Erection of 19 light industrial units with associated external works and drainage
Site Address :
Land Adjacent To BCS House Peel Road Braddan Douglas Isle Of Man IM4 4LE
Case Officer :
Mr Ian Brooks
Photo Taken :
Site Visit :
Expected Decision Level :
Planning Committee
This application is recommended for consideration by the Planning Committee rather than under delegated powers at the request of the Development Control Manager due to the scale of the development.
The Site
The application site is a contractor's yard located between Peel Road and the River Dhoo. The application site is located within an area zoned as "Predominantly Industrial" within the Braddan Parish District Local Plan. The site is not located within a Conservation Area.
The application site also comprises BCS House, which is located on the Peel Road frontage of the site.
Proposed Development
The application is seeking planning permission for the erection of 19 light industrial units, parking, hardstanding and drainage.
All units comprise of ground and mezzanine floor accommodation.
Each unit has a dedicated hardstanding area for delivery vehicles and 1no. private parking space. Additional shared spaces are available elsewhere on the site.
The application is also proposing to provide 38 parking spaces for the industrial units and 17 spaces will be provided to service the existing BCS House and act as overflow parking for the development.
Planning Status And Relevant Policies
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Environment Policy 7, Business Policy 5, Transport Policy 4 and 7
Transport Policy 4 states that "The new and existing highways which serve any new 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."
Transport Policy 7 states that "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
Planning History
The following previous applications are considered relevant in the consideration of this application:
98/01809/A – 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
93/01466/A - Approval in principle for construction of light industrial unit, land adjacent to Parkinson offices, Peel Road, Braddan – permitted on review
87/01237/A - Approval in principle to the erection of a warehouse and dispatch area - permitted on review 87/00002/B - Construction of new factory unit - refused 86/01403/A - Approval in principle to erect warehouse and office unit - refused
Representations
Braddan Parish Commissioners have no objection to the application.
Highways Division of the Department of Infrastructure have verbally indicated that they have no objection to the scheme.
Fisheries Directorate of the Department of Environment, Food and Agriculture have stated that the application does not comply with guidance set out in the Isle of Man Strategic Plan re development within 8 metres of a watercourse.
The Isle of Man Water and Sewerage Authority do not object subject to conditions.
Assessment
The main issues in respect of this application are 1) the land use zoning of the site; 2) highway/parking issues, 3) visual amenity and 4) impact on the adjacent watercourse. The following paragraphs deal with these issues in the above order.
Land Use Zoning
The development is compatible with the land use zoning of the area, which is Predominantly Industrial within the Braddan Parish District Local Plan. It is considered the principle of developing the site for light industrial use to be acceptable in this locality; however, there are other material considerations to be taken into account in order to determine whether the proposed development is acceptable.
Highway/Parking Issues
In respect of parking provision, the appropriate parking standard within the Strategic Plan is the standard for light industrial uses, which requires 1 space for every 30 square metres of nett floor space. The proposed development will provide approximately 1897.1 square metres of nett floor space. This would equate to 63 spaces. The total number of spaces being provided within the development will be 38 spaces. However, the application also makes provision for 17 spaces to service the existing BCS House, which will also act as a overflow carpark for the proposed development.
The car parking standards may be relaxed where development:
(a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or
(b) would result in the preservation of a sensitive streetscape; or
(c) is otherwise of benefit to the character of a Conservation Area.
(d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality.
The application site is located off the Peel Road, which is a road is a major bus route into and out of Douglas. The applicant has not demonstrated that the reduced level of parking will not result in unacceptable on-street parking in the locality; however, it must be acknowledged the site is within walking distance of a bus route. The application also makes provision for bike parking. Furthermore, the Highways Division have not raised any concerns about the level of parking for the development.
In summary, the proposed parking provision does not accord with the policies in the Strategic Plan. However, it is considered that the reduced car parking provision and the provision of cycle parking, which would help to promote sustainable transport objectives, is acceptable.
In respect of Highway Issues, the Highway Division were concerned about visibility from the access road onto Peel Road. The applicant has provided additional information to allow the Highways Division to assess the suitability of the junction. The Highways Division have verbally indicated they do not oppose the application.
Visual Amenity
In respect of the visual impact of the development on the general locality, the proposed buildings will be set on a lower ground level to Peel Road and within the valley. The proposed development would not look out of character within an industrial estate setting. The proposed buildings are relatively modest in scale and makes use of modern materials. There are a line of trees running along the boundary of the site fronting onto Peel Road. The plans indicate that the trees are to be retained, which will obscure the proposed development. The existing site is currently an unkempt site and is in need of being redeveloped, as the site does not make a positive contribution to the visual amenities of the locality. The proposal will not adversely affect the visual amenities of the locality.
Impact On The Adjacent Watercourse
In respect of drainage, the application is proposing to discharge treated foul water via a package treatment plant into the River Dhoo. Department of Environment, Food and Agriculture (DEFA) have received details of the sewage treatment plant details from the agents, that they I would require for the discharge licence application to progress, when they do eventually decide to proceed. DEFA have indicated as far as the extent of their remit goes, which is foul drainage and disposal to a watercourse, they can now say in principle the proposal looks viable and appropriate. However, they can't guarantee the success of any application as that will be down to the public consultation process. There is uncertainty, at this moment in time, whether the site will have a foul drainage system. It is recommended that a condition be attached along the lines of "No development shall take place until the details of the discharge of the foul water have been approved by the granting of a discharge licence from the Department of Environment, Food and Agriculture or details of an alternative method of treatment of foul water have been submitted to and approved in writing by the Planning Authority, and implemented in full prior to occupation of the building hereby approved."
This condition would ensure the development does not take place until the discharge licences has been issued.
The Fisheries Directorate have stated "The department has some concerns regarding this application due to the close proximity of the associated river. Any proposed development must be a minimum distance of 8 metres from the watercourse in order to minimise the risk of damage or distance. Measures must be in place during construction works to safeguard the nearby watercourse from any run-off and sedimentation."
The proposed buildings are set a minimum distance of 8m away from the River Dhoo so as minimise the impact of the development on the watercourse. The only part of the development coming closer to the watercourse is a Head Wall for the proposed drainage system. This is a very minor element of the proposed works and should not cause undue harm to the watercourse; however, if Planning Committee feel the watercourse should be protected, a condition could be attached to the planning permission requiring a method statement which set out how the developers will safeguard against run-off and sedimentation during the construction phase of the development.
Recommendation
It is recommended that planning permission be granted subject to conditions in the attached schedule.
Party Status
The local authority [Braddan Parish Commissioners] is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status.
The Highways Division is part of the Department of Infrastructure of which the planning authority is part of. As such, the Highways Division cannot be afforded party status in this instance.
Fisheries Directorate of the Department of Environment, Food and Agriculture and the Isle of Man Water and Sewerage Authority have sufficient interest in the application site due to the close proximity of the River Dhoo and therefore should be afforded Party Status.
Post-Committee Report
Following consideration of the case officer's report at the 22nd December 2011 Planning Committee meeting, the Committee passed a resolution to refuse the application. The application was refused for the following reason:
"The proposed number of units/floorspace is excessive relative to the number of parking space resulting in a potentially over-intensive development with insufficient parking provision contrary to the Strategic Plan."
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 13.12.2011
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the erection of 19 light industrial units with associated external works and drainage as shown in drawing numbers 11-070 01, 1994/10/01, 02, 03, 101, 102, 103, 104, 105, 106, 107, 108, 110 and 10TS010-01 date stamped 3rd October 2011. Planning Statement relating to Site Drainage prepared by BB Consulting Engineers and Design Statement date stamped 3rd October 2011.
C 3. The units may be used for light industrial (Class 5 of Schedule 4 of the Town and Country Planning (Permitted Development) Order 2005) purposes only.
C 4. No development shall take place until the details of the discharge of the foul water have been approved by the granting of a discharge licence from the Department of Environment, Food and Agriculture or details of an alternative method of treatment of foul water have been submitted to and approved in writing by the Planning Authority, and implemented in full prior to occupation of the building hereby approved.
C 5. The building hereby permitted shall not be occupied until the car-parking and manoeuvring areas have been provided in accordance with the approved plans, and those areas shall thereafter be kept available at all times for their respective purposes.
C 6. The buildings hereby permitted shall not be occupied until the vehicular access and pedestrian means of access have been constructed in accordance with the approved plans. Those means of access shall thereafter be kept available at all times for their respective purposes.
C 7. Prior to the installation of the cycle racks, details of the racks shall have been submitted to and approved in writing by the Planning Authority and thereafter, the racks shall be installed in accordance with the approved details. The racks must provide adequate cover.
C 8. No development or other operations shall be commenced on this site until adequate steps, which shall have been previously approved in writing by the Planning Authority, have been taken to safeguard against damage or injury during construction works all trees on the site, or those trees whose root structure may extend within the site. In particular no excavations, site works, trenches or channels shall be cut or pipes or services laid or any other works carried out in such a way as to cause damage or injury to the trees by interference with their root structure and no soil or waste shall be deposited on the land in such a position as to be likely to cause damage or injury to the trees.
C 9. The existing trees on site, other than those indicated to be removed or crown lifted on the approved drawings, shall not be cut down, grubbed out, topped, lopped or uprooted without the written consent of the Planning Authority. In the event that a tree should be removed without consent or should die, become seriously damaged or diseased within a period of 5 years from the completion of the development, it shall be replaced in the next planting season with another similar species in the same location, unless the Planning Authority has given written consent to any variation.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
