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Cornerstone Architects 79 Parliament Street Ramsey IM8 1AQ
TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019
In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Livelladean Limited, Ref 24/00314/B, for the Erection of a block of 20 light industrial units at Land East Of Unit 3 Clock Tower Industrial Estate Foxdale Isle Of Man IM4 3HF .
Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.
Reason: To ensure the provision of an appropriate landscape setting to the development and for biodiversity.
Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
Reason: Required to safeguard and enhance the character and amenity of the site and locality by ensuring compliance with the tree protection and to ensure that professional technical advice is on hand to deal with problems that arise or modifications that become necessary.
(2023). This should include any lighting in the public domain, including street lights. Reason: In the interests of biodiversity of the site/area.
Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal is incorporated into the design and the build and that the principles of sustainable drainage are incorporated into this proposal and maintained for the lifetime of the proposal.
Reason: In the interests of surface water flows and prevent flooding. This approval relates to the submitted documents and drawings reference numbers all received;
08.08.2024 Drawings
Letters Agents Response to Highways - 7th August 2024 - Cornerstone Architects
NOTE The applicants are strongly recommended that prior to any works (including emergency work) that interacts or disturbs the mining features they contact Energy & Minerals Division of DEFA. Further the applicant is advised that the Department does not accept responsibility for damage occurred to buildings or land because of historic mine workings.
This decision has been made for the following reasons(s) It is considered the proposal has a number of material planning matters which need to be considered. The proposal would be developing a site which is designated for industrial development.
The development will clearly change the landscape character of the site/area from one a previously developed site, albeit no apparent built development in place, to a prominent industrial estate. As discussed within this report it is considered there is a visual harm caused by the development; which weighs against the proposal; albeit the land is designated for such development and the proposed building in terms of finishes and proposed landscaping are such that the impacts would be reduced. The development will appear as an extension of Foxdale into the open countryside; albeit this is not an uncommon occurrence around existing settlements and has been happening to other settlements for decades.
The proposal would equate to a sustainable development given its closeness and good pedestrian and cycle links to residential areas in Foxdale which is designated as a Service Village and would meeting the overarching aims of the IOM Strategic Plan i.e. "Towards a Sustainable Island" and other Government Document's seeking sustainable development and Active Travel.
There are no highway safety/parking concerns raised by the development and while the proposal will increase traffic generation it has been confirmed by Highway Services that this would not have an unacceptable impact to the existing highway network.
There proposed development will not result in an unacceptable risk from flooding on or off site. Further, the surface water runoff and foul drainage have all been accommodated in a suitable and acceptable way for the relevant drainage authorities.
Ecology impacts have been adequately addressed and with the proposed mitigation proposed/conditioned it is considered the development would be acceptable.
Finally, in terms of the economic benefits, the submission will bring a number of job
It is considered for the reasons indicated within this report the proposal overall, would not have any significant adverse impacts upon public or private amenities and would therefore comply with;
Isle of Man Strategic Plan 2016 Strategic Policy 1, 2, 3, 4, 5, 7 & 10; Spatial Policy 1 & 3; General Policy 2 ; Environment Policy 4, 5, 7,10, 13, 22, 24, 26, 27, 28 & 42; Business Policy 1, 2 & 5; Community Policy 10; Transport Policy 1, 2, 4, 6, 7 & 8 of the Isle of Man Strategic Plan 2016;
Foxdale Local Plan 1998 Climate Change Act 2021 Manual for Manx Roads Our Island Plan January 2023 Active Travel Plan Travel Investment Plan 2019 A Guide for Applicants: Supplementary Guidance on Economic Issues - December 2022 Landscape Character Assessment - Foxdale - Incised Slopes.
Date of Issue: 2nd October 2024
J CHANCE Director of Planning and Building Control
Guidance Note This decision was made by the Planning Committee in accordance with the authority delegated to it. This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.
A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.
Implementation The decision does not become final until either Any appeal has been concluded; or 21 days have passed since the date on this notice and no appeal has been submitted
Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.
Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.
Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: the grounds for making the appeal; payment of the planning appeal fee (currently £355); and
if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £130). Where the appeal is submitted by the applicant they must:
specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.
Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated. An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.
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