Planning Statement

Planning Statement For Approval In Principle For The Erection Of An Industrial Building For Purposes Of Storage And Distribution (Class 2.4) And Associated Parking And Landscaping, Land At The Clocktower Industrial Estate, Foxdale

Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e:[email protected] w:www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

Sarah Corlett

A hand-drawn site plan showing property boundaries, a nearby community centre, and a designated area for vehicle parking with dimensions.

1.0 Introduction

1.1 This site, which is approximately 0.3 acres in size, lies to the south east of the heart of Foxdale village. Access to the site is from the A24 road which runs from Douglas at the Cooil roundabout to Foxdale, ending at its junction with the A3 Foxdale Road and which sits to the north of the site. 1.2 The estate road serving the site runs southwestwards from the A24 providing access to Magic Carpets and the rear of the adjacent industrial buildings and Bettridge Motors, then turns south east, passes the existing industrial unit which is subdivided into smaller units which are all currently occupied and leading to the site of a recently permitted industrial development (see Planning History). The site which is the subject of this report lies to the south east of the access road and is separated from the A24 by undeveloped open land shown as "Tip" on the map below taken from the most recent application on the site. 1.3 The site is part of a larger area which in ownership extends to the access lane to Kiondhooag - see below which as the location plan submitted for the most recent application on the proposed development site (see Planning HIstory).

[^0] [^0]: Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624485517 e: [email protected] w:www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett Company Registration 134325C

Sarah Corlett

TOWN PLANNING CONSULTANCY 1.4 The site is presently permitted for use for the parking of a tractor unit, a 7.5 tonne truck and a 9 m long trailer and a pallet truck as shown above, and for industrial storage using these vehicles (see Planning History).

1.5 The are generally was formerly mined and a number of the original shafts have been filled in. The 1868 County Series maps (see below) show how industrious this area was at that time and the myriad of shafts, tunnels, mines and the infrastructure that went along with them - the powder magazines, water wheels, hoists, washing floors, saw pits, sluices, pumping rods, aqueduct, engine houses and wells (see below) some of which still exist and have archaeological value. The site appears to be clear of any such structures (field annotated 3121).

1860s County Series map 1.6 Much of this former mining area has been developed, incorporating restoration, the most recent of which is at the Louisa Mine site on which there is now a dwelling Louisa House - which was built in the 2010s (see Planning History) and incorporated the restoration of the land on both sides of the minor road linking the A24 with the Stoney Mountain Road. 1.7 The land between Louisa House and the existing industrial buildings and Bettridge Motors, remains undeveloped despite planning approval having been granted for various residential schemes (see Planning History later). 1.8 The site sits lower than the A24 with a naturalised, unmanaged area which is not part of the site, between the site and the road.

A black and white historical map or site plan showing land parcels, field numbers, and existing structures like a reading room.

1.9 The land is relatively ﬂat with a naturalised boundary to the river of self seeded sycamore, brambles and a whitebeam.

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1.10 To the east the land falls slightly and there is then a post and wire fence beyond which the site rises up to the lane to Kiondhooag.

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2.0 Planning policy
2.1 The starting point for the determination of any development proposal is the land use designation: this will establish whether any further development will be acceptable.
2.2 Generally, land that is not designated for development - and that is most of the Island which is outside a settlement - is protected from development unless it meets one of the exceptional tests. This is in order to ensure that the countryside remains open and rural, so that there is enough land for agriculture so that the Island can produce its own food and also so that development is sustainable - ie that people are not reliant upon private transport to get to and from work, school, shops and services. This is set out in the Isle of Man Strategic Plan 2016.
2.3 Where land is designated for a particular purpose, it is expected that it will be developed and used for those purposes unless there is justiﬁcation for an alternative use or development.
2.4 Foxdale Local Plan 1999

2.4.1 The Foxdale Local Plan covers land which falls within both Patrick and Malew, the Malew section now being covered by the Area Plan for the South which was adopted in 2013. The Foxdale Local Plan is currently the only adopted development plan for this site although there is a draft Area Plan for the North and West which will supersede this if and when it is adopted (anticipated to be some time this year).
2.4.2 On the Foxdale Local Plan, the site is designated as partly Residential with the section closest to the access road as Light Industrial (see below).

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2.4.3 The Foxdale Local Plan provides a lot of information about the contamination of some parts of the village and also the archaeological and wildlife interest of some of its areas. The green dashed line above is the northern boundary of a nature conservation zone although more site speciﬁc information on this is available in the draft Area Plan (see below).
2.4.4 This site lies within an area which is annotated in Figure 2 as “Evidence of a limited degree of heavy metal contamination that may limit end use unless restored”.

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A zoning map displaying land use designations such as 'Predominantly Residential' and 'Light Industrial' with property boundaries and road features.

A site location map showing land use designations including 'Light Industrial' and 'Predominantly Residential' areas with road networks and boundaries.

2.4.5 The Plan contains a policy which requires that in areas know to contain a risk of heavy metal pollution, all planning applications must contain evidence of former mining activities on the site, refer to the nature of any spoil material, soil samples taken and analysed, soakaways should be avoided and full details of drainage must be provided.
2.4.6 There would not appear to be any archaeological or ecological features on this site according to the plans and information accompanying this Local Plan.

2.5 Area Plan for the North and West

2.5.1 The Cabinet Ofﬁce, which is the Government Department responsible for preparing area plans, is in the process of preparing a plan for those parts of the Island which are not presently covered by an up to date plan - notably the north and west of the Island. This includes Foxdale and the proposed development site.
2.5.2 This is now towards the end of the process of preparation with Tynwald consideration expected later this year. As stated previously, if adopted, this will replace the Foxdale Local Plan.
2.5.3 The latest version of the draft Area Plan shows the entirety of the site as Residential:

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A planning map showing site boundaries, roads, and zoning areas in purple and pink.

A planning map displaying land use designations and property boundaries with colored zones and labels.

2.5.4 The site, absorbed into PTR004b, has a development brief which includes thefollowing:

A low-resolution, zoomed-in section of a site plan or location map showing road networks and property boundaries.

A cropped view of a planning site plan showing a thick black boundary line and a yellow highlighted area on a map background.

1. The site shall be used for predominantly residential uses.
2. Any planning application to develop the site must include suitable supporting environmental information to allow full and proper assessment of the impact of the proposal. As a minimum, a preliminary ecological appraisal and any necessary protected species surveys will be required given the proximity to an Area of Ecological Interest.
3. Any planning application should be accompanied by supporting evidence on how the proposal has considered the potential for mine workings in the area and how this has been mitigated.
4. There must be no net loss of biodiversity and biodiversity net gain shall be sought according to current strategic policy or legislation.
5. Where development might result in the loss of agricultural land of Classes 1 or 2 an application must be accompanied by a soil quality survey of the site.

2.5.5 The draft Area Plan also hasmaps which show constraintswhich might apply to a site. Thesite appears not to be included inan ecologically important area(orange stripes right) although thissurrounds the site. There are nosuch designations on the IslandEnvironment map.

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2.5.6 There are no infrastructural constraints shown on the relevant map. However, on the national ﬂood risk maps the site is shown to be at high likelihood of surface water ﬂood risk:

2.6 Strategic Plan

2.6.1 The second arm of policy to be applied to any development proposal is the Strategic Plan which was adopted after the Foxdale Local Plan so where there is a conﬂict with anything that would apply to the site in the Strategic Plan compared with what the Local Plan says, the Strategic Plan would take precedence. On adoption, the Area Plan for the North and West would take precedence over the Strategic Plan if there is any inconsistency.

2.6.2 It is generally expected that development will be in accordance with the land use designation. Currently (Foxdale Local Plan) some of the site is designated as Industrial with the majority being Residential. In the draft Area Plan all of the site in its entirety is designated as Residential.

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2.6.3 There are a suite of policies which direct development to existing settlements, of which Foxdale is one, and particularly residential development (Housing Policy 4).
2.6.4 Residential development is protected from potentially polluting neighbours:

7.19.1 Development will not be permitted where it would be incompatible with an existing use of land. In the case of new residential development, this will not be allowed where properties would suffer unacceptable loss of amenity due to exposure to existing sources of pollution whether this is from noise generation, odours or airborne pollutants such as dust. Not only could this reduce the quality of life of future residents but it could lead to future complaints that may prejudice any future development or expansion of an existing land use. Environment Policy 24: Pollution-sensitive development will only be allowed to be located close to sources of pollution where appropriate measures can be taken to safeguard amenity.

2.6.5 General Policy 2k requires that development does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan.
2.6.6 There are policies and statements in the Strategic Plan which support industrial development:

4.4.2 To maintain a healthy and diverse economy, there needs to be sufﬁcientland available for industrial, ofﬁce and retail purposes. Accordingly:

Strategic Policy 7: Undeveloped land which is zoned in Local or Area Plans for industrial, ofﬁce, or retail purposes will be retained and protected for such uses, except where those uses would be inappropriate or incompatible with adjoining uses.

4.4.3 In the preparation of an Area Plan the Department will consider theappropriateness of the continuation of any industrial, ofﬁce or retail zoning onundeveloped land and whether other uses may be more appropriate.

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Alternatively, the Department may promote development briefs to redevelop existing industrial, ofﬁce or retail land and buildings to more appropriate development as long as provision is made for the relocation of existing business.

2.6.7 There are also policies which refer to contaminated land:

7.20.2 The practice of reclaiming contaminated land and bringing it back into beneﬁcial use is supported, whether it be suitable in the end for open space or residential development or as deemed appropriate in the Area Plans. It is important that however former contaminated land is utilised, both health and property are safeguarded. Detailed surveys may be required to identify the extent of contamination and how contamination problems can be overcome. On sites where the Department has no control, the developer will have responsibility to ensure that any development site is free of contamination which may constitute a hazard to occupiers or potential users of the development or land. Furthermore, precautions will be essential to ensure that contaminants cannot escape from the site which may cause airborne or waterborne pollution or pollution of nearby land.

Environment Policy 26: Development will not be permitted on or close to contaminated land unless it can be demonstrated that there is no unacceptable risk to health, property or adjacent watercourses.

7.21.1 In addition to the need for protection there is also a need to carry out enhancements to the natural environment if a sustainable vision for the Isle of Man is to be achieved. Opportunities for environmental enhancement, such as tree planting, the removal of eyesores and the management of habitats will need to be identiﬁed in Area Plans with the full involvement and support of local communities. Such opportunities may include former mining areas which have been or are in the process of being reclaimed. Appropriate reclamation should protect or enhance features of industrial or archaeological signiﬁcance.

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Environment Policy 27: The Department will seek to enhance the natural environment, including sites contaminated by former mine workings, along with other Government Departments, local communities, the private sector and all appropriate agencies in order to ensure the appropriate reclamation, water management, planting of appropriate tree species, the management of special habitats including aquatic habitats and the removal of eyesores.

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 mezzanine 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.

This states that light industrial development must have 1 space per 30 sq m gross ﬂoorspace, general industrial development is required to have 1 space per 50 sq m gross and storage and distribution 1 space per 100 sq m gross.

2.6.8 General Policy 2. This requires that development achieves the following things (ones considered to be irrelevant to the proposal are omitted):

(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;

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(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;
(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.

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2.6.9 The Strategic Plan also has policies which protect ecology (Environment Policies 4 and also 7 which requires that development will not normally be permitted within 8m of a watercourse in order to protect aquatic and bankside habitats), presume against development which is at risk of ﬂooding or would increase ﬂood risk (Environment Policies 10 and 13), protect archaeology (Environment Policies 27, 40 and 41).
2.6.10 Industry is deﬁned in the Strategic Plan 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 paragraphs, 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.

2.6.11 Such buildings are sub-divided into light industrial, 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 such 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 light industrial buildings for research and

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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, grit, 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.

2.6.12 The Use Classes Order 2019 further subdivides Industry into Light Industry and Research and Development (Class 2.2), General Industrial (Class 2.3) and Storage or distribution (Class 2.4).
2.6.13 The Strategic Plan encourages the growth of employment opportunities (Business Policy 1) and where land is designated for industry there is a presumption that this land will be used for industrial or storage and/or distribution purposes and that retail will generally not be permitted unless those items to be sold could not reasonably be sold from a town centre (Business Policy 5).
2.6.14 Foxdale is described in the settlement hierarchy in the Strategic Plan as a Service Village where development should, where appropriate, increase employment opportunities.

2.7 Landscape Character Assessment 2.7.1 This was a study which was commissioned by the Department to ultimately replace the areas of High Landscape or Coastal Value and Scenic Signiﬁcance on the Isle of Man Planning Scheme (Development Plan) Order 1982 with landscape types. This includes the application site in an area of Incised Slopes - D11 Foxdale where there is a detailed description of the area (see Appendix Two) and the strategy is (my underlining):

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“to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric ﬁeld pattern side lineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities.The overall strategy should be to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric ﬁeld pattern side lineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities.”

2.8 Other policies and constraints 2.8.1 There are no Registered Buildings or Registered Trees on the site and it does not lie within an existing or proposed Conservation Area.

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3.0 Planning History
3.1 The site itself has been or is part of land which has been the subject of a number of applications for residential development - 88/01883/A (refused), 15/00978/B (24 dwellings - permitted), 20/00776/MCH (minor change of 15/00978/B - withdrawn prior to determination), 19/01444/B (26 dwellings - withdrawn prior to determination).
3.2 Most recently planning approval was granted for the use of the site for storage and parking of industrial vehicles (23/01499/C).
3.3 The land to the east of the overall land owned was the subject of various applications for residential development -

07/01834/B - residential estate layout - withdrawn prior to determination),

13/00054/B (residential layout of roads, plots and sewers - refused),
14/00295/A (approval in principle for residential development - permitted),

16/00751/B which extended the permission for the submission of the reserved matters to 05/09/2018) and most recently,

22/01134/A (approval in principle for residential development - permitted and valid until 02.12.28). This land has been proposed for removal from residential status on the emerging draft Area Plan although objections to this have been submitted.

3.4 Land to the south has recently been permitted for the erection of 20 industrial units (24/00314/B).

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4.0 The proposal
4.1 Proposed is the principle of the erection of an industrial building on the site, the surfacing of part of the site to provide a suitable surface for parking and vehicular manoeuvring. All detailed matters are proposed to be reserved for future determination.
4.2 The application is in principle only as we are aware of the land use designations and are concerned that, given the need for detailed information about the geostructural and geochemical nature of the ground together with information on ecology, a detailed drainage strategy and information on visibility splays and highway safety, if the principle of this proposed development could be determined ﬁrst, and was found to be unacceptable this could avoid considerable abortive expenditure. We are conﬁdent that the information which is provided with this application demonstrates, without that more detailed information, that the site could be developed acceptably and that the principle is acceptable with all matters reserved.
4.3 The application proposes the erection of a single industrial building to accommodate the approved use which is storage and distribution (Class 2.4) with the capacity for the business to expand. The building will have a footprint of 20m by 35.4m and will have an eaves height of 6m which allows up to three HGVs to access the building for loading and unloading in the dry.
4.4 The building will accommodate three large roller shutter doors which could accommodate the HGVs which are involved in the proposed business together with a pedestrian door at the far left of the front elevation which accommodates a ground ﬂoor ofﬁce and reception area which would be accessible to all users.
4.5 Also proposed is the surfacing of the site in a permeable material to provide a suitable surface for industrial vehicles to use but retaining a landscaped strip around the building.
4.6 The accompanying plans, whilst in principle only at this stage, demonstrate how a building which would be suitable for the proposed purposes, could be erected

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together with appropriate parking and access. The plan also shows where new landscaping could be introduced to not only improve the appearance of the site but also help to screen the proposed development from both public view and any outlook from the adjacent site which is designated for residential use.

4.7 The detailed proposal will be accompanied by a landscaping scheme which will include native species of trees and shrubs and the accompanying site plan shows where this planting could be introduced.
4.8 The proposed building is at least 8m from the river bank and with a landscaped buffer between the building including the hardstanding and the edge of the site which marks the top of the river bank. The bank is presently natural with some self seeded trees along it and with the river several metres below.
4.9 Surface water will be collected and directed to the existing surface water drain running below the estate road to the north west.

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4.10 The operation currently employs two persons - one driver and one ofﬁce worker but with permanent facilities the business can grow to employ three drivers and two ofﬁce workers. The business mainly delivers Island wide from the depot rather than customers calling to collect items but this might happen on the rare occasion that the applicant is unable to deliver the customer’s item.

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5.0 Assessment
5.1 The site is presently partly designated for industrial land and partly for residential use on the Foxdale Local Plan: in the emerging draft Area Plan the site is designated in its entirety for residential use. As such, the proposed industrial use and development of the site is not entirely consistent with the adopted development plan..
5.2 If industrial development were to be considered acceptable here, it must be demonstrated that this would be compatible with and would not prejudice the residential use and development of the land (which is within the same ownership), to the immediate east, both in terms of any buildings and the use and associated noise, trafﬁc and other potential impacts. It must also be demonstrated that the proposal would not undermine or conﬂict with the objectives of the development plan.
5.3 The use of the site for storage and distribution has been permitted. The ofﬁcer dealing with this most recent application on the site seems to refer to the potential conﬂict with the plans use designation where she says

“4.1 The front half of the site is zoned as "light industrial" with the rear of the site being zoned as "predominantly residential," and within a "nature conservation zone," upon the Foxdale Local Plan 1999.”

“6.3.2 With the above in mind the parking of the proposed vehicles within the site would not be something which would look out of place. Whilst this is the case, due to the area itself it is necessary to make sure a condition is attached that it is only for the vehicles requested so that the site in question does not turn into a car park.”

“6.6.1 it should be noted that the site is situated within a Flood Risk Zone, whilst this is the case, the proposal does not add any built development to the site which could increase the ﬂood risk of the site overall, with the proposal being for parking. As such from this point of view a Flood Risk Assessment would not be required.”

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“7.1 Overall, the proposal itself is not for a built development which would require that the land be managed due to the contamination and risk to the environment, but for the parking of vehicles which would have a minimal impact upon the site as a whole, due to the amount of parking that is required.”

5.4 Whilst this current application proposes a permanent building for the same use of the site, and an intensiﬁcation of the permitted use, we would ask that the following is taken into consideration in support of the proposal.

Impact on residential development opportunities

5.5 Foxdale is a settlement where employment and housing is encouraged in appropriate amounts. Additional residential development opportunities, over and above what have been provided for in the draft Area Plan have been provided through the approval of 22/01134/A on appeal. As such, any loss of residential development opportunities through the development of what is a relatively small part of the residential site for industrial purposes would not result in a deﬁcit of residential development opportunities as identiﬁed in the draft Area Plan sufﬁcient to result in the industrial development being harmful in that respect.

Opportunities for employment generation

5.6 It is important that sufﬁcient land remains available for industrial/employment use (Business Policy 1). Whilst permission has been granted for the use of the site for storage and distribution, this is unlikely to be a long term facility due to the unsuitability of the site surface for accommodating large vehicles over long periods of time. The temporary use would also not deliver any landscaping, proper drainage connections nor visually improve the appearance of the site.

Extent and capacity of the residential land

5.7 The draft Area Plan for the North and West suggests that the residential land allocated is capable of realising 4 dwellings which could be considered an under utilisation of the area available (0.85 ha) and thus contrary to Strategic Policy 1. This

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site, we would suggest is more than capable of accommodating the proposed industrial development as well as the indicated 4 dwellings, or even more without upsetting the provisions of the draft development plan.

Character and amenities of the site

5.8 The site is visually and functionally more part of the industrial area than the residential part of the village. The site will have the traffic associated with the existing and permitted industrial developments running right past it. We would submit that having residential development right up to the existing industrial estate access road would be unlikely to deliver desirable houses so close to an industrial access and its associated traffic.

Area immediately opposite the site

Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett, Nicola Jane Corlett Company Registration 134325C

5.9 The site is topographically, visually and ecologically quite different from the residential land to the east. The owner of the site has been advised that the development of this area for housing will necessitate signiﬁcantly more ground excavation and piling than the rest of the site, perhaps rendering it less suitable for residential development. Industrial development would involve the construction of a concrete pad on which the building would be erected and avoiding the previously suggested piling.
5.10 The separation of the residential area into two sections, one (the site) being industrial could involve the creation of a landscaped buffer strip between the two uses providing not only visual and aural screening of the industrial development and activity from the houses but also increasing biodiversity and taking account of the ecological information in the draft Area Plan.
5.11 The approved use of the site results in an industrial character which the ofﬁcer considered would not be something which would look out of place provided that the site did not turn into a car park - although arguably that is what may be seen on the other side of the estate road and is not considered to be out of place in this part of the village.
5.12 The site has a backdrop of the mature trees which sit on the southern side of the river and from the approach from the east is partly screened by a small stand of sycamore which sit alongside the road.

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Suitability of the existing site for industrial uses

5.13 Whilst permission has been granted for the use of the site for industrial purposes under 23/01499/C, the ground is not ideal as it is for such use, without resurfacing and work to deal with the mud and potholes.
5.14 Even in dry weather, the turning of the HGVs disturbs the surface and wears it which is not ideal for moving items for deliver onto it as they can get dusty and dirty.
5.15 As stated above, the site is functionally and visually more associated with the industrial uses and developments immediately adjacent, than with any existing or proposed residential development. We would submit that the site is more suited for industrial use and development than for residential.
5.16 The site is naturally in two parts - the sloping area closest to the Kiondhooag lane and then the ﬂatter part - which would accommodate the landscaped buffer and then the rest of the site which is visually and functionally part of the industrial area.

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5.17 Whilst the site is identiﬁed on the ﬂood risk maps as being at risk of surface water ﬂooding, as with the surrounding area, the river alongside is several metres below the level of the site. No issues were raised in this respect with the use of the site for storage and distribution. The detailed plans would demonstrate what ﬂood measures would be put in place for the building, should such be required.

Conclusion

5.18 Despite the conﬂict with the development plan we would submit that there are signiﬁcant beneﬁts from the development of this site for industrial use as shown in principle in the accompanying drawings. This would result in a local business having its own permanent and properly designed facilities which will enable it to grow and contribute to the employment opportunities and economy of the Island in accordance with Business Policy 1 and the economic objectives in the Strategic Plan.
5.19 We are of the view that the proposed development could enhance biodiversity and the visual character of the area whilst protecting the potential for the development of the remainder of the land owned for residential purposes. The owner of the site, including the residual residential area, is in support of the application and has no issue with part of the site being developed and used for industry rather than residential as the development plan would suggest is appropriate.
5.20 The area designated for industry in Foxdale is either developed or has permission for development with limited opportunities for additional employment proposals.

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5.21 We would ask that these positive considerations are taken into account and that this application is considered favourably. Any approval would be subject to conditions which ensure that all of the requirements in the Local Plan regarding landscaping, ground stability, pollution, archaeology and drainage are satisﬁed.

Sarah Corlett 16.05.25

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Appendix One - Planning policies

Strategic Plan

Environment Policy 4: Development will not be permitted which would adversely affect:

(a) species and habitats of international importance:

(i) protected species of international importance or their habitats; or
(ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites.

(b) species and habitats of national importance:

(i) protected species of national importance or their habitats; (1) Wildlife Sites are deﬁned in Appendix 1
(ii) proposed or designated National Nature Reserves, or Areas of Special Scientiﬁc Interest; or
(iii) Marine Nature Reserves; or (iv) National Trust Land.

(c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identiﬁed in any Manx Biodiversity Action Plan which do not already beneﬁt from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild ﬂora and fauna by reason of their continuous nature or function as a corridor between habitats.

Some areas to which this policy applies are identiﬁed as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site speciﬁc advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.

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Environment Policy 5: In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to:

(a) minimise disturbance;
(b) conserve and manage its ecological interest as far as possible; and
(c) where damage is unavoidable, provide new or replacement habitats so that the loss to the total ecological resource is mitigated.

Environment Policy 7: Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could 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 10: 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.

Environment Policy 13: Development which would result in an unacceptable risk from ﬂooding, either on or off-site, will not be permitted.

Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms

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of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution.

7.21.1 In addition to the need for protection there is also a need to carry out enhancements to the natural environment if a sustainable vision for the Isle of Man is to be achieved. Opportunities for environmental enhancement, such as tree planting, the removal of eyesores and the management of habitats will need to be identiﬁed in Area Plans with the full involvement and support of local communities. Such opportunities may include former mining areas which have been or are in the process of being reclaimed. Appropriate reclamation should protect or enhance features of industrial or archaeological signiﬁcance.

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.

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 83 (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 viability of the appropriate town centre shopping area.

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Appendix Two

Landscape Character Assessment - Incised Slopes - Foxdale

D11 FOXDALE Key Characteristics

• A rural landscape with a settled farmland character
• Wide wooded river valley with various settlements along the A3 and A24.
• Small-scale rectilinear ﬁelds in valley bottom around settlements becoming larger and fragmented with strong geometric pattern around Mount Pleasant.
• Predominantly slate houses with front walls consisting of slate and white granite tops. • Undulating farmland with large arable and pastoral ﬁelds with intact ﬁeld boundaries.
• Gently rounded hills.
• Large Archallagan coniferous plantation on abrupt edge on rounded hilltop.
• Hill farms surrounded by trees.
• Irregular sized and shaped ﬁelds of rough pasture on increasingly steep slopes that lead up to the Southern Uplands.
• Fields generally enclosed by robust Manx hedgerows, with gorse in upper parts of area and occasional trees in valley bottom.
• Moderate sense of enclosure provided by surrounding slopes.
• Sense of tranquillity reduced in areas close to the busy A3/A24.
• Legacy of abandoned mines and quarries, with spoiled areas and disused buildings.
• An evocative sense of abandoned ﬁelds on upper slopes.
• Kionslieu Reservoir and Eairy Dam waterbodies
• Well vegetated river corridor descending to Greeba Valley and St. John’s.

Overall Character Description The area consists predominantly of settled undulating farmland on gently sloping valley sides and the relatively steep slopes that lead up to the Southern Uplands, from where numerous small tributaries, such as Struan Barrule, drain to ﬁll the Eairy Dam and Kionslieu reservoir that subsequently ﬂow into the valley bottom river.

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The gently rounded hilltop covered by the large Archallagan coniferous plantation with abrupt edges is surrounded by an extensive area of farmland and pasture, divided by strong hedgerows of Manx hedges with gorse that creates a strong geometric ﬁeld pattern. Large rectangular ﬁelds with deciduous trees contained within the ﬁeld boundaries, in addition to the trees that surround the scattered farm houses and out buildings in places, such as Kerrowdhoo Farm, create an enclosed but settled feel. The enclosed character is enhanced by the numerous small lanes with tall grassed Manx hedges that predominantly follow the valley contours. Relatively small rectilinear ﬁelds around settlements. Sense of tranquillity reduced by busy A3/A24 highways.

Fragmented and often dense deciduous woodland occupies the Foxdale valley bottom, along which the A24 and A3 road corridors run. The settlement of Foxdale with its modern extension is located in the valley bottom at the A24/A3 junction. Settlements in the valley generally comprise a mixture of low terraced and detached houses, constructed predominantly of slate. White granite topped front walls of the houses run parallel to the road corridor and river. Around Lower Foxdale, the watercourse is surrounded by lush riparian vegetation and deciduous woodland.

Key Views

• Open views down and across the valley towards St. Johns, the Greeba Valley and beyond to the peaks of the Northern Uplands from areas of higher ground
• Enclosed views up to the surrounding Southern Upland areas and Stoney Mountain Plantation

Historic Features

• Disused mines and quarries and mining features.
• Giant’s grave.
• Keeill. Ecological Features
• Farmland grassland habitats.
• Marginal periphery moorland habitats at edges of coniferous plantations and on upper valley slopes.

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• Mature network of hedgerows containing deciduous trees in ﬁeld boundaries.
• Aquatic and waterside habitats along river’s course and in the reservoirs.
• Dense riparian woodland in valley bottom with deciduous woodland along valley sides. Evaluation of Inherent Landscape Sensitivities
• Valley bottom and riverside woodland.
• Ecological value of the aquatic ecosystem with riparian habitats.
• Strongly geometric pattern of ﬁelds with Manx hedges.
• Numerous small lanes with grassed Manx hedges.
• Sites of archaeological importance.
• Scattered hill farms fringed by trees on upper slopes.

Landscape Strategy The overall strategy should be to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric ﬁeld pattern side lineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities.

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Planning Statement

Source & Provenance