Decision Notice

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 Mr Mike Jackson, Ref 25/90521/A, for the 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 at Land Adjacent To Clock Tower Industrial Estate Foxdale Isle Of Man .

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).

• 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019.

• 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• 3. Approval of the reserved matters of siting, design, external appearance, internal layout, site layout, drainage, means of access and landscaping shall be obtained from the Department in writing before any development is commenced. Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.
• 4. Any future reserved matters application relating to highways and access shall include details of access and egress for large vehicles on the site and at the junction of Mines Road; parking provision to the standards required by the Strategic Plan 2016; non-motorised user 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.

• 5. Any future reserved matters application concerning landscaping and trees shall include a detailed landscape plan showing a minimum of 10% tree canopy cover across the site; substantial planting along the eastern boundary of the site to include tree planting to provide a buffer with the adjacent site for residential development; and a comprehensive drainage plan to deal with all rainfall on site. Reason: In the interests of ecology and the character and appearance of the area.
• 6. In addition to the details required by Conditions 3-5 any future reserved matters applications shall include information and where relevant proposals to demonstrate how the following issues have been considered and addressed:

• o The potential for land/water contamination from historic industrial activity and/or mine working;
• o The avoidance of unacceptable flood risk, including provision of a Flood Risk Assessment;
• o The need to satisfactorily drain the site, having regard to existing drainage agreements as appropriate; and
• o The achievement of no net loss of biodiversity.

Reason: In the interests of public health and safety and biodiversity, and to comply with Strategic Plan policies GP2, EP4, 10, 13 and 27.

This approval relates to the following drawing numbers:

• o Location Plan: C-1072-00 A
• o Site Plan: C-1072-01 B
• o General Arrangement: C-1072-02 A NOTE The applicant should note the following:
• o 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.
• o Connection to the existing surface water drain requires approval from Manx Utilities.
• o The proximity of the watercourse will require consultation with the Flood Risk Management Division.

This decision has been made for the following reasons(s) 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.

Date of Issue: 30th October 2025

A MORGAN Interim 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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/onlineapplications/)

Implementation A determination to grant planning approval does not have effect —

•  if an appeal is submitted until the appeal is determined or withdrawn; or
•  if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

Development must be carried out in accordance with the approved plans and any attached conditions (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 can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal