Planning Officer Report

Application No.:	12/00534/A
Applicant:	J Qualtrough & Co Ltd
Proposal:	Approval in principle for development of site to create a builders and timber merchants premises
Site Address:	Land Adjacent To Car Showroom
Balthane Industrial Estate
Balthane
Ballasalla
Isle Of Man

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE STRATEGIC NATURE OF THE IMPLICATIONS OF THE PROPOSAL

The Site

1. The site is an area, 100m by 90m located on the north eastern side of the estate road in Balthane, as one enters the estate. The site has to the immediate south west Athol Garage car sales. The site is accessed from Balthane Road via an estate road which currently serves existing industrial units which are on the other side to the application site. To the north east of these existing industrial units is land which has valid approval for further industrial units to be erected (12/00062/B).

1. The site is relatively flat but has been used in the past for storing soil in connecting with the development of the lands to the south west and south east. This soil still remains and as such the site is uneven where the piles of soil have grassed over.

The Proposal

1. Proposed is the principle of the development of the site for a timber and builders' merchant's premises. The applicant currently operates such a business in the Castletown off Hope Street on a slightly larger site (10,000 sq m). This site has residential development in close proximity and access thereto is via narrow streets (Milner Terrace and Hope Street).

1. No details are provided of the proposed new use and development.

Planning Policy And Status

1. The site of the proposed development lies within an area of Proposed Industrial Use on the Town and Country Planning (Development Plan) Order 1982. On the draft Southern Area Plan of 2011, the proposed Ballasalla By-Pass runs along the land to the rear of the site. The site is designated as Strategic Reserve - end use proposed mixed use, residential, industrial and public open space. The accompanying Written Statement contained a policy which required that no development may take place until such times as the Strategic Plan Review has been completed, a Monitoring Report for the South has been provided recommending release, the Department is satisfied that the site needs to be released for development and has issued a decision to such effect. Also it requires that no part of the site shall be developed

Case Officer :	Miss S E Corlett
Photo Taken :	24.04.2012
Site Visit :	24.04.2012
Expected Decision Level :	Planning Committee

until there is a firm financial commitment to the bypass, and a detailed scheme has been approved, constructed and is available for used. Finally, it requires that a master plan and Phasing schedule must be provided with any application in which the whole site will have to be set within a comprehensive landscaping scheme (paragraph 4.19). Prior to the inquiry the Department submitted a modified plan which confirmed the industrial status of the land alongside the existing access road in Balthane save for a 50m buffer zone for the by-pass on the southern side, part of which encroaches into the application site.

1. The Inspector chairing the Southern Area Plan inquiry disagreed and proposed that the site be released immediately and that provision be made for securing the bypass and funding therefor.

Planning History

1. Planning permission was sought for the principle of industrial development in this field and land to the north east under PA 97/0008. This application was refused for reasons relating to the visual attractiveness of the area and the view that other land designated for industrial purposes should be developed first. Also concern was expressed that the development would be premature pending arrangements for drainage and access.

Representations

1. The Isle of Man Water and Sewerage Authority request that the development is connected to the main public sewer and that the applicant should discuss with them the attenuation of surface water

1. Malew Parish Commissioners indicate that they do not oppose the application.

1. The Manx Electricity Authority indicates that the applicant should discuss with them the provision of an electricity supply. This is not a material planning consideration.

1. Highways Division indicate that if developed as shown in the submitted plans, this could prejudice the introduction of a by-pass. Further discussion with the Planning Office indicates that should car parking, storage or development which does not involve personnel sitting for long periods of time, within the 25m corridor of the line of the by-pass as shown in the modified submission to the Inquiry by the Department, this would not conflict with the provision for the by-pass. The corridor of 25 is to provide for a 7.3m wide carriageway, 1.8 footways on each side and suitable landscaping. There is, on the submitted plan at least 15m between the line of the road and the edge of the site.

Assessment

1. The critical concern is the assurance that development of this site would not compromise the provision of a by-pass through the adjacent land and in this respect it is relevant to bear in mind that the landowner also owns a substantial part of the land which would be released for development through, and served by the introduction of a by-pass. As such, if the by-pass is compromised then they would be preventing their own land from being developed.

1. The site does not encroach on the corridor of the proposed by-pass road itself or the footways associated with it, but the landscaping buffer on this side. The edge of the site lies outwith the carriageway and footway and with more than 9m to spare in which landscaping could be introduced. It is important, however that the development provides a fair face to the by-pass, on the basis that this will be used by a significant number of public passers-by once the new roadway is in place.

1. Whilst the draft Southern Area Plan as initially submitted to the inquiry did not include any reference to archaeological concerns, the modified submission does, stating, "An appropriate archaeological evaluation must be carried out on the site and suitable archaeological mitigation designed into any proposed scheme."

1. It is considered that the development does not compromise the by-pass nor conflict with the provisions of the draft Southern Area Plan, either as initially proposed or as modified at the inquiry.

1. The application is recommended for approval subject to conditions regarding the use of the area 25m from the route of the proposed by-pass, the frontage treatment facing the by-pass and archaeology.

Party Status

1. The local authority, Malew 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. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

1. The Isle of Man Water and Sewerage Authority raise material concerns and are a statutory authority and should be afforded party status in this case.

1. The Manx Electricity Authority is a statutory authority but does not raise material planning considerations and as such should not be afforded party status in this case.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 18.05.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

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

• : Notes attached to refusals

C 1. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.

C 2. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.

C 3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.

C 4.

This permission relates to the principle of the development of the site for a builders' and timber merchant's premises on the site defined in plans reference 01 and 02 both received on 3rd April, 2012.

C 5.

The application for reserved matters must demonstrate that the route of the proposed bypass through the land to the north west will not be compromised. This should be secured through the layout not involving within 25m of the line of the bypass as shown in the Department's submission at the Southern Area Plan Inquiry (PC129 and DOI 30) the erection of buildings or facilities where it is likely that personnel will be stationed for long periods of the day (eg offices). This area may be used, inter alia, for storage or car parking.

C 6.

The application for reserved matters must demonstrate that the north western boundary will be treated such that it acknowledges that should the by-pass be constructed, this boundary of the site will be visible to the passing public. The provision of landscaping along this boundary is encouraged.

C 7.

Submissions to the draft Southern Area Plan have indicated that this site may have archaeological interest and/or value. As such an appropriate archaeological evaluation must be carried out on the site and suitable archaeological mitigation designed into any proposed scheme and this must be included in any application for approval of the reserved matters.

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 : A Committee Meeting Date : 29.5.12

Signed : Samoult Presenting Officer

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