16 August 2018 · Delegated
Former Peel Gasworks Office, Mill Road, Peel, Isle Of Man, IM5 1ta
This application sought permission to erect a new detached office building to replace the existing one at the former Peel Gasworks Office site on Mill Road, Peel. The site occupies the footprint of the existing building, situated opposite the House of Manannan. The application was permitted on 16 August 2018 under delegated authority. The officer recommended approval, and the decision aligned with that recommendation. Limited detailed evidence is available beyond the site description and the officer's recommendation, so further planning reasoning cannot be set out here.
The application was permitted on 16 August 2018 under delegated authority. The proposal was to replace an existing office building on the same footprint with a new detached office building.
General Policy 2
the general standards of development as set out in General Policy 2 are considered relevant
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Environment Policy 36
Where development is proposed outside of, but close to, the boundary of a Conservation Area
Environment Policy 36: 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. 7.31 Advertisements in Conservation Areas 7.31.1 Some advertisements found and proposed in Conservation Areas are inappropriate and do not reflect the special character and designation of the area. The design of advertisements should respect the physical appearance of the premises in order to integrate re adily with its surroundings. Traditional details, hanging signs and hand painted signage are most appropriate and will be encouraged.
Environment Policy 26
Development will not be permitted on or close to contaminated land unless it can be demonstrated that there is no unacceptable risk
loped land is an important element in achieving regeneration and sustainable development objectives and to improve both the built and living environment. This is supported by paragraph 7.20.2 and Environment Policy 26 of the Strategic Plan. Development proposals on contaminated and/or unstable land, or where previous land use may indicate some level of contamination, must include an assessment of the extent of contamination and/or instability and any possible risks. Transport and Utilities Introduction This Chapter focuses on Transport (roads, public transport, cycleways, footpaths) and Utilities (energy, telecommunications, water supply, sewerage drainage and electricity). This Plan addresses infrastructure issues within distinct C hapters but it is impossible to plan for different kinds of infrastructure in isolation. The work undertaken to support this plan has included comprehensive site assessments looking at all aspects of development and needs in terms of supporting infrastructure, as well as scenario testing work which looked at broad development patterns and the implications on infrastructure as a whole. Issues relating to roads and utilities are often referred to as grey infrastructure and were discussed in the scenario testing work in these terms. Ahead of sections on ' area plan objectives' and 'area plan desired outcomes' in this Chapter, there is a brief discussion of two important long term infrastructure strategies which set the broad context for the preparation of the Area Plan for the East. This Plan incorporates the objectives of both the National Infrastructure Strategy and the Harbour Strategy and is in support of their desired aims. Strategic Plan Implementation - Transport and Utilities The Isle of Man Strategic Plan contains specific strategic policy in respect of transport and other grey infrastructure. The Chapters on Strategic Objectives and Strategic Policies state that development needs to: • optimise the use of previously developed land; • use sites efficiently; • utilise existing and planned infrastructure, facilities and services; • minimise journeys by private car, make best use of public transport, not adversely affect highway safety for all users, encourage pedestrian movement; • be located and designed to promote a more integrated transport network; • encourage the efficient use of energy; • safeguard the efficient operation of the Island's ports for fishing, commercial and leisure use without compromising environmental objectives; and be well served by modern telecommunications without compromising the protection of the landscape. The overall objective for these may be summed up as being to protect pub lic-benefiting utilities and other assets and enable the orderly provision and co -ordination of these and other facilities for the benefit of the community. Since the Strategic Plan 2016 was adopted, some changes have occurred relevant to the services and utilities - changes to titles of service authorities and suppliers and changes to strategies and service types and terms used to describe those types. None of these changes alter the intention of the policies in the Strategic Plan and are thus taken into account in this Area Plan as natural evolutions of business operations. All-Island Strategies National Infrastructure Strategy15 While the Area Plan for the East is a short to medium term document, the National Infrastructure Strategy (NIS) aims to ensure there is an integrated, reliable, secure and resilient provision of Island-wide infrastructure that meets the social and economic needs of the Island up to 2050. The document presents an audit of the Island's current infrastructure, sets out the available capacities for each key asset and identifies any known issues with supply. It then examines a number of factors which could impact on the future provision of the Island's infrastructure: the Island's population and age structure, the spatial distr ibution of development, the economic situation of the Island, climate change, technological change and the need to meet national and international obligations and regulations. Finally, consideration is given to the obsolescence of each of the Island's key assets. Key assets in the East identified in the document are: • Douglas and Laxey harbours • Combined Cycle Gas Turbine (CCGT) facility at Pulrose and the Energy-from-Waste Facility at Richmond Hill • Gas pipeline for Glen Mooar to Pulrose Power Station • LPG stores in Douglas • The Douglas Water Treatment Works • West Baldwin, Clypse and Kerrowdhoo Reservoirs • Meary Veg sludge treatment facility The NIS Strategy identifies the following issues faced by specific assets: • Flood risk to the National Sports Centre, D ouglas Fire Station, Banks Circus bus depot, Douglas Railway Station, Pulrose Power Station and Pulrose Bridge after major flooding occurred in 2015; and • traffic congestion at Quarterbridge and Governor's Hill roundabouts. The Strategy concludes that the Island's key assets are currently ma
Environment Policy 10
Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding
irements of the relevant gas supply agency. Flood Risk 63 There was widespread concern about the adequacy of drainage and the risk of flooding, particularly in parts of Braddan, Onchan and Laxey. Environment Policy 10 of the Strategic Plan indicates that where development is proposed on any site where there is a potential risk of flooding, the prospective developer will be required to submit a flood risk assessment, together with details of proposed mitigation measures. This approach is reinforced in Utilities Proposal 6 of the draft Area Plan, which (among other things) requires the incorporation of Sustainable Drainage Systems (SuDS) into new developments, to attenuate the rate of surface water run-off. I consider these policies to be reasonable. Clearly, without adequate mitigation measures, new building should normally be resisted on land which is at serious risk of flooding, or where the proposed development would increase the flood risk elsewhere. 64 In my view, the format of Utilities Proposal 6 could be improved. First, as a Proposal of the Area Plan, I consider that it should be in a bold typeface, to differentiate it from the supporting text. (The same applies to a number of other policies e.g. Transport Policy 2, and Utilities Policies 2 and 5). Second, there appears to be an error of syntax at the start of the second sentence of Utilities Proposal 6, which should perhaps read 'Strategies to achieve this will include …'. Third, the third bullet point of this Proposal introduces SuDS. Subsequent bullet points describe features of SuDS, and are therefore subordinate to the third bullet point. For clarity, I consider that they should be indented. I recommend that the draft Area Plan be modified accordingly. Sewage Treatment 65 There was also some public concern about the adequacy of the sewerage system, both in terms of its capacity to accommodate the effluent from proposed residential development areas, and in terms of the current practice of discharging untreated sewage into the sea. Infrastructure Policy 1 of the Strategic Plan indicates that developments entailing the erection of multiple dwellings should take place only on sites that will ultimately be connected to the IRIS system, which takes sewage to a treatment works at Meary Veg. (IRIS is an acronym for Integration and Recycling of the Island's Sewage). However, as long ago as 2006/7, a review was undertaken to decide whether to continue with the IRIS strategy. This concluded that it would be beneficial to adopt a regional sewage treatment strategy (RSTS) for those settlements that were not already connected to the IRIS system, including Laxey, Baldrine and settlements in the Central Valley. To that extent, Infrastructure Policy 1 of the Strategic Plan is now out of date. 66 I understand that a planning application will soon be submitted for the development of a local sewage treatment facility for Laxey. Feasibility studies for the provision of a similar facility to serve Baldrine are ongoing. A replacement sewage works at Ballagarey, serving part of the Central Valley became operational in 2018. However, capacity limitations mean that planned development in Crosby is likely to have to rely on standalone sewage treatment for the time being, until the existing treatment works is replaced as anticipated in 2022. The Programme for Government (2016-2021) indicates an intention to complete the regional sewage treatment infrastructure within the lifetime of the present administration. 67 It seems to me that these considerations should be taken into account in the allocation and phasing of land for development. I will return to this matter when considering the draft Area Plan's proposals for housing. Electricity Renewable Energy 68 Peel Energy considered that the Area Plan should contain a detailed and specific chapter on renewable energy, providing measurable criteria against which applications for the development of renewable power generating facilities would be assessed. They cited the States of Jersey Island Plan 2011, which includes such material. And they pointed out that a Climate Change Emergency has recently been declared on the Isle of Man; that a Climate Change Bill is soon to be presented to Tynwald; and that there has been strong public support for the Government's Climate Change Mitigation Strategy. They argued that, in failing to provide detailed guidance on renewable power generation, the Area Plan was inconsistent with the Strategic Plan; and that since the Area Plan post-dated the Strategic Plan, its largely negative provisions would prevail. 69 Energy Policy 4 of the Strategic Plan applies to development proposals for renewable energy generated by wind, water, tidal or solar power. It indicates that any such proposals will be judged against that Plan's environmental objectives. Proposals for wind, water or tidal power would need to be supported by an Environmental Impact Assessment. The supporting text indicates that renewable energy schemes will be given similar scrutiny as is gi
Environment Policy 13
Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted
Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted. 7.13. Agriculture 7.13.1. Agriculture is an integral and vital part of the rural economy and rural society and to a great degree is responsible for the appearance and stewardship of the countryside. The Island's farms not only provide the community with a healthy proportion of meat and vegetable produce but also provide employment opportunities. It is important to sustain agric ultural industry by safeguarding its prime resources, by allowing appropriately designed and sited new buildings (where need is established) and by encouraging conservation -based land management regimes (including appropriate tree and shrub planting). Howe ver, this must not be at the expense of the appearance and character or openness of the landscape, or result in the loss of traditional hedgerows and field boundaries or the loss of limited areas of good quality agricultural land. A recent study on agricultural soils on the Isle of Man (1) revealed that the majority of the agricultural land on the Island (80.26%) fell within Class 3, based on the land use capability class system in England and Wales (classes range from Class 1 to 5, with Class 1 being the mo st versatile land). Class 3 land characteristics can be summarised as land with moderate limitations which restrict the choice of crops and/or demand careful management. Only 4.87% of agricultural land falls within Classes 1 and 2. According to the agricultural land use capability map (figure 4 of the study), all of the Class 1/2 land of which Class 1 is the dominant class can be found in the south of the Island to the east of Ballasalla. New Area Plans will include a general presumption against the rel ease of Class 1 and 2 agricultural land for development. The highest level of protection will apply to the highest graded quality of land with Classes 1 and 2 soils being afforded most protection from development and being taken out of agricultural use. Where there is a proposal to develop land which is categorised in the Agricultural Soils of the Isle of Man report as being mixed Classes 2 and 3, those wishing to develop the land should ascertain which parts of the site represent higher grade of soil wi th these parts being avoided for development purposes. 7.13.2 One of the prime considerations in the determination of development proposals in the countryside will continue to be the conservation and enhancement of the landscape. In terms of the di versification of farms and farm buildings, there may be some circumstances where this may be appropriate and it is acknowledged that small scale enterprises can promote healthy economic activity in rural areas whether this be for commercial, industrial, tourism, sport or recreation uses. There is, however, a general presumption against the introduction of new uses into the countryside (including industrial or office uses): (a) for which there is no local need; (b) which would materially effect the rural character of an area; (c) which would necessitate the creation of new buildings; and (d) which would be more appropriate in industrial zones, business parks or within urban centres. 7.13.3 In recent years there has been increasing demand for new development and buildings in the countryside, particularly for new modern agricultural buildings. Such buildings can have, and in a number of areas already have had an adverse effect on the character and appearance of the landscape, particularly when sited in exposed locations away from building groups and on elevated land. It is important that new development should be compatible with the character of the surrounding area, and the need for n ew buildings in the countryside will be balanced against the harm that development may have on the particular environment within which it is proposed. In terms of new agricultural dwellings, permission will not be granted unless real agricultural need is demonstrated and will in every case be assessed in terms of need, sensitive siting, design, and size, and be subject to an agricultural occupancy condition. (1) Agricultural Soils of the Isle of Man, Harris et al, (Centre for Manx Studies) 2001 7.13.4 It is recognised that there have been considerable changes in the economy in the last twenty years. The number of people in full time agricultural employment has reduced for a number of reasons including increased mechanisation, reductions in the number of farms; and increases in the size of farm holdings. In many cases smaller farms have been amalgamated into larger units to increase economic viability. This has often been accompanied by the sale of former farmhouses and cottages to those who do not earn their employment in agriculture. At the same time there has been an increase in part time involvement in farming either where the income from agriculture is supplemented by other employment or where the person's main employment is not in agriculture but they farm on a part time basis. In considering the applications for new houses in the coun tryside the Department will give careful consideration to agriculture justification based on full time employment in agriculture. See also Section 8.9 in Chapter 8 - Housing.
Business Policy 1
The growth of employment opportunities throughout the Island will be encouraged
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. 9.1.3 This chapter concent rates on the land use implications of business activity, including industry, storage and distribution, office and commercial development, retailing and tourism. 9.1.4 In respect of employment land availability, the Department has undertaken and published an Employment Land Availability Study (1). A summary of this is included in Appendix 9. Across the Island there are some 118 hectares of land allocated for industrial development. Much of this is concentrated around Ballasalla and the Airport. There is, however, a spread of land available across the Island to support employment and regeneration opportunities in each area. Such land will be important to support the regeneration of the Service Centres and the Gateway and Employment role of the Airport area. 9.1.5 The Douglas area has seen by far the bulk of the industrial land take up in recent decades and much of the land allocated for such purposes has been taken up. This is why the Department has resolved to proceed with a Development Order for the development of some 20 hectares of employment land to the south of Cooil Road. A recent report on the take up of industrial land in the Douglas area indicates that it has been faster than anticipated and at current rates that all the land will be required by 2015. While the situation will be subject to detailed assessment in the preparation of the Plan for the East, the Department is satisfied that the release of additional land is both necessary and appropriate at this stage. 9.1.6 The Department has also reviewed planning permissions for office development. The majority of these are focused in the Douglas area. Take up has been low in recent years with the exception of certain relocations to corporate headquarters, such as Skandia. There are a number o f sites still available for new office development, in addition to the existing stock. Of note is the recent trend for sites with office consents to subsequently secure planning permission for residential use. The most notable example being the final pha se of the Villiers development, which now has a residential permission in addition to its partly - implemented office consent. 9.1.7 The following information has been extracted from the Review of Economic Strategy (Treasury 2003) which formed part of the background to the Economic Strategy 2004 approved by Tynwald in October that year. (1) Employment Land Availability Study DLGE 2007 9.1.8 The Isle of Man has enjoyed unprecedented economic success in the last ten years. Over this period annual gross domestic product, or GDP (the value of the economy' s output of all goods and services), has more than doubled in real terms (both absolute and per capita) such that from a deficit of around one quarter, per capita GDP in the Isle of Man now exceeds that of the UK by 7% and the average for the European Union (EU 15) by 10%. 9.1.9 The period 1993 - 2000 saw the economy not only expanding but doing so at an accelerating rate, before slowing in 2000/01. Since 2001 the economy has continued to grow at around 5% per annum (the latest national income accounts revealed growth of 5.9% in 2002/03), meaning that, after the recession in the early 1980's the Isle of Man economy has recorded economic growth in each of the last twenty years. 9.1.10 This economic performance has been led by the financial and related se rvices sectors. The finance industry grew by over 80% between 1996 and 2001 alone. But the table below illustrates that probably all areas of Manx economy are today generating more income in real terms than a decade ago, even it the relative importance o f some, most noticeably manufacturing, has declined. Table One - Sectoral Contributions to National Income 1992/93 v 2000/01 (at 2000/01 prices) Contributions to National Income (£) Real Increase in income generated (%) 1992/93 % 2000/01 % Manufacturing 72.0 11 76.7 6 6.5 Finance 229.7 35 505.4 41 120.0 Tourism 41.0 6 67.7 6 65.1 Agriculture/Fishing 11.7 2 15.8 1 35.0 Construction 46.7 7 89.6 7 91.9 Professional Services 96.7 15 186.1 15 92.4 Utilities, Distribution and Miscellaneous Services 133.1 20 223.8 18 68.1 Pubic Administration 34.6 5 53.6 4 54.9 Total 665.5 100 1,218.7 100 83.1 9.1.11 National income data aside, the clearest indication of the economic success enjoyed by the Island in recent times comes from the labour market. Census results show that the workforce increased from 33,189 in 1991 to 39,685 by 2001, an increase almost identical to that in the total resident population over the period. But the number seeking emp loyment but who were unemployed at the time halved from 1,360 to 635. 9.1.12 Changes in the underlying structure of the economy reflected in the national income accounts are further depicted in the Census statistics below showing the distribution of labour between the different sectors of the economy. Table Two - Employment by Sector 1991 v 1996 1991 1996 2001 No. % No. % No. % Agriculture and Fishing 1,240 3.9 938 2.8 543 1.4 Manufacturing 3,348 10.5 3,562 10.6 3,185 8.2 Construction 3,404 10.7 3,372 10.0 2,512 6.4 Utilities1 513 1.6 462 1.4 515 1.3 Transport and Communications 2,437 7.7 2,688 8.0 2,970 7.6 Wholesaling and Retailing 3,844 12.1 3,692 11.0 4,372 11.2 Finance 4,353 13.7 5,942 17.7 8,959 22.9 ICT2 n.a n.a n.a n.a 361 0.9 Professional Services 5,438 17.1 6,081 18.1 7,296 18.7 Tourist Accommodation 856 2.7 765 2.3 743 1.9 Entertainment and Catering 1,403 4.4 1,156 3.4 2,116 5.4 Miscellaneous Services 2,849 9.0 2,768 8.2 2,373 6.1 Public Administration 2,144 6.7 2,146 6.4 3,105 8.0 Total 31,829 100.0 33,5773 100.0 39,050 100.0 Notes: 1 Electricity, gas and water 2 Not separated out from other sectors until 2001 3 Includes 5 where occupation not recorded 9.2 Industry and Storage and Distribution 9.2.1 The nature of industrial activity on the Island changed very considerably during the last century. The previously dominant primary industries of fishing and agriculture now contribute only 1% to the Gross Domestic Product (GDP) and provide only 1.4% of our total employment, whereas manufacturing contributes 6% to the GDP and provides 8.2% of our employment, and the construction industry contributes 6% to the GDP and provides 6.4% of our employment. Storage and distribution has also become a more important activity, particularly in terms of the demands it makes on land, buildings, and access requirements. 9.2.2 Most of the Island's industry is located close to major transportation links, particularly in the case of Douglas, Braddan and Ballasalla, which all have convenient access to Ronaldsway airport and Douglas harbour. Ramsey and Peel harbours are used for the importation and exportation of large scale good s (fuel, building supplies etc). All of these are conveniently accessible to significant pools of labour. In order to minimise excessive transportation of goods and travel for employees, and to promote sustainable development, much of the Island's future industrial development should continue to be concentrated in these locations, and appropriate areas of land should be made available for such uses in the Area Plans for these parts of the Island. It will also be appropriate, when formulating Area Plans for our smaller settlements, to make provision for the continued operation of small -scale family businesses, particu
Business Policy 7
New office floor space should be located within town and village centres
Business Policy 7: New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space (a) on approved Business Parks for Corporate Headquarters which do not involve day to day callers; or (b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance.
Business Policy 8
New office buildings should, in terms of height and mass, respect the scale and character
Business Policy 8: New office buildings should, in terms of height and mass, respect the scale and character of adjoining and nearby buildings and should accommodate parking space in accordance with the standards specified in Appendix 7 of the Plan. 9.4 Retailing 9.4.1 As with office accommodation, and for similar reasons, retailing is largely concentrated in our town and village centres. Of these, Douglas is the largest and includes branches of many of the shops which are familiarly found in high streets around the UK. However, locally based retailers add variety and interest to our shopping streets, and this is particularly noticeable in Ramsey, Peel, and Castletown. It is interesting to note that in Ramsey and Peel, locally based furniture shops operate successfully from within the town centres, whereas Douglas town centre has now largely lost its furniture shops to edge-of-town or out-of-town sites. 9.4.2 The reasons for directing retail development to town centre sites are essentially those set out in paragraph 9.3.3 in respect of offices, but to these must be added the nee d for there to be a sufficient range and choice of goods available in the one shopping trip, without the need to travel between sites. Experience in the UK illustrates the impact which out -of-town retail development has on the traditional town centre high street and on small village shops, and it is pertinent to note the reversal of policy by the UK Government. The Department therefore proposes to adhere to the established policy which was embodied in the Tynwald resolution of 1987 (see paragraph 9.2.5). 9.4.3 Exceptions to this general policy have been identified in paragraph 9.2.6. In addition, there are community benefits associated with neighbourhood shops (see paragraph 10.6.1). The following general policy is therefore appropriate: