23 December 2011 · Committee
Office Workshop & Premises, Peel Road, Braddan, Douglas, Isle Of Man, IM4 4le
This application sought permission to erect 19 light industrial units with associated external works and drainage on land adjacent to BCS House, Peel Road, Braddan. The site is a contractor's yard situated between Peel Road and the River Dhoo, within an area zoned as Predominantly Industrial. The Planning Committee refused the application on 23 December 2011. The sole stated reason for refusal was that the number of units and the associated floorspace was excessive in relation to the parking spaces provided, resulting in an overly intensive development with insufficient parking. The case officer had recommended approval subject to conditions, but the Committee did not follow that recommendation. Key issues considered during the assessment included land use zoning, highway and parking matters, visual amenity, and the proximity of the site to the adjacent watercourse.
The Planning Committee refused the application despite the case officer recommending approval. The stated reason for refusal was that the proposed 19 units involved too much floorspace relative to the number of parking spaces provided, making the development overly intensive with insufficient parking.
Refusal Reasons
General Policy 2
Isle of Man Strategic Plan 2007
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 7
Isle of Man Strategic Plan 2007
• Mount Murray Golf Club • Onchan Park • West Baldwin Reservoir Car Park • Clypse Kerrowdhoo Reservoir Car Park • Conrhenny Car Park • Ballanette Nature Reserve • Axnfell Plantation Natural Environment Proposal 7 Proposals for development in the vicinity of Dark Sky Discovery Sites are to have minimal outdoor lighting and be encouraged to have a design response which is non-intrusive into the darkness of night. Baffling and directionality of lighting must be sensitive to contain any necessary lighting within a subject site only. Watercourses and Wetlands The collection of hills in the East has produced a network of mountain streams which gradually join and widen to become the rivers flowing out into Douglas Bay, Port Groudle and Laxey Bay. Several of these rivers fro m the natural boundaries between the Eastern Parishes. A non-exhaustive list of streams and rivers in the East includes: Crammag River Injebreck River Creg-y-Cowin River West Baldwin River Awin Ny Darragh Baldwin River River Glass Greeba River River Dhoo Santon Burn Crogga River Middle River Laxey River Glenroy River Groudle River Ballacottier River River Douglas It is likely that these streams and rivers, similar to most of the Island's watercourses, support populations of European Eels - classified by the International Union for the Conservation of Nature (IUCN) as Critically Endangered - and Brown Trout. Most rivers with good fish passage from the sea, including the Dhoo, Glass, Laxey and Santon Burn, contain populations of salmon and sea trout. The Dhoo and Glass are known also to support populations of brook (and possibly river) lamprey. Many of the tributary streams to the major rivers, although small, provide valuable additional spawning and nursery areas for salmonids and lampreys. There are four reservoirs in the East: Eairy Dam, Injebreck, Clypse and Kerrowdhoo. The proposals in this plan for additional housing in the East are likely to have an impact on the water levels in these reservoirs and consequently on the compensation flows within the downstream rivers. DEFA reports that i n recent years there has been evidence of low summer flow below Injebreck reservoir in the River Glass. It is suggested that any reduction in flow in the River Glass could have consequences for the ecology of the river, including fish populations. DEFA has highlighted evidence that artificial light from new housing close to rivers may have a detrimental impact on migratory salmonids. The reservoirs in the East are home to wild brown trout and Injebreck, Clypse and Kerrowdhoo are stocked with rainbow trout for visiting anglers. This Plan recognises that the economic value of the recreational fishing industry depends both on healthy fish stocks and high recreation and visual amenity. The ecological services provided by the Island's watercourses and wetlands are considerable, including carbon storage and natural flood mitigation. An undeveloped corridor of land between the river bank (measured from the edge of th e river channel) and any riverside development is required to allow for natural changes in the position of the river channel, as well as in water levels . The natural vegetation and physical structure of a river bank also provides a wildlife corridor for non-aquatic species. Natural Environment Proposal 8 Proposals for new development in the Plan Area which intend a connection to the Injebreck Reservoir for its water supply must demonstrate that as a consequence of this new development, water levels will n ot be so affected as to have a detrimental effect on normal flows. Natural Environment Recommendation 2 It is recommended that ahead of making any applications for development close to the reservoirs, watercourses and wetlands in the East, applicants must discuss such proposals with DEFA to establish the need for specific design elements to be taken into account . This may include : the impact of artificial light from the development on migratory fish species, buffer distances from the river bank and visual amenity. Marine Protected Areas and Marine Conservation Zones Increased efforts are being made to protect the health and biodiversity of the marine environment as well as the economic and social benefits which effective management of marine resources brings. Marine protected areas are areas of the sea that are protected from fishing and other impacts, with the aim of restoring habitats and supporting sustainable fisheries. The Isle of Man currently has ten Marine Protected Areas around our coast, encompassing 10.4% of Manx waters. One of these is the Sea Fisheries Restricted Area at Laxey Bay which was established in 2009 with the intention of enh ancing the scallop stock and later seeded with juvenile scallops. In 2008 , Douglas Bay closed to mobile fishing gear. Its current status is as a Marine Conservation Zone, though there is an intention to designate the Bay as a Marine Nature Reserve. Marine Nature Reserves are designated to conserve their flora,
Business Policy 5
Isle of Man Strategic Plan 2007
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 viabil ity of the appropriate town centre shopping area. 9.2.7 Where industrial development is proposed, it is essential that all parking and manoeuvring by vehicles which will be generated by the use of the site can be accommodated within the site and off the highway. This is particularly important within industrial estates where lack of parking and manoeuvring space can create significant difficulties for other estate users, particularly where the use of large and articulated vehicles is involved. Where mezzani ne levels are proposed after a building has been completed, the Department may require more parking space to accommodate the additional traffic which would be generated. The standards of parking provision which will be required are set out in Appendix 7. 9.2.8 Local requirements for industrial development of a particular sort will be identified during the preparation of Area Plans. The Department is aware that, within some parts of the Island, there is a demand for small "starter units".
Transport Policy 4
Isle of Man Strategic Plan 2007
Transport Policy 4: The new and existing highways which serve any n ew development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. 11.3.2 Notwithstanding policies within this plan which encourage travel by means other than private car it is anticipated that the number of vehicles using the Island's roads will continue to increase. This increase in demand is likely to lead to a greater need for road impro vements in order that travel can take place in a safe, effective, and environmentally acceptable manner. The Department of Transport will continue to assess the need for such improvements to public highways and undertake works where appropriate, with much of the improvement within existing roads carried out under the provisions of the Town and Country Planning (Permitted Development) Order2005. The need for improvements to the Island's highway network must be balanced against the environmental objectives of this plan.
Transport Policy 7
Isle of Man Strategic Plan 2007
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. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
Approval in principle for creation of light industrial units with associated offices and parking to replace existing builder's yard and offices, off Peel Road, Braddan
granted
Approval in principle for construction of light industrial unit, land adjacent to Parkinson offices, Peel Road, Braddan
permitted on review
Approval in principle to the erection of a warehouse and dispatch area
permitted on review
Construction of new factory unit
Approval in principle to erect warehouse and office unit