Change of use of industrial units to vehicle servicing, repairs and sales (retrospective)

General Policy 2

applies to proposals that are in accordance with the land-use zoning

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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces 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; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (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 unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (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; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development

Transport Policy 7

parking provision must be in accordance with the Department's current standards

Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.

Business Policy 5

both naturally fall within the broader industrial use and therefore would not conflict with Business Policy 5

Business Policy 5: On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either: (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viabil ity of the appropriate town centre shopping area. 9.2.7 Where industrial development is proposed, it is essential that all parking and manoeuvring by vehicles which will be generated by the use of the site can be accommodated within the site and off the highway. This is particularly important within industrial estates where lack of parking and manoeuvring space can create significant difficulties for other estate users, particularly where the use of large and articulated vehicles is involved. Where mezzani ne levels are proposed after a building has been completed, the Department may require more parking space to accommodate the additional traffic which would be generated. The standards of parking provision which will be required are set out in Appendix 7. 9.2.8 Local requirements for industrial development of a particular sort will be identified during the preparation of Area Plans. The Department is aware that, within some parts of the Island, there is a demand for small "starter units".

Business Policy 2

relate to the zoning of land for industrial processes

Business Policy 2: Land for industrial development should be designated in all parts of the Island, having regard to: (a) scale, which should be appropriate to the area; (b) the availability of public transport links; (c) the proximity of labour; and (d) the availability of water, sewerage and other utilities 9.2.3 Industrial buildings are defined as follows: "industrial building" means a building (other than a building in or adjacent to or belonging to a quarry or mine and other than a shop) used for the carrying on of any process, for or incidental to any of the following purposes, namely:- a) the making of any article or of part of any article; or b) the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or adapting for sale, or breaking up or demolition of any article; or c) without prejudice to the foregoing para graphs, the getting, dressing or treatment of minerals; being a process carried on in the course of trade or business other than agriculture, and for the purposes of this definition the expression "article" means an article of any description, including a ship or vessel. Such buildings are sub -divided into light i ndustrial, general industrial and special industrial buildings, each defined as follows: "light industrial building" means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are s uch as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles; the use of lig ht industrial buildings for research and development of products or processes is permitted by the Town and Country Planning (Permitted Development) Order 2005. "general industrial building" means an industrial building other than a light industrial building or a special industrial building; "special industrial building" means an industrial building used for the carrying on of processes (including storage) which may be particularly offensive by reason of noise, smell, vibration, smoke, soot, ash, dust, g rit, or fumes, or dangerous by reason of the storage or use of dangerous or inflammable material, or inimical to public health by reason of vermin or other causes. Many I.T. and e -businesses successfully operate in the new generation of industrial buildings. At the same time many operate successfully in standard office environments or even heritage buildings. In planning terms the principal distinction is between those enterprises that manufacture physical products and require production, packaging and distribution space and those enterprises whose products, as such, do not have the same processing requirement. In most cases the former enterprises can be located in appropriate industrial estates or business parks (1) in a range of different buildings. In the latter, office type accommodation may be now appropriate. (1) Business Park is defined in Appendix 1

Business Policy 3

references the onus for the Department to identify areas which are suitable only for light industrial use

Business Policy 3: When zoning land for industrial processes, the Department will identify those parts of the land, if any, which are suitable only for light industrial use.

Environment Policy 22

Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties

Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.