Officer Report

Application No.: 16/00423/A Applicant: Haven Homes Ltd Proposal: 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, Site Address: Former Gas Storage Facility Balthane Road Balthane Industrial Estate Balthane Ballasalla Isle Of Man IM9 2AG Case Officer : Mr Edmond Riley Site Visit: 18.05.2016 Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE OWING TO THE PLANNING HISTORY OF THE SITE

1.0 THE SITE - 1.1 The application site is the curtilage of the former Bulk Gas Storage Installation, Balthane Industrial Estate, Balthane, Ballasalla located to the south of the Balthane Road and west of JCK Recycling Yard. It should also be noted to the south of the site is a single storey pair of semidetached properties. One of properties is a residential bungalow, the other used as offices.

2.0 RELEVANT PLANNING HISTORY - 2.1 A previous application, PA 13/91404/A, sought Approval in Principle for the demolition of existing gas storage facility and erection of 11 light industrial units and associated parking. - 2.2 The eleven units shown varied in size:

• o 74 sqm units (Unit 11 & 10);
• o 95 sqm (units 1, 2 & 3);
• o 110 sqm (unit 4); and
• o 125 sqm - 200 sqm (units 5, 6, 7, 8, 9 - partially with mezzanine floors).

2.3 A total of 53 car parking spaces would be available throughout the site which was demonstrated on the indicative plan. - 2.4 The case officer's assessment ran, in full, as follows:

• "6.1 The application seeks approval for the erection of eleven light industrial units. The main issues to consider in the assessment of the application are land use, impact upon the street scene, parking provision and impact upon the amenities of the neighbouring properties.
• "6.2 The application is for the development of a building to provide eleven light industrial units; therefore the proposed development complies with the land use zoning as designated by the Area Plan for the South. Furthermore, the site is a brownfield site, having being used for industrial purposes previously. Accordingly, it is considered the principle of re-developing this site for light industrial purposes is appropriate.
• "6.3 In relation to the impact upon the street scene, the application is only in principle and therefore there are no detail plans showing the detailed design of the units. However, a site plan has been provided which shows how the units could be sited. 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.
• "6.4 In relation to parking provision within the site, the eleven light industrial units equate to a total floor area of 1,543 square metres. Therefore, a requirement of 51 (1543/30=51.4) spaces is required. The submission shows a total of 53 spaces therefore complying with the parking standard requirements of the IOM Strategic Plan. There was initial concern of the layout of these spaces, some of which would have been located immediate adjacent to the main entrances of the units (i.e. parked vehicles would have blocked access to each unit). However, an amended plan has been submitted which overcomes this initial concern. 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.
• "6.5 The final issue to consider relates to the potential impact upon the amenities of the neighbouring property, namely the residential property 'The Court' which 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. As indicated previously 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. However, a full assessment will be made at any future Reserved Matters."

• 2.5.1 The application was approved, subject to the following conditions:

• 1) Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.
• 2) The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.
• 3) The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.
• 4) Approval is hereby given for the units to be used for either general industrial, light industrial and/or storage and distribution.
• 5) Prior to any development commencing, a survey shall be undertaken to establish whether or not there has been any contamination on the site and if any is found, a method statement of how and when the contamination is to be removed or contained. The survey and method statement

shall be submitted to and be approved in writing by the Planning Authority and its recommendations carried out.

• 2.5.2 Subsequent to the approval being issued, the agents prepared and submitted a survey such as that outlined in condition 5 but were advised that this should form a part of any Reserved Matters application submitted.

2.6 An advisory note was also attached:

• 1) The applicant is advised to discuss the drainage arrangements with the Manx Utilities Authority (Drainage) prior to making a reserved matters application.

3.0 THE PROPOSAL

3.1 As originally submitted, the application now under consideration sought to amend condition

2 attached to PA 13/91404/A with a view to extending the period of permission by a further two years. The submitted details are identical to those submitted with the earlier application. No justification was been given for seeking the extension.

3.2 That application sought approval for the erection of light industrial units. However, the application was approved with a condition allowing for the units to be light industrial and/or general industrial and/or storage and distribution. On this basis, the applicant and their agent was advised that it would be cleaner, and better for them, to seek approval for all the uses outlined in condition 4, rather than just those for which approval was originally sought under PA 13/91404/A. They agreed with this suggestion, and the application was amended and re-advertised accordingly. As such, the current application seeks approval for:

- 4.0 OTHER PLANNING HISTORY

"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."

4.1 The following previous planning application is considered to be material to the assessment of the current application:

3.2 Approval in principle for erection of light industrial units, land adjacent to The Court, Balthane Industrial Estate, Malew - 99/00394/A - REFUSED. This application only relates to the southern section of the site, not the whole site which is currently under consideration. - 3.3 Installation of 2 no. additional 24 tonne LPG storage tanks, gas tank compound 96/00020/B - APPROVED - 3.4 Installation of two storage tanks - 88/00792/B - APPROVED

4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is within an area zoned as "Industrial" identified on the Area Plan for the South. Given the nature of the application it is appropriate to consider General Policy 2 and Business Policy 5 of the Isle of Man Strategic Plan (20th June 2007). - 4.2 General Policy 2 states (in part): "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:

• (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;

• (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;

• (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."

4.3 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."

4.4 Appendix Seven of the Strategic Plan sets out the parking standards to be applied to new development which states that light industrial, storage and distribution should have one space per 30 square metres nett floor space. - 4.5 The Area Plan for the South specifically comments on Balthane Industrial Estate and states the following:

"The Balthane Industrial Estate is located just south of Ballasalla Village. 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."

4.6 Further: "There is support to improving access to and the generally poor physical environment in Balthane Industrial Estate." - 4.7 Employment Recommendation 1 within the Area Plan for the South states: "It is recommended that the Department of Infrastructure, the Department of Economic Development and Malew Parish Commissioners work collaboratively to produce a strategy for improvements at Balthane Industrial Estate. This will include general environmental improvements, and also improvements in respect of access, lighting and infrastructure in an effort to ensure that the Estate is an attractive place for both users and customers." - 4.8 Although Landscape Proposal 19 makes reference to the design of new buildings on Balthane, it only relates to buildings visible from the A5, which these units would not be.

- 5.0 REPRESENTATIONS

5.1 DOI Highways Services has no objection (28.04.2016).

5.2 Malew Commissioners do not object (05.05.2016). - 5.3 The Fisheries Team within the Department of Environment, Food & Agriculture sought the completion of a '9m within a watercourse' form (22.04.2016). On receipt of this, they commented

• as follows (22.06.16): "No objection. The proposed works are close to the watercourse and include construction of a surface water drainage outlet into watercourse. There are trout populations downstream of the site, so precautions will be needed to reduce the possibility of harmful construction-related materials entering the watercourse."

5.4 The Senior Biodiversity Officer noted that the site bordered a stream that runs into the ASSI

• at Derbyhaven, and he further states that Fisheries' advice during or post-development on this matter will be important (12.07.2016).

- 6.0 ASSESSMENT

6.1 The existing approval remains a significant material consideration, as does the zoning applying to the site. The main question is whether or not there has been any change in circumstances since the original approval was issued in 2014 sufficient to take a different view on this occasion.

6.2 On the basis of the representations received, the situation now appears to be more or less identical to those of 2014 and the assessment as outlined by the case officer in paragraph 2.4 of in respect of that application accordingly retains almost (if not entirely) full currency today. - 6.3 On this basis, it is considered that to take a different view now would be unnecessary and unreasonable as the uses proposed remain acceptable in this location at this time subject to a slight change to the condition set: condition 4 is no longer required on this occasion, while condition 5 remains necessary, and some wording is amended for clarity.

- 7.0 RECOMMENDATION

7.1 For the reasons outlined above it is considered that the planning application is in accordance with General Policy 2 and Business Policy 5 of the Strategic Plan and the Area Plan for the South, and it is therefore recommended that the planning application be approved. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• o The Highways Division of the Department of Infrastructure; and
• o The local authority in whose district the land the subject of the application is situated.

• 8.2.1 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

• 8.2.2 In this instance, it is considered that the following persons should not be awarded the status of an Interested Person:

• o The Fisheries Team within the Department of Environment, Food & Agriculture, and
• o The Senior Biodiversity Officer, both of which sit within the same Department as the Planning & Building Control Directorate.

Recommendation Recommended Decision: Permitted Date of Recommendation: 20.07.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. 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.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

• C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• C 3. Details of the siting, design, external appearance, internal layout, means of access and landscaping; (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Department before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

• C 4. Prior to any development commencing, a survey shall be undertaken to establish whether or not there has been any contamination on the site and if any is found, a method statement of how and when the contamination is to be removed or contained shall be submitted to and be approved in writing by the Department and its recommendations carried out.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

The development hereby approved relates to the Planning and Design Statement and Drawings 1273/001J and 1273/002, all three date-stamped as having been received 14th April 2016.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : …Permitted.. Committee Meeting Date:…08.08.2016

Signed : E RILEY Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO

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