5 June 2024 · Delegated
Site Compound, Jurby Industrial Estate, Jurby, Isle Of Man, IM7 3bd
The application sought permission to create a second storey level over the existing footprint of Elliott Storage at Jurby Industrial Estate. The site already consists of stacked shipping containers forming two storeys of storage, with metal stairs and a connecting deck, situated on a prominent route within the estate. The application was refused on 5 June 2024. The decision-maker found that the proposed development, due to its overall height, bulky flat-roofed form, and block design, would create a dominant structure that fails to relate positively to the character of the surrounding area. The immediate surroundings are characterised by pitch-roofed industrial buildings, and the proposal was considered to adversely affect the street scene. Visual impact was the decisive issue.
The application was refused because the proposed second storey, with its flat roof, bulk, and height, would create a dominant structure out of keeping with the pitch-roofed industrial buildings that characterise the surrounding street scene. It was judged to fail to relate positively to its surroundings and not to make a positive contribution to the environment of the Island.
Refusal Reasons
Development Control
contrary to General Policy 2 and Environment Policy 42
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
character and need to adhere to local distinctiveness
contrary to General Policy 2 and Environment Policy 42
pment. 8.13.2 The extent of formal open space with in settlement boundaries in the South is identified on the Proposals Map (Map 3) and Inset Maps (Maps 4-7). The Isle of Man Strategic Plan (Environment Policy 42) seeks to protect these open spaces and indicates that: 8.13.3 "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a partic ular area will not be permitted.''
Design and visual impact
failing to comply with Strategic Policy 5 of the Isle of Man Strategic Plan 2016
Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. 4.4 Economy 4.4.1 The Spatial Strategy identifies the Major Employment Areas around the Island. While the majority of business and employment is focused around the Douglas Metropolitan Area, there are other major employment areas at Castletown, the Airport/Freeport, Peel, Ramsey and Jurby. The Department considers the distribution of employment areas provides a spread of employment opportunities around the Island. While recognising the opportunities for small scale local employment within existing centres it is considered new employment should, in the main, be concentrated within existing settlements or those major employment areas referred to in the Island Spatial Strategy and illustrated on the Key Diagram. Existing Local and new Area Plans will provide detailed boundar ies for these areas. From time to time Government may judge it appropriate to offer financial incentives to encourage economic activity or investment in particular parts of the Island.
Efficient use of land and resources
it is appropriate to consider the following planning policies
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
Development to safeguard character of existing towns and villages
it is appropriate to consider the following planning policies
Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (a) avoiding coalescence and maintaining adequate physical separation between settlements; and (b) having regard in the design of new development to th e use of local materials and character. 4.3.4 Most of our built heritage, our countryside, our coastline and our natural environment is of attraction, value and interest. Surveys commissioned by Government on the quality of life and the importance of heritage in the Isle of Man and internationally, have consistently shown that the historic landscape setting of the Isle of Man scores as t he single most significant factor for residents and visitors in supporting the concept of a specific and positive Manx identity. This "heritage identity" is a result of the combination of a rich diversity of historic sites and monuments, historic building s and residential settlements and a specific range of natural history attributes set within a predominantly rural landscape setting which links modern life to a sense of historic legacy and beauty, the retention of which is strongly supported by Government and the resident community. 4.3.5 The landscapes of the Island are very varied, and their nature and variety is the consequence of thousands of years of interaction between the natural and cultural aspects of the Island through human activity within the enviro nment and an innate respect for the natural and historic qualities they represent. 4.3.6 This landscape heritage is more than simply the sum of its parts. The combination of geology, geomorphology, wildlife, archaeology, history, traditional buildings and the natural settings for traditional activities and customs, combine in the rural and built environment to provide an inseparable element of "Manxness". It provides an overarching context which makes the landscapes of the Isle of Man unique and gives them the value which is acknowledged by those who live here and those who visit. The protection and promotion of this element within Manx society is an important element in central Government policy and the Strategic Plan, which both support the view that these v alued characteristics of the Isle of Man be acknowledged and protected for the future from inappropriate development. 4.3.7 This protection will apply to areas of heritage value, to sites of heritage value and to general traditional landscape settings within the Island which are deemed to contribute to the sense of the Island's heritage identity. Heritage landscape value will therefore be a consideration in all aspects of planning, with a view to retaining and enhancing this value wherever possible.
Consideration of the potential adverse impact of alterations and improvements to existing facilities on neighbours
the proposed alteration would be compliant with EP23 and GP2
Environment Policy 23: When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours. 7.18 Environmental Impact Assessment(1) 7.18.1 Environmental Impact Assessment (EIA) is an important procedure for ensuring that the likely effects of new development on the environment are fully understood and taken into account before the development is allowed to go ahead. It is a process by which information about the likely environmental effects of certain types of development is collected, assessed and taken into account by the developer (as part of project design) and by the planning authority (in determining the acceptability of the application). In cases w here developments are likely to have significant environmental effects, whether public or private, by virtue of their nature, size or location, EIA's will be required and the general principles set out in Appendix 5 should be followed. 7.18.2 For some types of development, EIA's will be required in every case, whilst other development will only require an EIA if the particular project is judged likely to give rise to significant environmental effects. Where development does not fall wit hin these categories, (1) Environmental Impact Assessment is defined in Appendix 1 but still has a significant effect on the environment, the Department will require suitable supporting environmental information. The main criteria for judging significance are as follows: i. major developments which are of more than local importance; ii. developments which are proposed in particularly environmentally sensitive or vulnerable locations; iii. developments with unusually complex and potentially hazardous environmental effects. 7.18.3 A Planning Policy Statement will be issue d specifying the manner in which the Department intends to deal with applications which should be subject to EIA. Pending the adoption of the proposed Planning Policy Statement the Department will adopt current practice on EIA's from England and Wales set out in the publication "Environmental Impact Assessment: A Guide to Procedures" (1).
The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan
it is appropriate to consider the following planning policies
Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan. 9.1.3 This chapter concent rates on the land use implications of business activity, including industry, storage and distribution, office and commercial development, retailing and tourism. 9.1.4 In respect of employment land availability, the Department has undertaken and published an Employment Land Availability Study (1). A summary of this is included in Appendix 9. Across the Island there are some 118 hectares of land allocated for industrial development. Much of this is concentrated around Ballasalla and the Airport. There is, however, a spread of land available across the Island to support employment and regeneration opportunities in each area. Such land will be important to support the regeneration of the Service Centres and the Gateway and Employment role of the Airport area. 9.1.5 The Douglas area has seen by far the bulk of the industrial land take up in recent decades and much of the land allocated for such purposes has been taken up. This is why the Department has resolved to proceed with a Development Order for the development of some 20 hectares of employment land to the south of Cooil Road. A recent report on the take up of industrial land in the Douglas area indicates that it has been faster than anticipated and at current rates that all the land will be required by 2015. While the situation will be subject to detailed assessment in the preparation of the Plan for the East, the Department is satisfied that the release of additional land is both necessary and appropriate at this stage. 9.1.6 The Department has also reviewed planning permissions for office development. The majority of these are focused in the Douglas area. Take up has been low in recent years with the exception of certain relocations to corporate headquarters, such as Skandia. There are a number o f sites still available for new office development, in addition to the existing stock. Of note is the recent trend for sites with office consents to subsequently secure planning permission for residential use. The most notable example being the final pha se of the Villiers development, which now has a residential permission in addition to its partly - implemented office consent. 9.1.7 The following information has been extracted from the Review of Economic Strategy (Treasury 2003) which formed part of the background to the Economic Strategy 2004 approved by Tynwald in October that year. (1) Employment Land Availability Study DLGE 2007 9.1.8 The Isle of Man has enjoyed unprecedented economic success in the last ten years. Over this period annual gross domestic product, or GDP (the value of the economy' s output of all goods and services), has more than doubled in real terms (both absolute and per capita) such that from a deficit of around one quarter, per capita GDP in the Isle of Man now exceeds that of the UK by 7% and the average for the European Union (EU 15) by 10%. 9.1.9 The period 1993 - 2000 saw the economy not only expanding but doing so at an accelerating rate, before slowing in 2000/01. Since 2001 the economy has continued to grow at around 5% per annum (the latest national income accounts revealed growth of 5.9% in 2002/03), meaning that, after the recession in the early 1980's the Isle of Man economy has recorded economic growth in each of the last twenty years. 9.1.10 This economic performance has been led by the financial and related se rvices sectors. The finance industry grew by over 80% between 1996 and 2001 alone. But the table below illustrates that probably all areas of Manx economy are today generating more income in real terms than a decade ago, even it the relative importance o f some, most noticeably manufacturing, has declined. Table One - Sectoral Contributions to National Income 1992/93 v 2000/01 (at 2000/01 prices) Contributions to National Income (£) Real Increase in income generated (%) 1992/93 % 2000/01 % Manufacturing 72.0 11 76.7 6 6.5 Finance 229.7 35 505.4 41 120.0 Tourism 41.0 6 67.7 6 65.1 Agriculture/Fishing 11.7 2 15.8 1 35.0 Construction 46.7 7 89.6 7 91.9 Professional Services 96.7 15 186.1 15 92.4 Utilities, Distribution and Miscellaneous Services 133.1 20 223.8 18 68.1 Pubic Administration 34.6 5 53.6 4 54.9 Total 665.5 100 1,218.7 100 83.1 9.1.11 National income data aside, the clearest indication of the economic success enjoyed by the Island in recent times comes from the labour market. Census results show that the workforce increased from 33,189 in 1991 to 39,685 by 2001, an increase almost identical to that in the total resident population over the period. But the number seeking emp loyment but who were unemployed at the time halved from 1,360 to 635. 9.1.12 Changes in the underlying structure of the economy reflected in the national income accounts are further depicted in the Census statistics below showing the distribution of labour between the different sectors of the economy. Table Two - Employment by Sector 1991 v 1996 1991 1996 2001 No. % No. % No. % Agriculture and Fishing 1,240 3.9 938 2.8 543 1.4 Manufacturing 3,348 10.5 3,562 10.6 3,185 8.2 Construction 3,404 10.7 3,372 10.0 2,512 6.4 Utilities1 513 1.6 462 1.4 515 1.3 Transport and Communications 2,437 7.7 2,688 8.0 2,970 7.6 Wholesaling and Retailing 3,844 12.1 3,692 11.0 4,372 11.2 Finance 4,353 13.7 5,942 17.7 8,959 22.9 ICT2 n.a n.a n.a n.a 361 0.9 Professional Services 5,438 17.1 6,081 18.1 7,296 18.7 Tourist Accommodation 856 2.7 765 2.3 743 1.9 Entertainment and Catering 1,403 4.4 1,156 3.4 2,116 5.4 Miscellaneous Services 2,849 9.0 2,768 8.2 2,373 6.1 Public Administration 2,144 6.7 2,146 6.4 3,105 8.0 Total 31,829 100.0 33,5773 100.0 39,050 100.0 Notes: 1 Electricity, gas and water 2 Not separated out from other sectors until 2001 3 Includes 5 where occupation not recorded 9.2 Industry and Storage and Distribution 9.2.1 The nature of industrial activity on the Island changed very considerably during the last century. The previously dominant primary industries of fishing and agriculture now contribute only 1% to the Gross Domestic Product (GDP) and provide only 1.4% of our total employment, whereas manufacturing contributes 6% to the GDP and provides 8.2% of our employment, and the construction industry contributes 6% to the GDP and provides 6.4% of our employment. Storage and distribution has also become a more important activity, particularly in terms of the demands it makes on land, buildings, and access requirements. 9.2.2 Most of the Island's industry is located close to major transportation links, particularly in the case of Douglas, Braddan and Ballasalla, which all have convenient access to Ronaldsway airport and Douglas harbour. Ramsey and Peel harbours are used for the importation and exportation of large scale good s (fuel, building supplies etc). All of these are conveniently accessible to significant pools of labour. In order to minimise excessive transportation of goods and travel for employees, and to promote sustainable development, much of the Island's future industrial development should continue to be concentrated in these locations, and appropriate areas of land should be made available for such uses in the Area Plans for these parts of the Island. It will also be appropriate, when formulating Area Plans for our smaller settlements, to make provision for the continued operation of small -scale family businesses, particu
On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution
it is appropriate to consider the following planning policies
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".
Highway Safety
this element of the proposal aligns with the principles of TP 4
Transport Policy 4: The new and existing highways which serve any n ew development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. 11.3.2 Notwithstanding policies within this plan which encourage travel by means other than private car it is anticipated that the number of vehicles using the Island's roads will continue to increase. This increase in demand is likely to lead to a greater need for road impro vements in order that travel can take place in a safe, effective, and environmentally acceptable manner. The Department of Transport will continue to assess the need for such improvements to public highways and undertake works where appropriate, with much of the improvement within existing roads carried out under the provisions of the Town and Country Planning (Permitted Development) Order2005. The need for improvements to the Island's highway network must be balanced against the environmental objectives of this plan.
Parking Provisions
the Strategic Plan parking requirements should be the key reference for the proposed scheme
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.
