Loading document...
Application No.: 17/00356/B Applicant: Swagelok Limited Proposal: Erection of smoking shelter Site Address: Swagelok Limited Ballafletcher Road Cronkbourne Douglas Isle of Man IM4 4RA Case Officer : Miss Lucy Kinrade Photo Taken: 15.06.2017 Site Visit: 15.06.2017 Expected Decision Level: Officer Delegation
Officer’s Report THE APPLICATION SITE
1.1 The application site forms part of the curtilage of Swagelok which is situated within the Ballafletcher Industrial Estate and on the south side of the main estate road, the existing large industrial unit sits centrally on the site edged blue and is surrounded on each side by off road parking, external circulation space and areas of open/green space. - 1.2 The smaller application site for the proposal edged red on the submitted plans is located along the northern boundary and adjoining with the existing pedestrian footpath and estate road. - 1.3 On the adjacent side of the road is an existing two storey office building which sits approximately 14.5m from the application site. Its front elevation facing east and its side elevation facing south and towards the application site and beyond towards the Swagelok factory. THE PROPOSAL
2.1 Full planning approval is sought for the erection of a new timber shelter on the northern boundary of the site. The shelter is to be 5.2 m x 2.4m and fully enclosed on the rear and southwest elevation and fully open on the front and north-east elevation. The single storey shelter is to be finished with a GRP roofing and the enclosed elevations with half round horizontal timber boarding. - 2.2 The shelter is to be used as a smoking shelter and to have new hedging planted along the south-west elevation and a low level hedge at the front. - 2.3 The current proposal comes following concerns of the neighbours who raised concerns of the openness of the shelter detailed in the superseded drawing P-01 Rev A. PLANNING HISTORY
3.1 The site has not been the subject of any applications material to the assessment of the current scheme. There have been previous applications seeking approval for the erection of smoking shelters although these tend to be located within town centres and for public houses. The congregation of smokers here is often common and the smells and odours associated to smoking are existent, the assessment of the erection of smoking shelters here is generally based on visual appearance. PLANNING POLICY
4.2 While the Ballafletcher Industrial Estate is mentioned in the Braddan Local Plan Written Statement, no specific policies apply to it. Looking to the Isle of Man Strategic Plan 2016 there are two policies that can be considered materially relevant in the assessment here: - 4.3 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:
"Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
REPRESENTATIONS
5.2 A letter of objection has been submitted by a representative of Bodystat Ltd who occupies the adjacent property Ballakaap, Ballafletched Road. They have commented on the application stating that the workers of Swagelok already smoke on the pavement and that the smell of smoke is already apparent from within their building. The proposed shelter is now located within a closer proximity of their kitchen area to where most of the smokers tend to congregate. The objectors suggested that the shelter should be moved closer to the Swagelok building or elsewhere on the site. They also stated that if the shelter was designed to be fully enclosed and no escape of smoke that they objection would be reduced (13/04/2017). ASSESSMENT - 6.1 The site is designated within an area of industrial use; while the proposal is not of industrial use, it would be difficult to argue that the proposed works would be inappropriate in visual terms for the area especially given the size and scale of the much larger nearby buildings. The fundamental issues in the assessment of the application are the impacts of the smoking shelter on the visual and highway amenities of the area and impact on neighbouring property Ballakaap.
6.3 Swagelok benefits from a one way vehicle system running around the extents of the site. The junction on the north-east side of the smoking shelter is used as an entrance to the site only, while the junction on the south-west side is used as an exit for the one way system and as an entrance for large delivery vehicles for access to the delivery yard. - 6.4 The shelter is not considered to impact the highway safety of the north-east junction due to the nature of its use and due to the sufficient distance of the shelter from the south-west junction and its set back location beyond the pedestrian footpath the shelter is not considered to impact the visibility splays of the junction or to impact highway safety. The Department of Infrastructure Highway Services also indicated no highways interest on the application 27/04/2017. IMPACT ON NEIGHBOURS - 6.5 It is understood that the employees of Swagelok are not permitted to smoke within the grounds due to company policies and often smoke on the nearest pedestrian footpath along the northern side of the site. This results in a number of people congregating on the side of the road to smoke and consequently disposing of their cigarette ends into the nearest gutters collectively creating an untidy and unattractive appearance to the area. The objectors of Bodystat Ltd indicated that the smell of smoke is already apparent within their building from this type of activity and more so in warmer months when their windows are open. - 6.6 The proposed smoking shelter is now located on a site much closer to their property in comparison to the area where most smokers would usually stand on the pavement and as such they raised concerns to the increase of smoke that would then enter their property, During a site visit and discussion with the representative of Bodystat, they agreed that the shelter would reduce the likelihood of litter on the roadside and minimise the views of the smokers from the road side and their building, however still had concerns of the cigarette smells entering their building and suggested that the shelter be fully enclosed. - 6.7 The concerns were relayed to the agent and the applicant, and a compromise was sought that would fully enclose the rear and side elevation walls nearest to Bodystat in order to help reduce the smoke reaching their building. Full enclosure was not possible due to the health and safety needs of the shelter requiring 50% of the unit to be open aired. - 6.8 Following the re-circulation of the amended drawings and the enclosing of the rear and side wall nearest Bodystat it was understood that a suitable compromise had been made and that the proposal now reduced their concerns. This was confirmed by telephone during a conversation with the representative of Bodystat of 13/07/2017.
7.1 It is considered that the impacts of the proposal are not significant to warrant a refusal and that the proposed shelter by means of its design, form and appearance does not impact the character of the area. The application is therefore recommended for approval.
Recommendation Recommended Decision: Permitted Date of Recommendation: 07.08.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
C 1. 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.
This approval relates to drawing number P-01 Rev C date stamped and received 14/07/2017.
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 : 11.08.2017 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
Copyright in submitted documents remains with their authors. Request removal
