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1273 4.2 V.1.4 DECEMBER 2019 1.0 Introduction ..... 2 2.0 Site \& Surroundings ..... 2 3.0 Planning History ..... 3 4.0 The Proposal ..... 4 5.0 Access \& Parking ..... 5 6.0 Drainage ..... 7 7.0 Environmental Protection ..... 7 8.0 Planning Policy ..... 8 9.0 Merits of the Proposal ..... 15 Appendices A Decision Notice [P.A. 16/00423/A] B Decision Notice [P.A. 17/00378/B] C Statement Re Drainage \& Flood Risk D Site Investigation Report E 9m Watercourse Proximity Form F License to Cut Down [...] Trees [№ 530/19]
1.1
1.2
1.3
1.4
The Balthane Industrial Estate (BIE) is delineated on Map 4 to the Area Plan for the South (cf. §8.1). The Site is contained entirely within the boundaries of the BIE.
The total area of the land contained within the Site is $3575 \mathrm{~m}^{2}$ (excluding the area of a 2 m wide footpath of the adjacent highway), or some 0.36 hectares. when measured on a horizontal plane.
The Site lies on the south side of Balthane Road, some 400 m south east of its junction with Douglas Road. The Site is bound:to the north-east by Balthane Road; e) to the south-east by a watercourse referred to as the "Ronaldsburn" with a recycling facility to the far side of the watercourse operated by JCK Limited. s) to the south-west by industrial units including a yard and offices of JCK Limited and also a residential property referred to as "The Court"; and w) to the north-west by industrial units; 2.4
The Site is not within, in the vicinity of, or in a sight-line from, any Conservation Area. The Site does not contain any Registered building, nor is it in the vicinity of any Registered building.
2.5 The Site previously contained a LPG gas storage facility. Through changes to local gas infrastructure, the facility had become redundant with no reasonable prospect of its in situ equipment or structures being re-purposed.
2.6 The Site topography previously had a gradient from a low point at the south-east corner to a high point at the north-west corner with a maximum level difference of some 2.9 m . The Site has extant Planning consent to level the topography (cf. §3.5) which is in the process of being exercised, including the removal of redundant structures.
2.7 The north-east boundary, facing the public highway, is currently a stone wall that curves in plan towards the existing entrance gates. The walls to this access each have a radius of 5.0 m and the access width between the existing stone posts is 3.8 m . The existing gate is approximately 11 m from the edge of the carriageway of Balthane Road, and approximately parallel to it.
A number of applications have been submitted concerning the same Site. 3.1 P.A. 88/00792/B was approved for:- "Installation of two storage tanks." This approval was apparently exercised. 3.2 P.A. 96/00020/B was approved in July 1996 for:- "Installation of 2 no. additional 24 tonne LPG storage tanks."
This approval was apparently exercised. 3.3 P.A. 13/91404/A was approved in April 2014 for:- "Approval in principle for the demolition of existing gas storage facility and erection of 11 light industrial units and associated parking." 3.4 P.A. 16/00423/A was approved in August 2016 for:- "Approval in principle for the demolition of existing gas storage facility and erection of 11 units for purposes of general industrial or light industrial or storage and distribution along with associated parking."
This approval remains extant pursuant to its first condition and §14 of the Town and Country Planning (Development Procedure) № 2) Order 2013:- "The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two
years from the date of approval of the last of the reserved matters."
Although the approval in principal remains extant, time limitation for submission of a Reserved Matters application was reached two years after the date of the approval, pursuant to the second condition. The associated Decision Notice is appended in full to this Statement (cf. Appx. A). 3.5 P.A. 17/00378/B was approved in August 2018 for:- "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."
This approval remains extant pursuant to its first condition:- "This approval relates to the use of the site for the storage of construction equipment, vehicles and materials until 31" December, 2027."
The associated Decision Notice is appended in full to this Statement (cf. Appx. B). This application is currently in the process of being exercised, with much of the development (thought to have been approved under P.A. 88/00792/B and P.A. $96 / 00020 / B$ ) having been demolished.
4.1 The Proposal concerns the construction of 11 № industrial units together with requisite vehicle parking provision. The design is close to an outline scheme submitted under P.A. 16/00423/A (cf. §3.4), incorporating the retaining walls approved under P.A. 17/00378/B (cf. §3.5). 4.2 The 11 № units would comprise 4 types, contained within 3 separate structures, arranged around a central parking and manoeuvring area or "courtyard":- a) Block A would comprise Unit №s 01 to 03 inclusive, each unit having a nett internal area of $95 \mathrm{~m}^{2}$, situated close to and along the east boundary of the Site, with accesses facing westwards onto the courtyard; b) Block B would comprise solely Unit № 04, with a nett internal area of $113 \mathrm{~m}^{2}$, situated along the south-west boundary of the Site, with a vehicular access facing eastwards onto an area of parking and a principal pedestrian access facing north onto the courtyard; and c) Block C would comprise Unit №s 05 to 11 inclusive situated close to and along the north-west boundary of the Site. Unit №s 05 to 09 inclusive would have a maximum nett internal area of $189 \mathrm{~m}^{2}$ each (cf. §4.3), having accesses facing east onto the courtyard. Unit №s 10 and 11 would both have a nett internal area of $74 \mathrm{~m}^{2}$ each with accesses facing north-west towards the highway.
Unit Nos 05 to 09 inclusive would each have a $126 \mathrm{~m}^{2}$ NIA at ground floor. Partial mezzanine floors to these units would measure up to a maximum $50 \%$ of the ground floor area below. This would give a total area of up to $189 \mathrm{~m}^{2}$ NIA to those units, upon which a maximum parking provision requirement has been calculated (cf. $\S 5.1 ; \S 8.5$ ).
All three blocks A, B and C would have coated metal cladding to the roofs with uPVC or coated metal rainwater goods to complement the appearance of the cladding to the walls. The walls to both Block A and Block C would be clad in horizontally laid, coated metal cladding panels with a mid-level band in a complementary finish, to help establish a uniform appearance to the development. The walls to Block B (Unit № 04) would be partially finished with painted cement render and otherwise coated metal cladding panels, laid in a vertical orientation, to distinguish this block from the others as both a focal point and as a 'bookend' to the development.
Doors to vehicular accesses to the units (other than for Unit Nos 10 and 11) would be roller shutter or sectional doors with a coated metal-face to complement the appearance of the cladding panels. Pedestrian doors to the units would be similarly finished.
Unit Nos 01, 10 and 11 would feature glazed curtain walling in those elevations facing Balthane Road. These would be the most visible elements of the Proposal from the public highway and would be framed in uPVC or powder-coated aluminium. Due to the position and orientation of Unit Nos 10 and 11, both would feature a large, openable aperture incorporated within the curtain walling system, in order to maximise the flexibility of those units in lieu of a dedicate vehicular access. These would be for infrequent use as opposed to the vehicular accesses described at $\S 4.5$ of this Statement.
The central parking and manoeuvring courtyard and also ancillary parking adjacent to Unit № 04, would be of impermeable hard standing, with the car parking spaces delineated in markings on the finished surface. The top finish of the hard standing will be dependent on the requirements that the various occupants and users of the units. The approval of the Application could therefore be conditioned, so that the full details of the hard standing are submitted to the Department to be discharged by written approval prior to the commencement of works.
Fifty (50 №) car and van parking spaces are proposed and would be arranged according to the requirements of the Private Commercial Road type, as defined in Manual for Manx Roads (MfMR), wherein the following design parameters are given:- a) Entrance radii of 7.5 m to 15 m "depending on type of development and form / frequency of traffic movement";
The stone wall to the north-east boundary (cf. §2.6) would be demolished. The existing entrance radii of 5.0 m would be enlarged to a proposed 7.5 m ; b) Access width of 6.1 m ;
The existing Site entrance width of 3.8 m would be widened to 6.1 m . The primary access routes through the courtyard would be 6.1 m wide. Where this splits into 2 routes, to either side of Block B, both routes would also have 6100 mm clear width; c) Entrance gates 10 m to 15 m back from carriageway edge;
Although no entrance gates are proposed, there would be a minimum 10 m of clear space from the edge of the carriageway of Balthane Road; d) Gradient of $5 \%$ or 1:20 maximum
The vehicular access would have a gradient of 1:24 for a length of approximately 10 m from the edge of the carriageway of Balthane Road into the Site. e) Visibility $x=2.4 \mathrm{~m}, y=$ "refer to MfS and dependent upon target speed";
The vehicular access is situated to the outside of a bend on Balthane Road, giving good visibility in both directions. Visibility splays are shown on the basis of $x=2.4 \mathrm{~m}$ and $y=59.0 \mathrm{~m}$, derived from a stated Stopping Sign Distance (SSD) at 37 miles per hour, adjusted for bonnet length, as shown in Table 7.1 of MfS [Department for Transport, Manual for Streets, Thomas Telford Publishing, 2007]. f) "For developments fronting major industrial access roads and most industrial access roads, on-site HGV manoeuvring facilities must be provided. Loading areas away from the highway are required."
Where the two access routes meet at the centre of the courtyard, a 15 m diameter clear space is provided with a further $9 \mathrm{~m} \times$ 5 m adjacent reversing space given, formed by the access to Unit Nis 08 and 09. Swept path analysis has been carried out by BB Consulting Engineers Limited, demonstrating the manoeuvrability of the largest vehicle type anticipated.
5.2
Swept path Analysis was conducted on the following vehicle type:-
11.6m Refuse Vehicle Overall Length ... 11,600 mm Overall Width ... 2,530 mm Overall Body Height ... 3,211 mm Minimum Body Ground Clearance ... 416 mm Track Width ... 2,530 mm Lock-to-Lock Time ... 4.0 seconds Kerb-to-Kerb Radii ... 9,950 mm
The above vehicle would be capable of manoeuvring within the Proposal by way of a three-point turn as shown in swept-path analysis provided by BB Consulting Engineers Limited.
5.3
Pre-application consultation was sought with Highway Services by submission of a Request for Pre-Application Advice form in August 2019. Despite a telephone call acknowledging receipt, no further correspondence has been received from Highway Services in this matter. The Applicant can only assume that Highway Services have no material objection to the Proposal.
6.0
6.1
BB Consulting Engineers Limited have prepared a separate statement regarding drainage and flood risk (cf. Appx C), upon which the Manx Utility Authority (MUA) have been consulted. The Site is not is not outlined as at risk on current flood maps issued by the MUA.
6.2
Surface water from the proposed units and hardstanding would be discharged into the Ronaldsburn watercourse via a by-pass oil interceptor, as is required by the Department of the Environment, Food and Agriculture (DEFA) to prevent pollutants from entering the watercourse. The proposed surface water drainage system would remain private and would not be adopted.
6.3
Foul drainage from the Proposal would be connected into an on-site sewage treatment system, by agreement with MUA. Greater information can be found within the statement prepared by BB Consulting Engineers Limited (cf. Appx C). The proposed foul water drainage system would remain private and would not be adopted.
A Site Investigation Report (cf. Appx D) was previously commissioned to investigate the possibility of contamination of the Site. The assessor concludes, at page 5, that:- "this site is not a significant contaminated area, according to the testing indicators [...] and should not be classified as Contaminated Land"
As the Site is within 9 metres of a watercourse, consultation previously took place with the Fisheries Directorate of DEFA during the course of the In Principal application, P.A. 16/00423/A (cf. §3.4) and no restrictions on the period of construction were required. A 9 metre proximity form is appended to this Statement in respect of the detailed Proposal (cf. Appx E).
The Site previously contained 14 № trees. Of those, 5 № have since been felled under license № 530/19 (cf. Appx F) to facilitate the works approved under P.A. 17/00378/B (cf. §3.5), identified as T. 01 to T. 05 inclusive on the submitted tree plan. Of those remaining trees, none are considered to contribute significantly to the visual amenity of the Site and, in relation to the proximate open countryside, considered to be relatively inconsequential in terms of relative ecological amenity, particularly given the previous use of the site: a) there are 7 № trees immediately east of the existing vehicular access which together have grown unchecked to form an area of overgrown scrub, identified as T. 08 to T. 14 inclusive; b) the other 2 № are to the west of the access but further from the Site boundary, apparently more mature but of a non-native species, identified as T. 06 and T. 07 on submitted plans;
Permission is expressly sought under the Application to fell the remaining 9 № trees, T. 06 to T. 14 inclusive, in order to facilitate the redevelopment of the Site to its full potential as zoned in the Area Plan.
The principal planning policy documents relating to this application are:- a) the "Isle of Man Strategic Plan" of 2016 (the Strategic Plan); b) the "Area Plan for the South" of 2012 (as amended) (the Area Plan).
Chapter 1 of the Strategic Plan describes the requirements for, and relationships between, the Strategic Plan and requisite Area Plans. §1.4.4 of the Strategic Plan states in full:- "In the case of any inconsistency between the provisions of the Strategic Plan and the provisions of an Area Plan, whichever came into force later will prevail." The Strategic Plan came into force later than the Area Plan. The Strategic Plan prevails in the event of any inconsistency.
"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;
The Site is part of that land keyed on Map 4 to the Area Plan as having Industrial/Business Park land-use zoning, and is labelled "Ind". The Site is not shown as being within any Proposal Site defined in the Area Plan Written Statement or explicitly identified on Map 3 to the Area Plan. The Site is not, therefore, the subject of a Development Brief or design 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;
The Proposal has been designed to employ the Site as effectively as possible in its redevelopment, and has balanced the massing and situation of blocks A, B and C (cf. §4.2) with the surrounding built and natural environment. In this respect, appropriate margins are proposed from adjacent properties and the adjacent watercourse. c) does not affect adversely the character of the surrounding landscape or townscape;
The character of the BIE is described, in somewhat critical terms, at $\$ 6.8 .2$ of the Area Plan Written Statement:- "[...] 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."
The character of the Proposal seeks to provide a contemporary appearance where it faces the public highway by providing extensive areas of attractive glazed curtain walling (cf. §4.5). This is considered an improvement not only to the current condition of the Site itself, but also the attractiveness of the particular section of Balthane Road where it runs through the BIE.
does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
Environmental considerations in respect of the Ronaldsburn watercourse are set out at $\$ 7.2$ of this Statement. does not affect adversely public views of the sea; The Site is not in an elevated position relative to the surrounding landscape. The surrounding natural topography precludes views towards the sea at ground level. The Proposal cannot, therefore, be said to affect public views of the sea. incorporates where possible existing topography and landscape features, particularly trees and sod banks;
During the design development of the Proposal it became apparent that, given certain criteria (including quantum of parking and surface water attenuation), the position of the existing trees would considerably limited the redevelopment potential of the Site if they were to remain. As discussed previously (cf. $\$ 7.3$ ), the trees found on the Site are not considered to add significantly to the visual amenity of the Site, nor the ecological amenity. The planning officer's report in respect of P.A. 13/91404/A (cf. $\$ 3.3$ ), at $\$ 6.3$, notes:- "[...] The proposal would result in the loss of some existing landscaping which fronts onto the main highway, although this is not maintained currently and does not add especially to the visual amenities of the industrial estate. The submitted layout would result in the frontage of the site being hard surfaced to be utilised for parking. Whilst this is not beneficial to the street scene, this layout is very common within the industrial estate and similar arrangement has recently been approved nearby (13/00197/B). Overall, it is considered an arrangement of units as shown would be appropriate for the site, and would potentially not unduly affect the visual amenities of the street scene."
The Applicant concurs with the Planning officer's findings. Moreover, the natural topography of the brown field Site has already been affected by its previous use as a gas storage facility. The Site has extant planning consent to level the Site to the topography required by the Proposal (cf. $\$ 3.5$ ), which is also necessary for the surface water drainage strategy and the interception of pollutants from entering the Ronaldsburn.
The nearest residential property is referred to as The Court. The planning officer's report in respect of P.A. 13/91404/A (cf. §3.3), at $\$ 6.5$, notes:- "[The Court] is a single storey bungalow located 20.8 metres to the southeast of the proposed unit 4. This unit would be the unit which would most affect the amenities of the occupants of this property. [...] There are no detail designs of the proposed units, so a full assessment cannot be made at this stage. However, it is considered the scheme as shown, with unit four siting, distance and directly facing the gable end of the property, it is considered this would not significantly affect the residential amenities (loss of light and/or overbearing impact) to warrant a refusal[...]"
The detailed design of Unit № 04 has considered the effect on residential amenity so as not to cause loss of light or otherwise an over-bearing impact through its massing. 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;
The proposed parking provision is set out at $\$ 5.1$ and compliance with Parking Standards is set out at $\$ 8.5$ of this Statement. i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
As discussed at $\$ 5.2(\mathrm{e})$ of this Statement, the Proposal makes use of an existing access with good visibility. Minor adjustments have been made to a design previously submitted for Approval in principle, in order accord with the relevent criteria of the MfMR, a guidance document published following the Planning applications previously made in respect of the Site. The planning officer's report in respect of P.A. 13/91404/A (cf. §3.3), at $\$ 6.4$, notes:- "[...] Highway Services have considered the scheme in terms of parking standards, manoeuvrability of vehicles within the site and highway safety matters and have no objection to the proposal."
As set out at $\$ 5$ of this Statement, the Applicant submits that the minor adjustments made following the issuance of MfMR by the Department of Infrastructure are an improvement in terms of manoeuvrability, visibility and pedestrian safety. j) can be provided with all necessary services; The Site is capable of connection to all required utilities.
does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
All land parcels surrounding the Site have already been developed. The Proposal would not prejudice the existing uses of the surrounding land. Moreover, those already established uses of the surrounding land would not preclude the proposed use sought for the Site. is not on contaminated land or subject to unreasonable risk of erosion or flooding;
It is established that the land of the Site should not be treated as contaminated land (cf. $\S 7.1$ ) and that there is no flooding risk to, or otherwise arising from, the Proposal (cf. §6.1) takes account of community and personal safety and security in the design of buildings and the spaces around them;
The proposal is designed with due regard to security and personal safety. Previous concerns regarding the conflict of vehicular and pedestrian traffic have been addressed through the increased manoeuvrability space and sufficient margin from all vehicular movements to all pedestrian accesses. is designed having due regard to best practice in reducing energy consumption.
The proposal is designed with due regard to the reduction of energy consumption, with a scheme that will comply with the requirements of Building Regulations. The arrangement of the units themselves is made to maximise their versatility, with the anticipation that they be re-purposed as required for various uses during the course of their life cycle.
The proposal accords with all subsection requirements of General Policy 2.
Strategic 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."
Area Plan, Employment Proposal 1, under $\$ 6.8 .7$ 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 Man Strategic Plan Business Policy 7, will be located on the Industrial Estate at Balthane and where appropriate Ronaldsway and the Freeport."
The planning officer's report in respect of P.A. 13/91404/A (cf. $\$ 3.3$ ), at $\$ 7.1$, concludes in its recommendation:- "[...] it is considered that the planning application is in accordance with General Policy 2 and Business Policy 5 of the Isle of Man Strategic Plan 2007 and the Area Plan for the South [...]"
In this respect the Proposal remains unaltered. The Proposal remains compliant with Business Policy 5.
"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 at Appendix 7 of the Strategic Plan. Each Type of Development gives a respective parking requirement by floor area. These include, inter alia:- "Light industrial, research and development: 1 space per 50 square metres nett floor space." "General industrial: 1 space per 50 square metres gross floor space." "Storage and distribution: 1 space per 100 square metres gross floor space." The Strategic Plan, at $\$ 9.2 .3$ provides the following definitions. "'light industrial building' means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles; the use of light industrial buildings for research and development of products or processes is permitted by the Town and Country Planning (Permitted Development) Order 2005. 'general industrial building' means an industrial building other than a light industrial building or a special industrial building;
'special industrial building' means an industrial building used for the carrying on of processes (including storage) which may be particularly offensive by reason of noise, smell, vibration, smoke, soot, ash, dust, grit, or fumes, or dangerous by reason of the storage or use of dangerous or inflammable material, or inimical to public health by reason of vermin or other causes."
For the purposes of measuring the maximum required number of parking spaces that would be required by the Proposal, the whole of the Site is measured against the Light industrial, research and development Type of Development, or 1 space per $30 \mathrm{~m}^{2}$ nett floor space, notwithstanding that General industrial and Storage and distribution uses are also sought in respect of the Proposal and that these uses have a lower parking requirement. The nett floor areas for each block stated at $\$ 4.2$ of this Statement are:- a) $285 \mathrm{~m}^{2}$ NIA in respect of Block A; b) $113 \mathrm{~m}^{2}$ NIA in respect of Block B; and c) (up to) $1093 \mathrm{~m}^{2}$ NIA in respect of Block C.
This gives a total nett floor area of $1491 \mathrm{~m}^{2}$ and a parking requirement of 49.7 parking spaces at 1 space per $30 \mathrm{~m}^{2}$ nett floor space. The parking provision is described at $\$ 5.1$ and notes that 50 № car and van parking spaces would be provided. The planning officer's report in respect of P.A. 13/91404/A (cf. $\$ 3.3$ ), at $\$ 6.4$, notes:- "[...] Highway division have considered the scheme in terms of parking standards, manoeuvrability of vehicles within the site and highway safety matters and have no objection to the proposal."
The proposal strictly complies with Transport Policy 7, notwithstanding that the uses sought and possible omission of mezzanine floors have the potential to reduce the actual parking provision requirement. Although there has been further amendment to the layout over that previously submitted for Approval in principle, this has been made to further improve manoeuvrability and in accordance with the street type requirements of MfMR (cf. §5), a document which has since been issued by the Department of Infrastructure.
The Proposal would realise the land use zoning proposed in the Area Plan and maximise the efficient use of the land whilst complying with current regulatory criteria.
The proposed external appearance of the buildings is compatible with the surrounding area and existing built environment yet enhancing the streetscape, in accordance with the stated objectives of the Area Plan in an area cited for its current substandard appearance.
The Proposal makes careful consideration of the surrounding natural environment and makes provisions for its protection, both in the Proposal’s construction and use.
The Proposal sets out detailed matters in respect of a previous In Principal application, for which consent remains extant. The Proposal also complies with a later extant approval for the demolition of redundant structures and levelling of the Site, which has commenced.
Following marketing efforts by the Applicant, the Proposal has garnered significant interest from prospective purchasers and end-users, a strong indication of the Proposal’s potential benefit to the local economy both for the duration of its construction and during its subsequent occupation by end users.
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