Officer Report

Applicant: Mannin Retail Ltd Proposal Redevelopment of the site to create 2 retail units and 2 light industrial units, including relocation of the existing forecourt canopy and pumps. Site Address Ballasalla Airport Garage Douglas Road Ballasalla Isle Of Man IM9 2AN Case Officer : Paul Visigah Photo Taken: 15.01.2025 Site Visit: 15.01.2025 Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 10.03.2025

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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.

• C 2. The access arrangements, including visibility splays, vehicular and pedestrian access, and the one-way entrance and exit points from Douglas Road, shall be provided in accordance with Drawing No. 23003 05 Rev A prior to the first use of the development. These arrangements shall be retained thereafter.

Reason: In the interests of highway safety and to ensure safe access to and from the site, in accordance with Transport Policies 4, 6, and 7, and General Policy 2.

• C 3. The car parking spaces, including mobility impaired spaces and EV charging spaces, shall be provided in accordance with the approved plans prior to the first use of the development and shall be retained for parking purposes thereafter.

Reason: To ensure adequate parking provision for the development, in accordance with Transport Policy 7 and General Policy 2.

• C 4. The development shall be carried out in accordance with the approved flood risk statement and drainage strategy. The surface water drainage system shall be implemented prior to the first use of the development and shall be maintained thereafter.

• Reason: To ensure the site is adequately drained and to prevent flooding, in accordance with Environment Policies 10 and 13.
• C 5. Prior to the installation of any solar panels, a glint and glare assessment shall be submitted to and approved in writing by the Department. The development shall be carried out in accordance with the approved assessment and retained as such thereafter.

Reason: To ensure that the solar installation does not adversely affect aviation safety, in accordance with Environment Policy 22.

• C 6. The retail floor space for the Spar food store shall be limited to 485sqm GFA (internal), and the second retail unit shall be limited to 89sqm GFA. Any future expansions beyond these specified limits shall be subject to further planning approval. There shall be no installation of mezzanine floors.

Reason: To prevent overconcentration of retail facilities in the area and support the vitality and viability of nearby town centres and local village retail floorspace.

• C 7. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the Units shall not be used other than as stated below:

• o Spar Shop - Class 1.1, 1.2, and 1.3
• o Unit 2 - Class 1.1
• o Light Industrial Units - Class 2.1

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.

• C 8. The operational hours for the retail units and light industry facilities shall be restricted to between 08:00 and 21:00 from Monday to Saturday, and between 09:00 and 18:00 on Sundays and public holidays.

Reason: To minimize potential disturbances to the local community and promote a high quality of life for residents.

• C 9. Prior to the commencement of development, a Maintenance Plan for the proposed attenuation tank, adhering to the principles outlined in CIRIA C753 'The SUDS Manual,' shall be submitted to and approved in writing by the Department. The Maintenance Plan shall include, at a minimum:

• 1. A schedule for regular inspections and sediment removal, specifying the frequency.
• 2. Details of access arrangements for maintenance vehicles and personnel.

The approved Maintenance Plan shall be implemented in full. A record of sediment removal shall be retained and made available to the Department upon request.

Reason: To ensure the effective operation of the attenuation tank and mitigate flood risk. This application has been recommended for approval for the following reason. While the proposed increase in retail floor area conflicts with the site's industrial zoning, the site has an extant use for retail purposes. The proposal also enhances the site's character and appearance, provides sufficient parking, improves access, and incorporates effective drainage and flood risk management measures. The development aligns with General Policy 2; Strategic Policies 1, 2, 5, and 10; Environment Policies 4 and 5; and Transport Policies 1, 4, 6, and 7. Additionally, it supports economic growth by generating 33 additional full-time jobs, aligning with the Isle of Man Strategic Plan, the Economic Strategy, and the "Our Island Plan." Given

these considerations, the development is recommended for approval as it would not have significant adverse impacts on public or private amenities, or highway safety.

Plans/Drawings/Information; This approval relates to the following documents and plans: REPORTS AND CORRESPONDENCE

• 1. Correspondence Between Agent and Airport Authority - 13 Feb 2025
• 2. Road Safety Audit
• 3. Flood Risk Statement
• 4. Bywater Sump Information
• 5. Design Report
• 6. Energy Cost Report
• 7. Drainage Statement
• 8. Road Safety Audit Designers' Response
• 9. Planning And Retail Statement DRAWINGS (Drg.)

• 1. Drg. 01: Location Plan
• 2. Drg. 02: Existing Site Plan
• 3. Drg. 03: Existing Elevations
• 4. Drg. 04: Street Elevation
• 5. Drg. 05 Rev A: Proposed Site Plan
• 6. Drg. 06: Proposed Plan
• 7. Drg. 07: Proposed Elevations
• 8. Drg. 08: Proposed Visibility Splay
• 9. Drg. 24-015-01A: Drainage Plan
• 10. Drg. 24-015-02: Surface Water Plan
• 11. Drg. IST23026: Jet Wash Plans and Elevations ADDITIONAL INFORMATION

• 1. 3D Image 2
• 2. 3D Image
• 3. Car Wash
• 4. K2 Systems Solar Information
• 5. Cover Letter - 13 Aug 2024
• 6. Istobal Water Treatment Information _______________________________________________________________

Right to Appeal

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

• o CABO Planning Policy
• o Airport Operations ________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT PROPOSES PARTLY RETAIL DEVELOPMENT ON LAND DESIGNATED FOR INDUSTRIAL DEVELOPMENT, WHICH

COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN, BUT IS RECOMMENDED FOR APPROVAL.

1.0 THE SITE - 1.1 The Airport Garage is located on the east side of A5 Douglas Road, between the Balthane Industrial site roundabout where the new bypass link is soon to be formed, and the airport roundabout. The site comprises a Petrol Filling Station that occupies the front part of the 5180m2 site together with convenience shop, plus offices and workshop that was once home to a local coach company. - 1.2 The southwest and southeast boundaries of the site comprise mature landscaping and trees, while the new industrial units within Site 4 designated on Map 4 Ballasalla, which is situated east of Freeport, Malew, proposed for Office/industrial use sits directly northeast of the site. A low boundary wall, about 1.4m tall defines this boundary with Site 4, which is now developed. - 1.3 The overall footprint of the existing garage building on site is circa 1010sqm with current accommodation made up of the following uses:

• a. Spar Shop 104m2nett with 46m2 nett Back of House accommodation.
• b. Office accommodation 197m2 nett
• c. Workshop 493m2 nett
• d. Forecourt services 768m2

• 1.3.1 The remaining area of the site comprises various forms of hardstanding.
• 2.0 THE PROPOSALS

2.1 Planning permission is sought for Redevelopment of the site to create 2 retail units and 2 light industrial units, including relocation of the existing forecourt canopy and pumps. - 2.2 The proposed scheme seeks to demolish the existing building on the site and construct a new building to the southeast of the site which would accommodate the proposed uses. The positioning of the new building frees up space for valeting, car wash and jet wash facilities along the Northwest boundary of the site. - 2.3 The proposed new building would have a floor area measuring 1085 sqm, which would be a 75sqm increase over the existing 1010 Sqm building to be demolished. The uses within the building would however differ and are proposed as follows:

• a. A new Spar food store of 613 sqm GFA (internal) and net sales area of 485 sqm NFA.
• b. A second small retail unit of 89 sqm (GFA).
• c. Light Industrial 2 x 139m2 nett

2.3.1 The External Forecourt services including car/jet wash facilities etc. would measure 1222m2.

2.4 The proposals would as such result in a net increase of retail use with back of house services from 150 sq. metres to 695 sq. metres. The 493 sq. metres of workshop and 197 sq. metres of office space would be lost with 378 sq. metres of light industrial space across 2 new units. - 2.5 The applicant has stated the following in terms of their justification for the proposals, "Due to its proximity to the vast Balthane Industrial Estate, the Freeport and the extensive construction works taking place in the area, the shop does well from passing trade and indeed for its size is one of the busiest Spar shops on the island. Trade is expected to rise considerably as the new build housing and additional industrial units become occupied. At the moment vehicle movement is an issue as the forecourt has no defined entry and exit points and there are no defined parking spaces. Mixed use of the building fronting the forecourt contributes to this problem.

Given the increase in demand that is already under way, Mannin Retail are looking to expand their convenience food offering together with incorporating other facilities such as a deli with small sit in area, a local butchers and post office collection point".

2.6 The following measures are incorporated to improve access and pedestrian safety:

• i. Pedestrian movement along the highway has been improved through the formation of properly defined entrance and exit points.
• ii. Clearly defined pedestrian and vehicular routes within the site with defined pedestrian crossing points ensures movement within the site is the safest it can be.
• iii. Car parking provision away from the petrol pumps that are to become card operated pay at pump fuelling stations will vastly improve site safety and minimise queuing times at the pumps.

2.7 The proposed new store would provide employment for approximately 18 staff additional to existing employees, roughly two thirds of whom would be full time and the remainder part time plus employment in the additional units proposed in the development. - 2.8 The application is supported by the following documents:

• a. Flood Risk Statement prepared by BB Consulting, and dated July 2024
• b. Planning and Retail Statement prepared by Gravis Planning and dated July 2024.
• c. Design Report prepared by Architecture in Mann and dated June 2024
• d. Road Safety Audit Report (Stage 1) prepared by HMTC transport Consultants and dated March 2024
• e. Road Safety Audit Designers Response
• f. Drainage Statement prepared by BB Consulting, and dated July 2024

- 3.0 PLANNING POLICY

3.1 Site Specific:

• 3.1.1 The site lies within an area of Industrial Use on the Area Plan for the South. The site is not within a flood risk area as indicated on the Isle of Man Indicative Flood Risk Maps. Areas to the rear of the site of the development are outlined as having a 'high likelihood' for surface water flooding. The site lies to the south of Site 4 in the Area plan for the South which is subject to Development Brief 4. There are no registered trees on site, and the site is not within a registered tree area. The site sits just south (on the edge) of the Ballasalla settlement boundary.

3.2 Area: Area Plan for the South

• 3.2.1 The following parts of the Area Plan for the South are of material relevance to the proposed development:

• 1. Paragraph 6.1.1: Whilst Douglas is the primary employment location for many southern residents, there are also a number of significant local employers in the South. These include the Airport and associated businesses as well as an array of other public sector employers. There are also a number of private firms and businesses focused mainly around Castletown and the industrial estates towards Ballasalla.
• 2. Paragraph 6.3.1: The Isle of Man Strategic Plan recognises the important role that Douglas plays in relation to employment and business. It also seeks to encourage employment opportunities throughout the Island. These must however: be at a scale which is appropriate to the area; have available public transport links; be close to sources of labour; and be serviceable. The role of the Airport, both as a gateway to the Island, and as a major employer, is highlighted in the Isle of Man Strategic Plan.
• 3. Section 6.23: Retail Development outside Existing Centres

• 6.23.1 "All of the centres within the South provide an important service to local residents and their on-going vitality and viability needs to be ensured. To this end there will be a presumption

against new retail development outside the designated 'Mixed Use' areas other than the provision of neighbourhood shops such as those at Ballabeg, Colby and Clagh Vane."

3.2 National: STRATEGIC PLAN (2016)

• 1. General Policy 2 - General Development Considerations
• 2. Strategic Policy 1 - Efficient use of land and resources
• 3. Strategic Policy 2 - Development focussed in existing towns and villages, or sustainable locations.
• 4. Strategic Policy 5 - Design and visual impact
• 5. Strategic Policy 6 - Major employment generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans.
• 6. 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.
• 7. Strategic Policy10 - Sustainable transport
• 8. 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. Business Policy 2 Land for industrial development should be designated in all parts of the Island, having regard to:

• (a) scale, which should be appropriate to the area;
• (b) the availability of public transport links;
• (c) the proximity of labour; and
• (d) the availability of water, sewerage and other utilities

• 10. 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 viability of the appropriate town centre shopping area.

• 11. Business Policies 7 & 8 - they address the location of new office space and provide guidance on the design of new office space. The current proposal does not include the provision of new office space, as such these policies are not relevant.
• 12. Transport Policy 1 - Proximity to existing public transportation services.
• 13. Transport Policy 2 - Layouts to link to existing systems.
• 14. Transport Policy 4 - Highway Safety
• 15. Transport Policy 6 - 6 - Equal weight for vehicles and pedestrians
• 16. Transport Policy 7 - Parking Provisions

• o General industrial - 1 space per 50 square metres gross floor space.
• o Storage and distribution - 1 space per 100 square metres gross floor space.

• 17. Infrastructure Policy 5 - Water conservation and management
• 18. Energy Policy 5 - Requirement for Energy Impact Assessment
• 19. Environment Policy 4 - Protection of species and habitats
• 20. Environment Policy 5 - Mitigation against damage to or loss of habitats
• 21. Environment Policy 22 - Protection of environment and/or residential amenity from pollution.
• 22. Spatial Policy 3 - identifies service villages and stipulates that the Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities.
• 23. Energy Policy 4 - provides guidance for development involving alternative sources of energy supply.
• 24. Paragraph 12.2.8 - outlines the Department's support of the need to secure greater energy efficiency in new and existing development.

- 4.0 OTHER MATTERIAL CONSIDERATIONS

4.1 IOM Biodiversity Strategy 2015 to 2025 seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary. Section 21 deals with Habitat loss actions through promoting a policy of 'no net loss' for semi-natural Manx habitats and species and to ensure that unavoidable loss is replaced or effectively compensated for.

4.2 Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations.

4.3 Section 143 of the Equality Act (2017) places a duty on public bodies to promote equality, eliminate discrimination, advance equality of opportunity and foster good relations. - 4.4 A Guide for Applicants: Supplementary Guidance on Economic Issues, December 2022 (DEFA)

• 4.4.1 This guide is designed to assist applicants in identifying the economic issues that are likely to be relevant during the planning process. It provides guidance on the type of information that can be submitted to support a planning application, ensuring that applicants are well-prepared to address these material considerations effectively.
• 5.0 PLANNING HISTORY

5.1 The site has been the subject of 13 previous planning applications 4 of which are considered relevant to the current application:

• 1. PA 00/00706/C for Change of use of garage to create warehouse, retail and associated offices - PERMITTED by the Planning Committee on 25.08.2000.
• 2. PA 01/00470/B for Additional use for retail unit to sell hot and heated food - PERMITTED by the Planning Committee on 02.08.2001.
• 3. PA 19/00815/B for Installation of cladding to entrance facade, removal of a side single garage to improve vehicular access to rear and provide additional parking and installation of industrial equipment to rear elevation - PERMITTED.
• 4. PA 19/00062/B for Conversion of building from a coach depot to create three industrial units and erection of security fencing" under application reference - PERMITTED.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 Statutory Consultations

• 6.1.1 Malew Commissioners (04.09.2023) - No objections
• 6.1.2 DOI Highway Services (06.09.2024) - Request Further Information - the applicant should submit the Designers response document. In addition, Highways DC request increased provision of cycle storage to accommodate the light industrial sections of the proposal, and a reduction in height of the boundary wall to the highway to 600mm.

• 6.1.2.1 DOI Highways Services (02.12.24) - They acknowledge the revised plans and additional detail provided for the application, and note that the submitted information addresses all concerns raised by Highways, as such, Highways Development Control raise no objection to the proposal subject to all access arrangements and visibility splays to be provided in accordance with Drawing No. 23003 05 Rev A.

• 6.1.3 DEFA Ecosystem Team (03.09.2024) - No objections - They request that a condition is secured for the soft landscaping, bird boxes and hedge protection as shown in the Proposed Site Plan, should approval be granted for the scheme.

• 6.1.4 CABO Planning Policy (22.08.2024):

• o They note that the relevant statutory development plan is the Area Plan for the South

(2013) and the Strategic Plan (2016). The site is shown on Area Plan for the South map 4 Ballasalla as being allocated for 'Industrial' being part of the wider Balthane Industrial Estate.

• o Cabinet Office notes the petrol garage and shop on the site currently which is in active use.
• o They raise no objection and reiterate planning policies to be considered.
• o They advise that as part of DEFA's deliberations, regard could also be had to Chapter 6, Paragraph 6.23.1 (Retail Development outside Existing Centres) of the Area Plan for the South Written Statement (2013).

• 6.1.5 Airport Operations (09.10.24) o The airport has conducted a preliminary assessment of the draft proposals submitted. The assessment indicates that there are no physical safeguarding issues concerning the proposed building. However, due to the potential scale of the solar installation, it is almost certain that a glint and glare assessment will be required as part of the application.
• 6.1.6 Department for Enterprise Business Support have not made any comments at the time of drafting this report although they were consulted on 02.12.2024.
• 6.1.7 Manx Utilities Electricity have not made any comments at the time of drafting this report although they were consulted on 14.08.2024.
• 6.1.8 DEFA EPU Waste Management have not made any comments at the time of drafting this report although they were consulted on 14.08.2024.

6.2 No Public Representations received. - 7.0 ASSESSMENT

7.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application:

• 1. Principle of development;
• 2. The potential impact upon the visual amenities of the area;
• 3. Potential impacts upon ecology/tree loss;
• 4. Potential impact upon highway safety / parking provision / travel options;
• 5. Potential drainage/flooding issues;
• 6. Utilities
• 7. Pollution
• 8. Archaeology
• 9. Climate Change
• 10. Potential impact upon neighbouring amenities/ land users; and
• 11. Economic benefits

7.2 PRINCIPLE OF DEVELOPMENT (Strategic Policy 1, 2, 6 & 7 - Spatial Policy 3, General Policy 2, Business Policy 1 & 5, and Area Plan for the South 2013).

• 7.2.1 The proposals aim to reconfigure the site to create an expanded retail offering, including a larger store to meet increasing demand from the location, which lies on the main route to the airport, and aligns with the expansion of settlements in the area. Additionally, the proposals include a second smaller retail store, two industrial units, and a reconfigured courtyard to facilitate better access and jet wash facilities. This comprehensive development plan addresses the growing needs of the community and supports local economic growth.

• 7.2.2 It is important to note that the applicant has conducted a retail impact assessment in accordance with Business Policy 5, which requires that retailing only be permitted if it does not

detract from the vitality and viability of town centre shopping areas. The assessment concludes that the proposed development will not significantly affect the vitality or viability of local village retail floorspace in Ballasalla, or the town centres of Castletown, Port Erin, Port St Mary, and Douglas, on the following basis: Firstly, the mixed-use area along Main Road in Ballasalla lacks suitable locations for significant new retail proposals. Secondly, the proposed site is easily accessible to the village and surrounding areas, reducing expenditure leakage to Douglas and Port Erin, thus supporting the local economy. Furthermore, by promoting sustainable practices through reduced travel needs and lower carbon emissions, the development aligns with the principles of sustainable development goals. Moreover, utilizing a long-established retail site minimizes environmental impact and enhances competition and choice for local residents, aligning with the IOM Retail Sector Strategy. This assessment concludes that these factors warrant an exception to Business Policy 10, allowing the development to proceed for the betterment of the community.

• 7.2.3 Further to the above, it is judged that although the land is zoned as "industrial," which could be seen as contrary to Business Policy 5 regarding the retail offering, the site has historically offered retail use on a smaller scale, which has proven successful and popular. Additionally, the site's location on the edge of the settlement boundary of Ballasalla makes it difficult to detach it from the settlement seeing it exists almost as an integral part of the settlement and give the current growth trends of Ballasalla. Moreover, the proposal would broadly align with Spatial Policy 3 by increasing employment generation for the settlement. Given the roadside frontage, existing use, and village expansion, there is growing demand for the facility. Therefore, despite the increased retail element, the proposals merit an exception, reinforcing the established use of the site without altering its character considerably.

• 7.2.4 The continuous use of the site for the proposed uses also aligns with Business Policy 1, which encourages the growth of employment-generating opportunities throughout the island. Although the site is not zoned for retail, its location within a major employment area with easy access to labour and an integrated transport network supports the acceptability of the proposed uses. Besides, the scheme optimizes a previously developed land that is currently operating below its potential, aligning with Strategic Policy 1. Despite the factors weighing against the principle of the proposed increase in retail offerings, the property has been in place for a considerable time. It is further noted that planning permission has previously been granted for the retail use of the site, which has been in operation up until now, even though this conflicts with the site's zoning within the Area Plan.
• 7.2.5 The proximity of the site within the airport zone, a significant employer, provides further justifiable flexibility for the proposed development. Unlike other locations outside town centres, this development's situation within the airport zone is advantageous as it can offer essential services to the Airport, further solidifying its relevance and viability. The Isle of Man Strategic Plan highlights Douglas's crucial role in employment and business. It also promotes employment opportunities throughout the Island, with specific criteria that developments must meet, specifying that they should be appropriately scaled to the area, have accessible public transport links, be close to sources of labour, and be serviceable. The Airport's dual role as the Island's gateway and a major employer underscores the strategic importance of the development within its vicinity.
• 7.2.6 The proposed industrial uses for the site align with the zoning of the site, and their scale is also considered to align with recent approvals for the area. As such, no further assessment is required in this case.

- 7.3 VISUAL IMPACT/IMPACT ON THE WIDER ENVIRONMENT (GP2 & STP 5)

• 7.3.1 In terms of visual impacts on the site and surrounding area, the proposed development features a modern building primarily designed for service station and retail use, with two units for general industrial/storage and distribution use. The building's functional appearance reflects the character of Balthane Industrial Estate. The scale of the development is proportionate to

• the site in terms of size, height, and appearance. The building is sited to the southeast of the site, allowing for a larger, more open forecourt area for valeting, car, and jet wash facilities along the northwest boundary, with ample car parking in between. This positioning means the narrower side of the building fronts the main road, making the building less visible from the main road compared to the current wider building. The design of the building is high quality and functional and would fit with the context of the site and immediate vicinity without appearing as an incongruous feature.
• 7.3.2 The positioning of the industrial block and the layout of the site are considered enhancements to the character and appearance of the site, compared to the current less functional layout and dated building design. Whilst the layout of the scheme is predominantly hardstanding and lacks significant vegetation, the proposals present no additional detriment in this regard as it is a reflection of the current layout of the site. In fact, the new layout will tidy the appearance of the site, with the openness serving to amplify the new design which is a significant improvement over the existing.
• 7.3.3 The applicant has highlighted that the proposals will not affect the sod banking to the southern boundary, such that the green backdrop along the southeastern and southwestern boundaries would be retained, and these elements of the proposal are also considered to be acceptable.
• 7.3.4 Based on the foregoing, the scheme is considered to be an acceptable form of development in light of General Policy 2 (b & c), and as the works would improve the site's appearance and ensure it is in keeping with the broader area.

7.4 IMPACT ON ADJACENT PROPERTIES (GP2g and k, and EP 22)

• 7.4.1 With regard to impact on nearby properties, it is considered that the nearest sensitive properties affected would be the residential dwellings to the opposite side of the main road. The road itself is over 10 metres in width and the properties have frontages of an additional 10 metres meaning the nearest property is approximately 20 metres from the boundary of the site. However, from the perspective of the proposals the building will not be located any closer to the highway and given its flat roof design is of lesser height than the existing. In addition, the siting of the building presents a lesser frontage to the main highway. The existing petrol pump canopy is to be relocated and as such is not of increased size and also remains a similar distance back of the highway for functionality. As such whilst the proposals present change the impacts would not be of any significant nature to harm residential amenity.
• 7.4.2 Based on the foregoing, it is considered that the separating distances between the proposal and the neighbouring properties, design of the units, scale and massing of the building would be compliant with General Policy 2(g).

- 7.5 HIGHWAYS AND ACCESS MATTERS (GP2, TP 1, 4, 6, & 7, STP 10)

• 7.5.1 In terms of highway impacts, a key concern relates to the provision of appropriate parking to meet the Strategic Plan parking standards. From reviewing the application details, it is considered that the proposed parking provisions would be sufficient for the number of units and uses proposed for the site. The proposals provide a total of 41 car parking spaces. The 2 industrial units have a floor area of 139m² each, which equates to 5 spaces per unit for light industrial/4 spaces for middle ground. This leaves a balance of 31-33 spaces for the retail unit and Spar shop, 3 of which are mobility impaired spaces and 4 are EV charging spaces. This meets the 10% criteria recommended. As such, it is considered that the available parking provided would be more than sufficient for the proposed development, ensuring that the development complies with Transport Policy 7 and General Policy 2 (h).
• 7.5.2 The proposals make functional highway and layout improvements, including enhancements to pedestrian movement along the highway through the formation of properly defined entrance and exit points, aligning with Transport Policy 6. Additionally, the site features clearly defined pedestrian and vehicular routes with designated pedestrian crossing points,

• ensuring the safest possible movement within the site, in accordance with General Policy 2. Furthermore, car parking provision away from the petrol pumps, which are to become cardoperated pay-at-pump fuelling stations, will significantly improve site safety and minimize queuing times at the pumps, also aligning with Transport Policy 4.
• 7.5.3 Further to the above, the comments from Highways Services are crucial in evaluating the proposed development. The parking provision, pedestrian, and vehicle access arrangements have been deemed acceptable from a Highways perspective. This acceptance is contingent upon the imposition of conditions to ensure that the development is implemented according to the submitted plans. Given these conditions, it is considered that there would be no detrimental impacts on highway safety. This compliance underscores the development's alignment with established transport and planning policies, ensuring that it contributes positively to the overall safety and functionality of the transportation network.

- 7.6 DRAINAGE/FLOODING ISSUES (GP2, EP 10 & 13)

• 7.6.1 Dealing with flooding relating matters, the site is not within an area at high risk of either tidal or fluvial flooding. From flood maps the full site is shown to be at a low to negligible risk of flooding from the river and sea, with the majority of the site also shown to be at the same low risk of surface water flooding, except very small pockets to the back of the site.
• 7.6.2 It is also considered that the applicant has supplied a flood risk statement which outlines the design criteria for all proposed surface water drainage. The statement specifies that the design is based on a 1 in 100-year storm event with an additional 50% climate change allowance. This means that the positive surface water drainage for the development site will accommodate surface water flows from all impermeable areas. The statement concludes that the proposed drainage scheme will eliminate any potential flood risk.
• 7.6.3 In addition to the flood risk statement, the drainage strategy includes several measures to ensure effective water management and prevent contamination. The car wash facilities are to be fitted with recycling units that allow up to 85% of water to be reused. To prevent contamination, the remaining car wash discharge will be connected to the foul system via a sump (which would collect and manage excess water to prevent flooding). Furthermore, to protect the surface water system, the forecourt will have fully encapsulating drainage channels linked to the surface water system through a petrol interceptor before reaching the point of attenuation.
• 7.6.4 Given the comprehensive measures outlined in the flood risk statement and drainage strategy, there are no expected drainage or flood risk concerns for the proposed development. These measures ensure that the site will be well-equipped to handle surface water and prevent any potential flooding or contamination issues.

7.7 CLIMATE CHANGE - ENVIRONMENTAL CONSIDERATIONS (EP 4, EP 22, & Paragraph

• 12.2.8)

• 7.7.1 The applicant has outlined measures that will be incorporated into a Construction Environmental Management Plan, which include measures of fabric efficiency, mechanical and electrical efficiency, renewable energy (solar panels to the roof of the Spar store). These align with Energy Policy 4 and Paragraph 12.2.8 of the Strategic Plan.
• 7.7.2 Whilst the Manx SAP calculator is for domestic properties rather than commercial properties, the fabric design target U values, mechanical and electrical efficiencies, together with renewable energy technologies have been loaded into the SAP calculator and a tentative Energy Cost Report produced. This affirms the development as currently designed will achieve a SAP Energy Efficiency Rating of Level A together with an Environmental Impact (Co2) rating at Level A.

• 7.7.3 The proposals as such are considered to comply with Energy Policy 5 of the Isle of Man Strategic Plan 2016 which requires proposals for more than 100m2 of development to be accompanied by an Energy Impact Assessment.

7.8 ECONOMICAL BENEFITS (Supplementary Guidance on Economic Issues - December 2022 and IOM Strategic Plan - Strategic Policy 6 & 7, Business Policy 1, 2 & 5)

• 7.8.1 The recently published "Supplementary Guidance on Economic - December 2022" provides advice to applicants in terms of the relevant economic matters that will be considered as part of any applications, especially those which have the potential for substantial business growth and benefits to the economic. This guidance links to the relevant planning policies of the IOM Strategic Plan and those in this case in the Area Plan for the South which are outlined in the policy section of this report. This reflects the Tynwald approved "Economic Strategy" which followed the "Our Island Plan". Within the forward of the latter it states,"…to develop a strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which will positively impact all residents in the Isle of Man."

• 7.8.2 In assessing the contributions of the economy of the island, a key matrix is the job creating potential for the development. From review of the employment density matrix from the Homes & Communities Agency Employment Density Guide (3rd Edition - 2015) the change in jobs is anticipated to be positively impacted. From review of this document, it is clear that the current retail space, 150 square meters, supports an estimated 7.5 full-time employees (based on 1 employee per 20 square meters). The proposed development increases the retail space to 695 square meters, which would support approximately 34.75 full-time employees. This results in a net increase of 27.25 retail jobs. The existing office space, currently occupied by Arbory Kitchens, is expected to remain unchanged, resulting in no net change in office employment. The currently unoccupied workshop/warehousing space will be converted to 278 square meters of light industrial space. This is projected to create approximately 5.91 full-time light industrial jobs (based on 1 employee per 47 square meters). Therefore, the overall net change in fulltime positions at the site is projected to be an increase of approximately 33.16 jobs.

• 7.8.3 As such, the proposals would generate 33 full time jobs and as such it is clear from the submission that the proposal would bring economic benefits to the IOM and the Isle of Man Strategic Plan, The Economic Strategy and the "Our Inland Plan", especially given the site is designated for employment type development. These does not factor in other economic benefits that would result for the commercial and industrial activities within the new units. Therefore, the proposed development not only aligns with the strategic goals of the Isle of Man but also promises to enhance the local economy through job creation and increased commercial and industrial activity.

- 8.0 CONCLUSION

8.1 Overall, it is considered that the proposed industrial and retail development aligns with the requirements of General Policy 2; Strategic Policies 1, 2, 5, and 10; Environment Policies 4 and 5; and Transport Policies 1, 4, 6, and 7. The principle of the development is in accordance with the land use designation and the wider policy framework. The proposed building is of a good design and layout, enhancing the character and appearance of the site and surrounding area.

8.2 The development provides sufficient parking provisions, improves pedestrian and vehicular access, and incorporates effective drainage and flood risk management measures. These elements ensure compliance with the relevant transport and environmental policies, contributing positively to the overall safety and functionality of the transportation network.

8.3 Furthermore, the proposals would generate 33 full-time jobs, bringing significant economic benefits to the Isle of Man. The development supports the goals of the Isle of Man

• Strategic Plan, the Economic Strategy, and the "Our Island Plan," particularly given the site's designation for employment-type development.
• 8.4 Given the comprehensive assessment and the alignment with the relevant planning policies, it is concluded that the proposed development would not have significant adverse impacts on public or private amenities, or highway safety. So, the application is recommended for approval.

- 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status.

9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 17.03.2025 Signed : P VISIGAH Presenting Officer Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report). Signatory to delete as appropriate YES/NO See below

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

PLANNING COMMITTEE DECISION 17.03.2025 Application No. : 24/00896/B Applicant : Mannin Retail Ltd Proposal : Redevelopment of the site to create 2 retail units and 2 light industrial units, including relocation of the existing forecourt canopy and pumps. Site Address : Ballasalla Airport Garage Douglas Road Ballasalla Isle Of Man IM9 2AN Planning Officer : Paul Visigah Presenting Officer As above

Addendum to the Officer’s Report The Planning Committee agreed to an amendment to Condition 8 C 8. The operational hours for the retail units and light industry facilities shall be restricted to between 0630am to 2200 Monday to Saturday and 0800 - 2200 on Sundays. Reason: To minimize potential disturbances to the local community and promote a high quality of life for residents.