Planning Officer Report Recommendations

Case Officer: Miss Jennifer Chance Photo Taken: Site Visit: Expected Decision Level: Planning Committee

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE

The Site

1. The site lies on the north eastern side of the A3 TT Course (Peel Road) between Braddan Church and Snugborough Trading Estate. The site has a frontage to Peel Road of around 85m within which there is an existing vehicular access into the site. At the front of the site is an existing building which is an office with associated parking. The site then slopes downward by around 4.5m towards the River Dhoo where there is a plateau with a collection of old sheds and containers on it, before the site meets the river bank. The site is around 68m in depth between the road and the river.

1. To the north of the site is an access way which serves an industrial development separate from the application site. To the south is Ballafletcher Cottage, a residential property with tourist accommodation alongside.

1. The applicant owns all of the site, including the office and associated parking although the application refers only to the land outwith the curtilage of the office.

The Proposal

1. Proposed is the development of the lower area for the construction of nineteen industrial units, all with a footprint of around 72 sq m and fifteen of which will have a mezzanine level. Forty three parking spaces are provided, some spaces directly in front of the units and others in communal parking bays alongside the estate road. Ten of the spaces are arranged in tandem fashion, where one space is directly in front or another but as at least two spaces are assigned to each unit, this is not an unacceptable arrangement as both spaces will be used in association with one unit.

1. The units are all similar - large roller shutter doors and an eaves height of 6.3m above ground level. Some of the units - Block A and part of Block B on the western side of the estate road are to be cut into the site with a single storey element as viewed from the rear. Block B has the doors on the side of the units rather than on the front to accommodate the topography. The units are to be used either as industrial or for storage.

Application No.:	12/00413/B
Applicant:	Jojay Ltd
Proposal:	Erection of 19 industrial units for a mixed use of general industrial and storage / distribution with associated external works and drainage
Site Address:	Development Adjacent To BCS House
Peel Road
Braddan
Douglas
Isle Of Man
IM4 4LE

1. All of the units have a smooth render finish up to a height of 2.3m with cladding above. The estate road is to be 5.5m wide. The parking spaces vary with the smallest spaces to the north west of Block B and which are 4.5m in length which is too short. These spaces could be increased to the full length without a significant impact on the scheme.

1. The site retains within the blue area eighteen spaces for use in association with the office which is in accordance with the requirement in the Strategic Plan for one space per 15 sq m nett of floor space.

1. The units will be at closest, 8m from the river bank. Most of the units are at least 10m therefrom.

Planning Status And Policy

1. The site lies within an area designated on the Braddan Local Plan of 1991 as Predominantly Industrial. the proposed development is compatible with this and as such the provisions of General Policy 2 are applicable in this case:

"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; d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;

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 adverse effect on road safety or traffic flows on the local highways; l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; m) takes account of community and personal safety and security in the design of buildings and the spaces around them."

Also of relevance are the following policies:

1. "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:

a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality;

b) details of pollution and alleviation measures must be submitted;

c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and

d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species." (Environment Policy 7).

1. Parking standards are set out in Appendix Seven of the Strategic Plan and require that general industrial use should be provided with one space per 50 sq m gross and for storage and distribution one space per 100 sq m gross. The proposed development will provide 2113 sq m which, if they were all used for general industrial use which would generate the greater demand for parking space, would require 43 parking spaces.

1. The Strategic Plan also sets out provision for sites which are considered at risk of flooding. As the site is adjacent to a water course there is a risk of this and also part of the site is within the risk zone associated with the adjacent river. Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4."

Planning History

1. Planning permission was very recently sought for the development of the site in a similar fashion to what is proposed here. PA 11/01365 proposed nineteen industrial units but was refused by the Planning Committee as the number of units was considered to be excessive in relation to the number of parking spaces, resulting in a potentially over-intensive development of the site with insufficient car parking provision. This was judged on the basis of light industrial use and car parking requirements which amounted to a demand for 63 parking spaces where 38 spaces were provided with a further 17 spaces available as overspill but with no clear calculation of how many spaces were needed for the existing office use.

1. In that application, proximity to the water course was dealt with, both in terms of the impact on wildlife and maintenance of the river and neither was considered to be a reason for refusal. Prior to this, planning permission was granted in principle for the development of the site under PA 98/1809 following previous proposals which were unsuccessful - PAs 93/1466, 87/0002 and 86/1403,

Representations

1. Representations have been received from a number of local residents. Occupants of 4, 10, 12, River Walk, 2, River Heights and 3, Braddan Bridge all express concern regarding potential noise and light nuisance from the development, particularly out of normal working hours, whether there is a demand for these units, access on the inside of the TT course, despoilation of the natural habitat, the fact that the development would adversely affect the enjoyment of the Heritage Trail public footpath and the impact of the development on the adjacent residential area. Reference is made within a number of these representations to the Braddan Area Plan of 2003. This was not pursued by the Department and has no material weight in the consideration of this application (see the Inspector's conclusion on the Cool Road Development Order and the Department's response to this - attached).

The submission from 10 River Walk includes a petition signed by many residents of the Braddan Hills development).

1. Department of Environment, Food and Agriculture express concern regarding the proximity to the river. The development is not within 8m of the watercourse and as such the provisions of EP 7 are not applicable in this case.

1. The Isle of Man Water and Sewerage Authority refer to the Land Drainage Act 1934 and the requirement for the applicant to contact them in respect of working close to a watercourse. No objection to the application is indicated.

1. The Manx Electricity Authority seek consultation regarding existing and proposed electricity supplies.

Assessment

1. The land use designation of the site and the previous planning application are both material considerations. The abandoned Braddan Area Plan is not. The site is identified as industrial on the 1991 Local Plan and the proposed development is consistent with this. As such there should be a presumption in favour of development of the site, provided that the development complies with the provisions of GP 2. Whilst there are objections from the residents of Braddan Hills, the designation of the site as industrial, as it has been since 1982 is a fundamental consideration. The view from the other side of the river valley will change as a result of the development - presently the site is neither attractive nor maintained and it is also relevant that planning permission has been granted previously for the principle of a similar level of development under PA 98/1809.

1. The units are split into four groups, thus minimising its impact as viewed from further afield. The units will be at closest 52m from the dwellings, separated therefrom by the river and vegetation associated therewith. As the site is designated for development there comes with that, a reasonable expectation that the development may be developed in accordance with that use. Whilst there will be traffic coming and going, it is not considered unreasonable bearing in mind the designation of the site. It is also relevant that the site is well placed in terms of sustainability for such development and the site is far from naturally vegetated at present.

1. The proposed development is considered to overcome the reasons given for refusal of the previous application: the parking provision now accords with the parking requirements of the Strategic Plan with additional spaces being available in front of the access doors of each unit, if required, over and above the spaces provided which accord with the standards.

1. As such, the application is recommended for approval.

Party Status

1. The local authority, Braddan Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. Department of Environment, Food and Agriculture and The Isle of Man Water and Sewerage Authority are statutory authorities which raise material planning considerations and as such should be afforded party status in this case.

1. The Manx Electricity Authority does not raise material considerations and as such should not be afforded party status in this case.

1. The residents of Braddan Hills are not immediately alongside the site. However, under Part 2d of Government Circular 1/06 - Determination of Interested Party Status, this states that the following persons shall generally be accepted as having sufficient interest...persons whose outlook from land or buildings in which they have an interest as owners or tenants would be substantially and adversely affected by the development and persons owning or residing in land or buildings, the legitimate enjoyment of which would be adversely affected by reason of noise, dust or smell arising from the site as a consequence of the development, or traffic generated by the development". Whilst it is not accepted that the development will adversely affect the legitimate outlook from or enjoyment of these properties, as the site is designated for industrial development, the Planning Committee may wish to afford party status to these persons on the basis of their view that the development would result in an adverse impact for these reasons.

For clarification, only 10 and 12, River Walk are adjacent to the Heritage Trail: 4, River Walk is in the next row of development above 10 and 12 and 2, River heights and 3, Braddan Bridge are alongside Braddan School Road.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 20.04.2012

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Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to the erection of industrial units with associated parking and access all as shown in drawings 101C, 01A, 02A, 01, 107A, 10TS010-01, 03, 110A, 108, 106, 103A, 102A, 104A, 105A all received on 16th March, 2012.

C 3. The units may be used for either industrial or storage and distribution purposes.

C 4. The external cladding may be only dark green, dark blue, dark grey or dark brown unless otherwise approved in writing by the Planning Authority.

C 5. The development hereby approved may not be occupied until such times as the associated car parking and manoeuvring areas have been completed and set out as shown in the approved plans.

C 6. All existing trees shown on the site as being retained must, prior to the commencement of any excavation or building work on site, be protected by the erection of protective fencing under the dripline of each tree. During construction no building, storage or excavation may be undertaken within the protected area unless authorised in writing by the Planning Authority.

N 1. The applicant should liaise with both DEFA and IOMWSA in respect of working close to the River Dhoo and compliance with the Wildlife Act 1990 and the Land Drainage Act 1934.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made: Approved Committee Meeting Date: 30 April 2012

Signed: Jennifer Chance Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☑ YES / ☐ NO

The Planning Committee resolved to approve the application subject to additional conditions in order to protect the amenity of the nearby residents.

The additional conditions were as follows:

C 7. No development shall take place until full details of a landscaping scheme shall have been submitted to and be approved in writing by the Planning Authority and these works shall be carried out as approved. All planting shall be carried out in accordance with the approved details in the next available planting and seeding seasons. Any tree or shrub which within a period of 5 years from the completion of the landscaping works, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with another similar size and species, unless the planning authority gives written consent to any variation.

C 8. The buildings shall only be used from Monday to Saturday and no activity or business shall be carried out therein on Sundays or Bank Holidays unless otherwise agreed in writing with the Planning Authority.

C 9. Notwithstanding the meaning of development in Section 6 of the Town and Country Planning Act 1999 or any act revoking or re-enacting that Act, no mezzanine floor shall be constructed without a further application for planning permission being submitted and approved.

C 10. No items of machinery or any equipment or other goods shall be kept outside of any buildings and all activities shall be undertaken within the buildings unless otherwise agreed in writing with the Planning Authority.

C 11. No external lighting shall be installed without the prior approval of the Planning Authority.