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Application No.: 17/00203/B Applicant: Manx Metals 1983 Ltd Proposal: Erection of 1 light industrial unit Site Address: Unit I Former Manx Metals Site Balthane Industrial Estate Ballasalla Isle Of Man Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 05.12.2017 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety
Reason: the parking ratio has been calculated on the basis of floor area and the introduction of additional floor area could increase the requirement for car parking spaces which may not be able to be provided.
This approval relates to drawings 16/42/03 and 16/42/04 both received on 21st February, 2017. _______________________________________________________________
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Manx Utilities Waste Management Operations Unit _____________________________________________________________________________
Officer’s Report THE SITE
1.1 The site is a parcel of land which lies on a minor road to the east of the main road through Balthane industrial estate. The site has a frontage to the minor road of 32m and a depth of 70m which a slight wrap around the area to the west which is also owned by the applicant, along with the plot to the east. - 1.2 The site was until relatively recently used as a scrap metal processing facility which is no longer operational. The site had across its frontage horizontal timber fencing to visually and aurally screen the activities going on behind. A relatively new industrial unit sits on the site to the west and another to the east. THE PROPOSAL
2.1 An industrial unit is proposed to be erected in the north western corner of the site. A contemporaneous application proposes the redevelopment of the rest of the site with a row of 8 conjoined industrial units of varying sizes with associated parking which is the subject of a further application (17/00202/B). - 2.2 The building will have a floor area of 9m by 12m and an eaves level of just over 6m and a ridge level of 7m. The building will be finished in vertical profiled cladding with a small rendered plinth all the way around the building. The frontage will have a roller shutter door with a pedestrian door alongside. The only other aperture is a pedestrian door in the rear elevation. A 1m wide path runs around the rear and northern side of the building. No colour of sheeting is provided. PLANNING POLICY
3.1 The site lies within an area designated on the Area Plan for the South as Industrial. The Plan refers to Balthane in a number of places, generally encouraging an improvement of its appearance although accepting that in the south, this is the most appropriate location for heavier general industrial processes with cleaner light industrial and business park uses
directed to the various other industrial areas in the south. The following parts of the Area Plan are relevant:
3.2 Employment Proposal 1 states: "All industrial uses, other than small scale light industrial uses considered to be acceptable within the Mixed Use areas, or those uses deemed appropriate by the Isle of Man Strategic Plan Business Policy 7, will be located on the Industrial Estate at Balthane and where appropriate Ronaldsway and the Freeport." - 3.3 Waste Proposal 1 states: "Balthane Industrial Estate would be the preferred location for additional or replacement waste facilities. - 3.4 The proposed use is industrial and as such General Policy 2 of the Strategic Plan is relevant as follows:
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:
3.5 The Strategic Plan contains guidance on sites which may be or may have been contaminated: Environment Policy 26: "Development will not be permitted on or close to contaminated land unless it can be demonstrated that there is no unacceptable risk to health, property or adjacent watercourses." REPRESENTATIONS
5.1 Highway Services raise no objection, commenting: "The proposal is to construct 1 light industrial unit within an industrial estate. The parking standard has been met and the proposal includes an improved access. Highway Services does not oppose this application subject to the following conditions:
5.2 Malew Parish Commissioners raise no objection (02.03.17). - 5.3 Waste Management Operations Unit initially raised concern about the lack of any assessment of contamination (10.03.17, 25.07.17) but after consultation with the applicant and tests carried out on site, they advise that the site poses insignificant risk of harm to human health or the built environment with no potential risk to harm groundwater and is suitable for light industrial use. They advise that on breaking through any concrete, a sample of the soil shall be taken and tested to ensure that there is no risk of harm before works continue (27.11.17). - 5.4 Manx Utilities request a deferral pending information regarding the proposed drainage system and comment that an interceptor will be required to be fitted to the surface water system due to the nature of the proposed uses (03.03.17). Following the submission of further information which described the linking of the development by gravity to the mains sewerage system and including an oil interceptor facility, Manx Utilities confirmed on 04.12.17 that they are happy with the proposals. ASSESSMENT
6.1 The issue is whether the site is contaminated and if so, whether it can be remediated to allow the proposed development. It is then appropriate to consider whether the proposed development has any adverse impact on the character of the area or the local highway network in respect of the details of the proposal. The principle of light industrial use is in accordance with the land use designation and is therefore not an issue. - 6.2 Information provided has satisfied the Environmental Protection Unit that the site is not contaminated such that the development would be unacceptable in respect of GP2 or EP26. - 6.3 The idea of replacing a former scrap metal facility with new, modern industrial buildings must be something which will improve the area, in line with the general comments in the Area Plan. Whilst the Plan identifies Balthane as the preferred location for additional waste facilities and already accommodates a number of less clean activities such as repair and recycling, there is certainly an undercurrent of improvement occurring through the redevelopment of older and undeveloped areas such as the new units at Balderton Court, Harmat Court and Aalin Court in the south western part of the estate and the new units built and being built to the north of the application site, to opposite Athol Garage. These were approved as a mix of industrial and light industrial with parking provided at around 1 space per 40 sq m. What is proposed here is light industrial and with the parking at that ratio which is higher than that required for general industrial or storage. There would be no issue with the use of the units for general industrial purposes, given the location and particularly the previous use of the site. There would be more than sufficient parking for any kind of industrial use including storage whose parking requirement is one space for every 100 sq m of space. - 6.4 The unit is shown with a single level of accommodation. In cases such as this, it is often the case that users wish to install a mezzanine level at upper floor level across part, or all of the unit. Whilst the provision of ancillary office or support space is not objectionable and is unlikely to result in significant changes in parking requirements, it is the case that this could double the amount of floor space with no corresponding increase in parking provision. As the estate road in front of the site is used by other vehicles, some large, it is important that there is not undue reliance upon the estate road to accommodate parking and that developments can accommodate the parking which will result from them. As such, it is recommended that a
condition is attached to require planning approval before any additional internal floor space is created - for example through the introduction of mezzanine flooring.
7.1 The proposed development is considered to be an improvement on the existing in terms of visual impact and will create additional opportunities for employment and industrial floor space. The application is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
8.2 The decision-maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
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 : 06.12.2017 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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