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Application No.: 17/00378/B Applicant: Haven Homes Ltd Proposal: Demolition of existing gas store, levelling of site and construction of retaining walls. Use of site for the medium term storage of site vehicles, containers and building materials Site Address: Former Gas Storage Installation Balthane Industrial Estate Balthane Ballasalla Isle Of Man IM9 2AG Principal Planner: Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 31.07.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: to control the height of stored material in the interests of the visual amenities of the area.
Reason: to allow DEFA to provide advice on a suitable approach, in order to reduce the possibility of injury or disturbance of fish downstream of the proposed site in the Ronaldsburn stream and coastal ASSI.
The development hereby approved relates to Drawings 01, 1273-000 and 1273-110A, all datestamped as having been received 3rd April 2017. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE
1.1 The application site is the curtilage of the former Bulk Gas Storage Installation, Balthane Industrial Estate, Balthane, Ballasalla located to the south of the Balthane Road and west of JCK Recycling Yard. Until recently there was a small residential property situated to the south of the site. This has been demolished and the site is now used as part of the yard to the south west. - 1.2 The site still accommodates the mound which formerly accommodated the gas cylinders and this is visible from Balthane Road. The existing access is currently gated off with mesh gates set back from the highway. PLANNING HISTORY
2.1 Planning Approval in Principle has been issued for the erection of 11 units on the site under PA 13/91404/A and subsequently 16/00423/A. The earlier application sought approval for only light industrial units, but this was expanded by condition to "light industrial and/or general industrial and/or storage and distribution"; the subsequent application sought approval for all those different kinds of use. Both were approved by the Planning Committee. The latter was subject to the following four conditions (the former application was also subject to an additional condition outlining those additional uses described above):
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
2.2 Subsequent to the 2013 approval being issued, the agents prepared and submitted a survey such as that outlined in the latter condition, but were advised that this should form a part of any Reserved Matters application submitted. THE PROPOSAL
3.1 Full planning approval is now sought for some limited levelling within the site to allow it to be used, according to the accompanying planning statement, for the "medium term" storage of "site vehicles, containers and materials when they are not required on building sites". Further information was sought from the architect in respect of these elements. - 3.2 The applicant has responded by suggesting a time limit of ten years and a maximum height of stored materials of two containers. - 3.3 The land would be levelled via the excavation of roughly 2m of soil height from the north western side of the site to be relocated to the south eastern side of the site, spread over a wider area and therefore raising the land by only 1m in this area. The entirely of the site would be more or less levelled with the height being between 19.1m and 19.3m above the Douglas datum point. The land would be covered with type 1 hardcore. - 3.4 A retaining wall is proposed to enclose the site to the northwest given the larger level differences that would result should the application be approved. This would be formed of concrete at a height of 2m. - 3.5 The application includes information on sampling within the site to determine whether there are contaminants present which need to be mitigated as part of the proposal.
4.1 The application site is within an area zoned as "Industrial" as zoned on the Area Plan for the South 2013. Given the nature of the application it is appropriate to consider General Policy 2 and Business Policy 5 of the Isle of Man Strategic Plan (20th June 2007).
4.2 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:
4.3 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:
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."
4.4 Appendix Seven of the Strategic Plan sets out the parking standards to be applied to new development which states that light industrial, storage and distribution should have one space per 30 square metres nett floor space. - 4.5 The Area Plan for the South specifically comments on Balthane Industrial Estate and states the following:
"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."
4.6 Further: "There is support to improving access to and the generally poor physical environment in Balthane Industrial Estate." - 4.7 Employment Recommendation 1 within the Area Plan for the South 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." - 4.8 Landscape Proposal 19 makes reference to the design of new buildings on Balthane, which does not form a part of this application.
REPRESENTATIONS
5.1 DOI Highways Services has no objection (20.04.2017), noting that the existing vehicular access will be retained unaltered.
5.2 The Fisheries Team within the Department of Environment, Food & Agriculture sought the completion of a '9m within a watercourse' form (07.04.2017). On receipt of this, they sought a condition as follows (22.06.16):
Works adjacent to the stream, including wall construction and infill, should be conducted according to written method statements agreed in advance with the Inland Fisheries Section of the Fisheries Directorate, DEFA.
Reason: to allow DEFA Fisheries to provide advice on a suitable approach, in order to reduce the possibility of injury or disturbance of fish downstream of the proposed site in the Ronaldsburn stream and coastal ASSI."
5.3 Malew Commissioners do not object (26.04.2017). - 5.4 DEFA Environmental Protection Officer has considered the various pieces of information available regarding the nature of the site and potential contamination due to its previous use and development and concluded on 27.07.18, that there is a very low risk of the works contaminating the local area and the soil can be utilised as engineering material for the project in order for the subsequent phases of the development of the site to be pursued. The soil is fit for the purposes proposed.
6.1 While the storage of materials, vehicles and containers is rarely an especially attractive land use, such uses are generally best directed towards industrial estates and especially those of poor form. Despite efforts by many of the business owners to improve the appearance of individual sites and the estate in general, along with planning policies supporting this, the overall appearance of the estate remains poor. The current site makes very little positive contribution to the area and, with appropriate controls, its use for medium-term storage would very likely result in a similar impact, albeit that its use will be more active than is currently the case.
6.2 Such controls would need to be provided by way of condition.
6.3 A condition requiring the submission of a method statement outlining how works adjacent to the stream shall be conducted, as required by DEFA's Fisheries team, is reasonable and appropriate. RECOMMENDATION - 7.1 It is recommended that the application be approved for the reasons outlined, along with the conditions discussed. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
8.2 The decision-maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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.
Decision Made : Permitted Date: 15.08.2018 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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