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Application No.: 16/01340/B Applicant: Bodystat (Isle of Man) Ltd Proposal: Modification of site levels including removal of surplus soil from site adjacent to building. Site Address: Bodystat Ballafletcher Road Cronkbourne Douglas Isle of Man IM4 4QJ Case Officer : Mr Edmond Riley Photo Taken: 04.01.2017 Site Visit: 04.01.2017 Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site is an irregularly shaped parcel of open land on the Ballafletcher Industrial Estate measuring roughly 0.19 hectares (0.46 acres) in size. It is characterised by its 'mound' shape, which rises quite steeply away from the Ballafletcher Farm Road, alongside which it is situated. It has been colonised be self-set vegetation. - 1.2 The site is situated to the northwest of the Ballafletcher Farm Road. It is bounded to the northwest by a post-and-wire fence / hedging, to the south, southeast and northeast by existing industrial / warehousing buildings. To the southwest of the application site is another parcel of open land, a little larger than the application site, but which is also within the Industrial Estate. The land further to the northwest is newly laid out as sports pitches in association with Braddan Sports Centre, while to the north is the Millennium Wood.
2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the removal of soil to flatten the northwestern part of the site, with a view to making "it easier to visualise the most appropriate proposed ground level for future development for which the site is currently zoned". The soil would be removed to an approved top for recycling. - 2.2 Existing and Proposed Drawings have been submitted, albeit that the spot levels are taken only along the edge and not within the site: within the site, however, contour lines at 0.2m integers are shown. In addition, there are two Section drawings, again both Existing and Proposed. - 2.3 Under the proposal, up to 1.3m in height would be removed, although the majority of the material to be removed would be at a lower extent. The land would continue to be graded most steeply at the southeastern side, adjacent to the Ballafletcher Farm Road, as is currently the case. - 2.4 Shown on both the Proposed and Existing drawings are the positions of two boreholes. These do not appear to have been the subject of a planning application; the submitted Drawings' annotation indicates that the boreholes were dug in order to ascertain the material below the surface, which have been identified as topsoil and then gravelly, sandy clay. The survey results of
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this trial holes have been provided within the application and reflect the comments outlined above in terms of the materials within the site. The surveys appear to go deeper than the proposal intends to actually excavate.
3.0 PLANNING HISTORY - 3.1 The site has not been the subject of any applications material to the assessment of the current scheme, though it is worth noting that there have been applications seeking approval for industrial buildings both on this site (PA 10/01445/B) and the neighbouring land to the northeast (PA 10/01446/B), and previously on both these and another parcel of land (PAs 07/00652/B and 99/02128/B). The latter of the two 2010 applications was taken up, while the former was not and has since expired.
4.0 THE DEVELOPMENT PLAN - 4.1 The application site falls within an area zoned as Predominantly Industrial on the Braddan Parish District Local Plan 1991. - 4.2 While the Ballafletcher Industrial Estate is mentioned in the Local Plan, no specific policies apply to it, except for something of a passing reference in paragraph 6.2 to the "potential for additional industrial development at Tromode [being] restricted, particularly in light of the possible residential development at Ballafletcher (to be re-appraised)". There is also no specific reference within the Rural Areas part of the Local Plan, which since the land is zoned for Industrial purposes is not altogether surprising. - 4.3 Although the proposal is not in general conformity with the land use zoning, the application form is clear that the works are intended to enable the improved marketing of the site for that Industrial zoning. It should also be remembered that the land is zoned for development. - 4.4 In view of the nature of the material to be removed, Mineral Policy 1 does not apply. For the same reason, it is not considered the proposal warrants the submission of an Environmental Impact Assessment. Were the land not zoned for development, it is possible that regard might have been needed to Environment Policy 14. Accordingly, it is concluded that the most relevant policy in this instance is 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:
4.5 Environment Policies 3 and 4 should also be borne in mind. 5.0 REPRESENTATIONS
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"The proposal is to remove soil from a proposed development site. The site is within an industrial area and borders a road that serves as the only point of access to some premises. A construction method statement ensuring access to these premises is maintained is required.
"Highway Services does not oppose this application subject to the approval of a submitted construction method statement."
5.2 The Manx Utilities Authority contacted the applicant on 16th December 2016, into which he copied the Department, advising them that the line of the existing public sewer on the site must be fully protected during the carrying on of works. - 5.3 Braddan Commissioners confirmed that they had no objection to the application in comments received 20th December 2016.
6.0 ASSESSMENT - 6.1 The application site is readily visible from the adjacent Ballafletcher Farm Road, and from the buildings nearby. It cannot be readily seen from the parallel access road serving Noble's Hospital. While it forms a part of the green and natural vista when looking north from Ballafletcher Road, it is masked largely by the existing buildings and also the hedging / trees lining that highway. Users of the nearby sports pitches may be able to obtain glimpses of it. - 6.2 It should also be remembered that the zoning for the site provides for the in-principle acceptability of industrial buildings on the site, a principle that was accepted during the assessment of PA 10/01446/B. The case officer in consideration of that application noted inter alia as follows:
"In respect of site specific impacts the proposed development [a two-storey building, larger than that built on the neighbouring land] is unlikely to be visible from outside of the surrounding estate."
6.3 Accordingly, it would be difficult to argue that the proposed works would be inappropriate in visual terms for the area, relative to the size and scale of buildings formerly approved here. Indeed, the full extent of the proposed levelling of the land might not be apparent even from the immediately adjacent Ballafletcher Farm Road, given the steep slope here, which would be proposed to remain. Such levelling works would almost certainly be required for any new building here. (Indeed, some such works were approved under PA 10/01445/B - a Proposed Section drawing from that application can be found on the current application file for reference, along with a site plan showing the siting of the approved, but unimplemented, building on the current application site.) - 6.4 The works proposed are, therefore, considered to have a lower visual impact than those for which the site is zoned. Moreover, its current topography will assuredly make it more difficult to market than if the proposed works are undertaken. This is considered to be a further point in the application's favour. - 6.5 Finally, there are apparently no records of protected species on the site and no trees of specific note. 7.0 RECOMMENDATION
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7.1 There does not seem to be any reason to object to a proposal that would presumably aid the marketing of the site for the use for which it is zoned. It is accordingly concluded that the proposal should be supported. An advisory note as requested by Highway Services seems reasonable. Such a note would also be suggested in respect of the Manx Utilities' comments, but it is known that these have already been communicated to the agent to the application and therefore one is not recommended in this respect. - 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:
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.
N 1. The applicant / agent is recommended to contact the Highway Services team within the Department of Infrastructure prior to commencing works in order that a construction method can be agreed.
The development proposed relates to Drawings BST-16-10, BST-16-11 and BST-16-13, all datestamped as having been received 2nd December 2016.
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I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 05.01.2017 Determining officer
Signed : C BALMER Chris Balmer Senior Planning Officer
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