Officer Report

Application No.: 16/00139/B Applicant: Kirby Farms Limited Proposal: Erection of an industrial building Site Address: Plot At Kirby Farm Industrial Estate Vicarage Road Douglas Isle Of Man Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation

Officer’s Report THE SITE

1.1 The site is a vacant piece of land which lies within Kirby Farm Industrial Estate which lies to the north west of the Saddle/Vicarage Road roundabout and to the south west of Kirk Braddan car park and the open land to the west which accommodates a settlement site of archaeological interest. An overgrown road runs between the church grounds and the estate and onward to the agricultural fields. - 1.2 The estate is made up of a group of agricultural buildings which lie closest to Vicarage Road with new industrial units which are further into the site with a separate internal access. The units are all similar in appearance, with a variety of sizes with parking spaces in and around them. The units are used for a range of activities - car repair, storage, light industry and planning approval has been granted for use of one of the units as a gym (PA 12/00964/C). The newest units in the south western corner of the site were approved under PA 10/01336/B. - 1.3 The estate began life as a farm with some of the agricultural units being approved for conversion to industrial under 06/01170/C and five further units (10-14) being approved under PA 08/02311/B. The units are generally screened from public view by existing trees and the topography of the site. THE PROPOSAL

2.1 There are no site plans as existing nor any information on existing or proposed levels despite being indicated as being provided at question 14 of the application form. Further information shows that the footprint of the building will be excavated slightly but that the remainder of the site will remain at existing level. - 2.2 Proposed is the erection of a new building alongside the road which separates the site from the church land and backing onto existing farm buildings. The building will be 30.5m by 18.5m and just under 9m high to the ridge. The building will be finished externally in face brickwork up to a level of 2m and metal sheeting above with no indication of the colour. The internal space is a single open area with no mezzanine areas included totalling around 540 sq m of floor area. 17 parking spaces are shown in front of the building (1 space per 30 sq m nett of floorspace). - 2.3 The proposed use is given as "industrial".

PLANNING STATUS

3.1 The site lies within an area designated on the Braddan Local Plan of 1991 as Open Space although this has been superseded by the various approvals which have been granted for the use and development of the estate for industrial purposes (see 1.3 above). The lawful use of the site is therefore considered to be in accordance with the proposed use of the site and as such, General Policy 2 of the Strategic Plan is considered applicable as follows:

"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 space around them;
• c) does not affect adversely the character of the surrounding landscape or townscape;

• 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 and
• i) does not have an adverse effect on road safety or traffic flows on the local highways."

3.2 The parking standard applied to industrial development is one space per 50 sq m gross floorspace, for light industrial 1 space per 30 sq m nett and for storage 1 space per 100 sq m of gross floor area. REPRESENTATIONS

4.1 Department of Infrastructure Highway Services raise concerns that the car parking provision does not meet the required standard - there is insufficient manoeuvring space between the car parking spaces - 4m instead of 6m - therefore the car parking spaces are inaccessible and they oppose on the grounds that the application fails to satisfy GP2 (h) (23.02.16). Following the submission of a further plan amending the parking layout to provide full sizes spaces, ht no longer object to the application provided that the following condition is attached:

1. Prior to the occupation of the building the car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter. Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety (15.03.16).

5.2 Braddan Parish Commissioners indicate that they do not oppose the application (23.02.16). ASSESSMENT - 6.1 The proposal is consistent with the remainder of the development round about and will provide industrial floor space in a sustainable location, close to the main concentration of population, close to the ferry routes and on a principal traffic route. Now that the parking provision has been clarified, it is considered that the proposal is acceptable. It is sometimes appropriate to apply a condition which would restrict the introduction of a mezzanine level (which, following construction would not constitute development in accordance with the Town and Country Planning Act 1999), in order to ensure that car parking is provided at a level appropriate to the amount of floorspace available, it is recommended that this is applied here, particularly as there is a finite amount of off-road vehicle parking available and the proliferation of vehicles parked on the estate road could result in issues of highway safety for other users of the estate.

6.2 The application is recommended for approval. PARTY STATUS - 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;

• (b) 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;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 22.03.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. Prior to the occupation of the building the car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter.

Reason: To ensure that the Strategic Plan car parking standards are met in the interest of highway safety

• C 2. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 3. The building may be used only for light industrial, general industrial or storage purposes. Reason: to ensure that the building is used in accordance with the authorised use of the estate.
• C 4. No additional internal floorspace may be created, for example through the introduction of mezzanine levels, without prior written approval from the Department.

Reason: to ensure that the development continues to be provided with adequate vehicle parking in accordance with Strategic Plan standards.

This approval relates to drawings1023/60/01 received on 14th March, 2016, 1023/60/12A and 1023/60/13A both received on 8th February, 2016,

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 30.03.2016 Determining officer

Signed : J CHANCE Jennifer Chance Head of Development Management

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