PA10/155/B Appeal Decision Notice

Appendix 5

Dear Sir/Madam,

ON APPEAL: PA10/155/B – Dandara Commercial Limited – Relocation of existing stone recycling area and creation of industrial starter units, Land currently used as part of recycling and storage compound and adjoining unused land. Adjacent to existing Industrial Units and Animal Waste Processing Plant, Middle Farm, Braddan

I refer to the recent appeal hearing in respect of the above planning application.

In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.

I am directed to advise you that Hon. W. E. Teare, MHK, who has been appointed under Section 8(6) of the above Order to act as deputy to the Minister for Infrastructure in relation to planning appeals, has considered the report, and concurs with the appointed person’s general conclusions that the main issues in this case are firstly, whether the need for further industrial land would justify the principle of the development notwithstanding conflict with relevant planning policy, and secondly, whether the proposal would have an unacceptable impact on environmental grounds.

In relation to the first issue, the appointed person concludes that, on balance, there is a need for the industrial units that justifies accepting the principle of development. The Deputy Minister accepts this conclusion, having noted in particular that the proposal will provide an immediate opportunity for development, whereas the proposed Cool Road Order, if it is approved, and the Area Plan for the East will address rather the medium and long term needs for industrial development land.

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In relation to the second issue, the appointed person concludes that the development would have only limited impact on the character and appearance of the countryside, and that the visual consequences would be acceptable. Again, the Deputy Minister accepts this conclusion, having noted that the assessment relates specifically to the appeal site, and that it would be possible to require planting which would mitigate not only the limited visual impact of the proposal, but also the impact of development which has already taken place.

Accordingly, the Deputy Minister accepts the recommendation that the appeal should be allowed, and has directed that the Planning Committee’s decision to refuse permission should be reversed, and that approval should be granted subject to the conditions which are set out in paragraph 53 of the report. Formal notice of this decision is enclosed herewith.

Yours faithfully,

I. T. Thompson, Chief Executive.

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Circulation List – PA10/155/B

1. Dandara Commercial Limited, Dandara Group Head Office, Isle of Man Business Park, Cool Road, Braddan, IM2 2SA;
2. Braddan Parish Commissioners;
3. Manx Electricity Authority, PO Box 177, Douglas, IM99 1PS;
4. Drainage Division, IOM Water & Sewerage Authority, Meary Veg, Santon, IM4 1HL;
5. H. Marshall, Upper Ballacubbon, Richmond Hill, Douglas, IM4 1JQ;
6. Highways & Traffic Division, DOI, Sea Terminal Buildings.

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure) Order 2005

TO: Dandara Commercial Limited, Dandara Group Head Office, Isle of Man Business Park, Cool Road, Braddan, IM2 2SA;

[Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the DEPUTY MINISTER for Infrastructure, following report by the appointed person, does hereby APPROVE the application by you for the relocation of existing stone recycling area and creation of industrial starter units, Land currently used as part of recycling and storage compound and adjoining unused land. Adjacent to existing Industrial Units and Animal Waste Processing Plant, Middle Farm, Braddan, subject to compliance with the following conditions:-

1. The development hereby permitted shall commence before the expiration of four years from the date of this decision.

1. This planning approval relates to drawing Nos. A.CN-350, APL\500, APL\501, APL\502, APL\503, APL\504, APL\505 all date-stamped 8 February 2010 and drawing TAG3 attached to the Landscape and Visual Impact Statement by the Appleton Group dated August 2010.

1. The car-parking provision shown on the proposals shall be laid out, surfaced and marked out before any unit hereby approved is first occupied, and shall be retained for that purpose and not used for any other purpose.

1. The height of material in the stone recycling compound shall at no time exceed 5m above the floor level of the lowest of the proposed industrial units as shown on drawing A/CN-350.

1. No development shall take place until details of landscaping of the site have been submitted to and approved in writing by the Planning Authority. The details shall include means of enclosure and planting around the proposed development and screen planting on the ridge to the south-east of the site and in a field to the south-west as shown in drawing TAG3 attached to the Landscape and Visual Impact Statement by the Appleton Group dated August 2010. Such details shall include size, species and spacing of planting. The landscape works shall be provided in accordance with the agreed details before any part of the development is occupied or within any longer period that may have been agreed in writing with the Planning Authority.

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Application No. 10/155/B - ON APPEAL

Ref: ITT/MC

All planting shall be maintained for a period of five years from the date of planting; any planting which dies or is severely damaged or become seriously diseased or is removed within the period shall be replaced by planting of similar size and species to that originally provided.

Dated this 31st day of January 2011.

Murray House, Mount Havelock, Douglas, Isle of Man.

By Order of the Minister

I. T. Thompson, Chief Executive

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.