island.
• 6.2.4 Based on the foregoing, it is considered that the principle of the proposed development is acceptable.

6.3 Visual impact/Impact on the wider environment

• 6.3.1 In terms of visual impacts, it is considered that no views of the proposed storage container proposed within the scheme would be achievable from any of the nearby highways, with views only achievable from within the industrial estate, where in this case it would be read against the backdrop of the existing industrial site and buildings and as such in connection with the established warehousing and distribution use of the site; and, no unacceptably adverse visual harm is expected as a result.
• 6.3.2 It is also considered that given the distance from the boundary vegetation and trees, and the location of the container on an area already utilised for car parking including parking on distribution vehicles, it is not expected that its installation at this part of the site would result in any unacceptably adverse visual impacts on the site and immediate vicinity.

6.4 Impact on neighbouring amenity

• 6.4.1 There are no residential properties, adjoining or close to the Industrial Estate and units thereon. In terms of impacts on neighbouring amenity, the main concern would be the presence of the unit. The plastic and cardboard balers would be located to the rear of the unit closest to the warehouse building. This should minimise any noise impacts arising from operations within the unit. These items of equipment are already located within the warehouse building and are in daily use. As such, it is considered that any sounds generated would be insufficient to warrant refusal of the scheme.

6.5 Impact on highway safety & parking

• 6.5.1 The recycling unit would project into the existing parking spaces to the front of the building. However, the submitted layout plan showing the revised parking arrangements has drawn no objection from DOI Highways. The existing access into the site would be retained and maintained. Therefore, no new highway issues are expected as a result of the development. Whilst it is usually required that additional parking provision be made to accommodate the increase in floorpsace provided by the recycling unit on the site, in this case the increase in floor area which would not now be available for parking, is considered to be acceptable. It should require the provision of 0.33 parking space provisions when the 1 space per 100 square metres gross floor space is applied. Thgis would generate an additional 1 space requirement. However, as no objections have been received from Highways or neighbours site operators/businesses, and the submitted site layout plan is considered to be practical and workable. In this case, it is considered that the increase in floor space would not be sufficient to warrant additional parking provision for the site. Active site management by the site operator of the on-site parking provision post development should avoid any undesirable situations from arising viz parking and turning.

- 7.0 CONCLUSION

7.1 Overall, the development is deemed acceptable and is not judged to cause harm to public or private amenity of those using and working in nearby buildings to the application site. It would assist in securing the existing business on site and provide a desirable waste recycling regime that would avoid the need for landfill and/or incineration. The application is, therefore, recommended for approval. A temporary permission should be granted to coincide with the cold store approvals time limit and would allow the Planning authority to assess the effects of the scheme on the site and surroundings. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application 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. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o 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.

Decision Made : Permitted Date: 17.08.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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