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Application No.: 25/90521/A Applicant: Mr Mike Jackson Proposal: Approval in Principle (with all matters reserved) for erection of industrial building for purposes of storage and distribution (class 2.4) with associated parking and landscaping Site Address: Land Adjacent To Clock Tower Industrial Estate Foxdale Isle Of Man Senior Planning Officer: Mrs Louise Phillips Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 15.10.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019.
Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.
connections from the site to the surrounding highway network; and transport information based on Manual for Manx Roads V2.0 requirements for development highway assessment.
Reason: In the interests of highway safety.
Reason: In the interests of public health and safety and biodiversity, and to comply with Strategic Plan policies GP2, EP4, 10, 13 and 27.
N 1. The applicant should note the following:
The proposal for a permanent industrial building for storage and distribution use is contrary to the zoning of the land in the Development Plan for predominantly residential purposes. However, the housing potential of the application site itself amounts to only four dwellings and so the loss would be modest. There is an identified need for employment land as well as housing land across the Island and, despite previous grants of planning permission, housing has not come forward on the site over many years. In this context, the economic benefits of the proposed development, in an existing industrial area, outweigh the potential loss of four dwellings.
The application is made in principle only with all matters reserved for determination at a later date. At this stage, it seems likely that the proposed development could be accommodated on the site without detriment to the setting of the nearby Registered Building, the character and appearance of the area, the living conditions of existing or future residential occupiers or highway safety. There is also a reasonable prospect that issues of contamination and drainage, flood risk and ecology could be addressed if regard is had to the policies of the Development Plan.
Plans/Drawings/Information; This approval relates to the following drawing numbers:
It is recommended that the following organisations should NOT be given the Right to Appeal:
It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal:
_________________________________________________________________ Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE BECAUSE THE PROPOSAL IS CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.
1.0 THE SITE - 1.1 The site lies to the south of the A24 Mines Road and immediately to the east of the access road into the Clock Tower Industrial Estate. It is a flat piece of land laid to gravel and hardstanding with a wide frontage onto the access road. Part of the site presently has planning permission for parking and storage use for a tractor unit; a 7.5 tonne truck; a 9m trailer; and a pallet truck. There is a strip of unmanaged land between the site and Mines Road, in separate ownership, which is grassed over with a few small trees. The land to the immediate east of the site, presently in the same ownership, is undeveloped and covered in rough grass. It slopes upwards from the site towards the "Kiondhooag" access lane. - 1.2 Bettridges Motors lies opposite the site to the west of the estate access road; and Magic Carpets and some other industrial units lie to the south west. There is a watercourse and a band of mature trees to the immediate south of the site, and the land beyond these has planning permission for 20 light industrial units. - 1.3 The area to the north of the A24 is predominantly residential in character and there are several detached houses around a small cul-de-sac which overlook the industrial estate. These are at a higher level at the top of a grassed bank.
1.4 More generally, the area in the vicinity of the application site was a former mining area.
2.0 THE PROPOSAL - 2.1 Permission is sought in principle for the erection of an industrial building for storage and distribution use (Class 2.4) and the surfacing of part of the site to provide parking and manoeuvring space. In light of the land use designations which apply to the area, all matters are reserved for future determination. The applicant acknowledges that detailed information relating to potential land contamination, ecology, drainage, landscaping, visibility and highway safety would need to be submitted to support a full application. - 2.2 The indicative drawings show a part rendered, part metal clad building with a pitched roof positioned on the eastern part of the site away from the access road. It would measure 20m x 35m x 6m to the eaves, to allow three HGVs to park inside for loading/unloading. A small office/reception area would also be provided. Outside, the site is proposed to be surfaced in a permeable material to provide parking and turning space for the HGVs and staff cars. 10 parking spaces are said to be provided, but only 4 are shown on the plans. A landscaped buffer is shown around the building with new trees on the eastern boundary of the site. - 2.3 The Planning Statement explains that the operation currently employs two people, a driver and an office worker. With the permanent facilities proposed, the business hopes to expand to employ three drivers and two office workers. The business mainly delivers goods across the island from the depot, and customers would only rarely call to collect items from the site.
3.0 PLANNING POLICY Site Specific - 3.1 The site is to the south-east of the Victoria Clock Tower, Registered Building No. 286. It is not within a Conservation Area and there are no Registered Trees or Registered Tree Areas in the vicinity. The site is within 9m of a watercourse and is at high risk of surface water flooding.
Area Plan for the North & West (adopted by the Cabinet Office on 12 September 25 and due to come into force on 1 December 25 if approved by Tynwald)
3.2 The site is the western part of site PTR004(b), allocated for Predominantly Residential Use. The Plan anticipates 4 dwellings being delivered in the Plan period, and a total of 10 dwellings if the site is built out in full. The Development Brief for the site requires an ecological appraisal; mitigation for mine workings; and no net loss of biodiversity. Foxdale Local Plan 1999 - 3.3 The westernmost part of the site adjacent to the access for the Industrial Estate is zoned for Light Industrial Use, while the majority of the site is zoned for Predominantly Residential Use along with more land to the east. - 3.4 The Plan identifies the Clock Tower Industrial Estate as a heavily contaminated area, directly related to the physical presence of mine workings. Policies F/PR/E/1; F/P/E/1; and F/P/E/2 are relevant and identify drainage as a particular consideration for development. Isle of Man Strategic Plan 2016 - 3.5 Strategic Policy 4 requires development to protect or enhance the fabric and setting of Registered Buildings. - 3.6 Strategic Policy 11 and Housing Policies 1-3 require the provision of sufficient development opportunities to deliver 5,100 additional dwellings from 2011-2026.
3.7 General Policy 2 provides that development in accordance with land use zoning and other relevant proposals and policies of the Development Plan will normally be permitted subject to certain criteria, including those below which are relevant to this proposal. The development should:
3.8 Environment Policy 7 concerns the protection of watercourses. - 3.9 Environment Policies 10 and 13 relate to development on sites at risk of flooding. - 3.10 Environment Policy 27 concerns development on or close to contaminated land, and Environment Policy 27 relates to the enhancement of the natural environment, including in former mine working areas. - 3.11 Business Policy 1 supports business growth in accordance with the Plan, throughout the island. - 3.12 Business Policy 2 requires land for industrial development to be designated in all parts of the island. - 3.13 Paragraph 9.2.7 states that 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. - 3.14 Transport Policy 7 requires parking provision to accord with current standards.
4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 The Town and Country Planning (Use Classes) Order 2019: Part 2, Paragraph 8 puts Storage and Distribution Uses into Class 2.4. - 4.2 Isle of Man Economic Strategy, November 2022. - 4.3 Isle of Man Employment Land Review 2025. - 4.4 Section 16, Paragraph (3)(a) of the Town and Country Planning Act 1999 requires the Department to have special regard to the desirability of preserving a Registered Building or its setting or any features of special architectural or historic interest which it possesses, when
considering whether to grant planning approval for development which affects a registered building or its setting.
5.0 PLANNING HISTORY - 5.1 There is a lot of planning history for this site and the surrounding area. The following recent history is most relevant to the present proposal:
6.0 REPRESENTATIONS Organisations - 6.1 Planning Policy, Cabinet Office (10/9/25): Following a request by the Case Officer for planning policy advice in relation to the zoning of the site in the adopted and emerging Development Plan, the Planning Policy Team confirmed the following:
6.2 Business Agency, Department for Enterprise - main points of Officer level response, made in light of Economic Strategy, 2022 (23/7/25):
6.3 Highways Services, DoI (30/7/25): "…no significant negative impact upon highway safety, network functionality and/or parking as a storage and distribution proposal on the site would be acceptable in this industrial/commercial area. Reserved Matters should include Layout and Access, Parking providing to Strategic Plan 2016 recommended amounts, Non-Motorised User connections from the site to the surrounding highway network, and Transport Information submitted based on Manual for Manx Roads V2.0 requirements for development highway assessment". - 6.4 Highways Drainage, DoI (24/7/25): "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: There are no details of the site SW drainage. Connection to the Existing SW drain requires approval from Manx Utilities. The proximity of the watercourse will require consultation with the FRM team. The applicant should be aware of and comply with the clause above". - 6.5 Forestry, Amenity & Lands, DEFA (24/6/25): "There are no registered trees impacted and indeed very little impact on any trees of note. As such we have no objection at this juncture to this in principle proposal. If you were minded to approve this application, we would counsel that any development on this site would require from us a detailed landscape plan that showed a minimum of 10% tree canopy cover across the site (standard for industrial zoning) and a comprehensive drainage plan to deal with all rainfall on site, as currently the site is almost 100% permeable". - 6.6 The following organisations were consulted on 23 June 2025 but, at the time this report was drafted, no comments had been received:
Public/Neighbours
6.7 Magic Carpets, 79 Parliament Street Ramsey (but have a unit on the Indiustrial Estate) (10/7/25): "…Magic Carpets who have no objection to the principle of the development…
Having witnessed maneuverability of articulated lorries into the existing freight hub we cannot see how access as proposed on the private road can be achieved without amendment to the junction with the highway and amendment to the layout proposed creating a set back. There does not appear to be any vehicle tracking shown to demonstrate that access is suitable. Whilst it is acknowledged that the owner of the land also owns the access road across which rights of way are granted we are concerned that the maintenance of the access road will become a serious issue and request that a full traffic statement is provided assessing all matters relating to the highway and access into, egress from the site.
We are also concerned that the development as shown does not respect a drainage agreement relating to other sites to the East of the proposal. It is also important to note that there are no details of the relative levels to allow assessment of the impact of the building in the context of the surrounding properties and the general topography.
My client wishes it to be known that he has no objection to the principle of the development".
6.8 The occupiers of "Clagh Mooar", East Foxdale Road, IM4 3HQ, object as follows (16/7/25): "Due to the close proximity of the proposed industrial unit to my house I object to its construction. My concerns are increased traffic and noise pollution in a residential area".
7.1 Having regard to the matters above, the main issues are:
Setting of the Registered Building
7.2 The submitted plans are indicative only and so it is neither possible nor appropriate to assess the impact of the proposed building in detail. However, the Victoria Clock Tower is on the north side of Mines Road opposite the entrance to the Industrial Estate, meaning that the existing buildings on the estate are already part of its setting. In this context, an additional industrial building of the type proposed on the application site would cause no harm. Consequently, it presently appears that the proposal would preserve the setting of the Registered Building as required by Section 16, Paragraph (3)(a) of the Town and Country Planning Act 1999, and Strategic Policy 4 of the Strategic Plan. Principle of Industrial Development - 7.3 The majority of the site is zoned for residential use in both the adopted Foxdale Local Plan and the adopted (but not yet operational) Area Plan for the North & West. Indeed the site was included as a residential allocation, PTR004b, in the Area Plan at the request of the landowner. The current proposal for industrial development is therefore contrary to the Development Plan. - 7.4 However, the site is presently in use for storage and distribution, albeit from moveable structures, and it is at the entrance to an existing industrial area. The Area Plan zones less land for residential purposes in this area than does the earlier Foxdale Local Plan, and the Inspector's Report on the former suggests that PTR004b has been included due to the history of planning permissions. In this respect, the residential permission 15/00978/B has not come forward and the Planning Policy Team recognises that the physical constraints upon the site might hinder development in the short term. - 7.5 The Policy Team further advises that there is a need for both residential and employment land across the Island, and that the Area Plan proposes proportionately more housing land than employment land. The Employment Land Review 2025 finds a need for 44.18Ha of land for industrial type uses to 2041. In this context, it should be noted that only four of the 24 dwellings permitted under 15/00978/B were expected to be provided upon the application site itself; and only four out of a now smaller total of ten dwellings allocated on site PTR004b are now expected to come forward during the Area Plan period. If a tree belt were planted to the east of the proposed industrial building as shown on the indicative plans, it
7.13 Consequently, in compliance with General Policy 2(g) of the Strategic Plan, the proposed development is unlikely to harm the living conditions of nearby residential occupiers. Highway Safety - 7.14 Whilst the company has no objection to the principle of the proposal, Magic Carpets, which has a unit further along the estate road, has raised concerns about whether HGVs could manoeuvre safely without amendments to the site layout and to the junction with Mines Road. Matters of siting, layout and means of access are reserved for determination later and so it is not possible to make any detailed assessment at this stage. - 7.15 However, Highways Services has raised no objections and has instead requested that various details are provided at the reserved matters stage. Given that the Mines Road junction already provides access for large vehicles and that the site has a long and deep frontage, it seems likely that safe access could be achieved. It will be for the applicant to demonstrate this with suitable evidence and amendments to the indicative site layout if necessary. - 7.16 Similarly, the applicant will need to demonstrate that parking space can be provided in accordance with the standards set out in Appendix 7 of the Strategic Plan. For storage and distribution uses, these require one space per 100sqm net of floorspace. Therefore, if 10 spaces were to be provided as stated on the application form, parking would be sufficient. - 7.17 On balance, there is a reasonable prospect of the proposal satisfying paragraph 9.2.7, General Policy 2 (h) & (i) and Transport Policy 7 of the Strategic Plan concerning highway safety and parking provision. Other Issues - 7.18 Taking account of the information submitted by the applicant and representors, the planning history of the site and the policies which apply to it, any future reserved matters application would need to include detailed information in relation to the following:
7.19 At present there is nothing specific to suggest that satisfactory arrangements could not be made.
8.1 The proposal for a permanent industrial building for storage and distribution use is contrary to the zoning of the land in the Development Plan for predominantly residential purposes. However, the housing potential of the application site itself amounts to only four dwellings and so the loss would be modest. There is an identified need for employment land as well as housing land across the Island and, despite previous grants of planning permission, housing has not come forward on the site over many years. In this context, the economic benefits of the proposed development, in an existing industrial area, outweigh the potential loss of four dwellings. - 8.2 The application is made in principle only with all matters reserved for determination at a later date. At this stage, with the conditions set out above, it seems likely that the proposed development could be accommodated on the site without detriment to the setting of the nearby Registered Building, the character and appearance of the area, the living conditions of existing or future residential occupiers or highway safety. There is also a reasonable prospect
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
Decision Made: Permitted Date: 27.10.2025 Signed : Mrs Louise Philips Presenting Officer
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