Officer Report

Application No.: 24/91153/B Applicant: Freeport Properties Proposal: Creation of commercial units and additional parking Site Address: Site Adjacent Astrea Bioseparation Freeport Balthane Ballasalla Isle Of Man IM9 2AP Planning Officer: Russell Williams Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 31.03.2025 _________________________________________________________________

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 development hereby approved shall be undertaken in full accordance with the approved materials and finishes detailed in drwg. no. 23/3211/04. Reason: In the interests of the visual amenity of the locality.
• C 3. The development hereby permitted shall not be occupied or first brought into use until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of the retention of existing landscaping and new planting showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the building, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species

• Reason: To ensure the provision of an appropriate landscape setting to the development and in the interests of good design.
• C 4. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• C 5. The use of the building hereby permitted shall not commence until the surface water drainage system has been fully installed and is operational, in accordance with approved drawing no. AX0544/01A and the Drainage Strategy Technical Note dated 28 January 2025. The surface water drainage system shall be retained as such thereafter.

Reason: In order to reduce the risk of creating or exacerbating flood risk and to minimise the risk of pollution.

• C 6. No external lighting may be installed without the prior consent of the Department in writing. Reason: To prevent light pollution and impact on wildlife.
• 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 building hereby permitted shall not be used other than for Use Class 2.2 (Light industry and Research & Development) and for no other purpose without the prior grant of planning permission.

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. This application has been recommended for approval for the following reason.

The proposed development will generate additional business activity and employment opportunities through the expansion of a well-established business. The proposed building and site layout are considered to be of an acceptable scale, design and finished appearance such that there will be no harm to visual amenity in the area and matters relating to transport, drainage and ecology have been suitably addressed. The proposal is considered to comply with Business Policies 1 and 5, General Policy 2 and Environment Policies 4 and 13 and it is recommended that the development be permitted.

Plans/Drawings/Information;

This decision relates to the following plans and drawings and reports, received on 24 October 2024 and 31 January 2025:

Existing Site and Location Plan 23/3211/01 Proposed Site Plan 23/3211/02 Proposed Floor Plans 23/3211/03 Proposed Elevations and Section 23/3211/04 Vehicle Tracking 23/3211/05 Drainage Arrangement AX0544/01A Fungus Survey Statement dated 8th January 2025

Drainage Strategy dated 28 January 2025

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Malew Commissioners No objection DOI Highway Services No objection Manx Utility Authority No objection Business Isle of Man Supports the application

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The application site is a vacant parcel of land located opposite the existing Astrea biomanufacturing facility at The Freeport industrial estate, Ballasalla. The site is located to the western side of The Freeport, to the east of the A5 and to the north west of Ronaldsway Airport. - 1.2 Within the estate there are already a number of industrial buildings /uses and Astrea has an existing building to the south of the application site. - 1.3 The applicant's web site indicates that the business operates as: "a Biotage company, focused on helping to bring small and large molecule, and advanced therapies to market with industry leading bioseparation adsorbents and resins."

2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of a new commercial building with associated parking and hardstanding yard area. The development is required in order to facilitate the expansion of the existing business operations by Astrea. - 2.2 The proposed building will allow for an increase in the commercial floor area by 992 square metres. The building will be a modular steel framed structure finished externally with facing brickwork and insulated panels coloured silver grey to the walls and Merlin grey to the roof. Windows and doors will be coloured Anthracite grey and roller shutter doors will be light grey in colour. - 2.3 The site plan includes a new parking area and hardstanding yard. A minimum of 11 parking spaces are proposed and there is space indicated to the yard area for a further 6 spaces.

2.4 Further information of surface water drainage has been submitted. This will comprise a 100m3 below ground attenuation tank system, which will connect into existing drains and dispose water at a rate of 1.1l/s, controlled via a hydrobrake.

3.0 PLANNING POLICY - 3.1 The site lies within an area designated on the Area Plan for the South as "Freeport Industry/Business Park" uses. The site is not within a Conservation Area. - 3.2 General Policy 2 of the Strategic Plan is considered applicable, which states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (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;
• (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;
• (e) does not affect adversely public views of the sea;
• (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."

3.3 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan." - 3.4 Business Policy 5 states: "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."

3.5 Transport Policy 7: 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.' The standard in respect of light industrial requires there to be one parking space per 30 sq m of floor space for light industrial use, one per 50 sq m of industrial floor space and 1 per 100 sq m of storage and distribution floor space.

3.6 Environment Policy 4 states "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;
• (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."

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

4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 None

5.0 PLANNING HISTORY - 5.1 The following applications are relevant to the proposed development:

• 23/01385/B - Alterations, extension, formation of car parking spaces and change of use from warehouse to a bio-manufacturing facility, Unit 4 - Permitted - 24 January 2024
• 24/00432/B - Increase the floor space of the previously approved Plant Room Extension, over two storeys by 72.9m2 - Permitted - 13 June 2024

6.0 REPRESENTATIONS - 6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows: Malew Commissioners - No objection

DOI Highway Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the units will be used by one company and proposed parking and turning of vehicles can be managed efficiently and safely on the site, subject to the proposed parking and vehicle turning areas being implemented before first occupation of the units via a condition on permission (for safe vehicular movements and parking).

Manx Utilities - Drainage - Requested further surface water drainage details. Subsequently confirmed that they are happy with the drainage design and do not object.

DoE - Business Isle of Man - Supports the application. Ecosystem Policy Team - Requested further survey. Report received and subsequently commented: We find it odd that the Ecologist didn't even visit the site, especially since during our visit we ascertained that mossy grassland with fungi was present. However, as fungi is not our expertise, we are content in this instance to accept the Island Biodiversity Consultant's report and assessment. Lighting and landscaping condition requested.

6.2 No representations have been received from members of the public.

7.0 ASSESSMENT - 7.1 The main issues to be considered in the assessment of this application are the principle of the development, the impact of the proposed development on the character and appearance of the surrounding area and whether there is sufficient parking provision.

Principle

7.2 The application seeks a new industrial/commercial building on land that is in an active industrial area. The use of the building is stated as being in relation to the need for increased plant and machinery space to support the expansion of business operations and such is considered to comply with Business Policies 1 and 5, being an industrial use on land zoned for that purpose. Visual Impact - 7.3 The proposed building, parking area and yard is hidden from public view as a result of the dense and high landscape planting along the western boundary of the industrial site. - 7.4 From within the estate the building will be seen in close proximity to the adjacent Astrea building and will not be widely visible from outside the industrial site. Notwithstanding, the scale and design are in keeping with the immediate setting and other buildings in the area. - 7.5 The development includes an element of soft landscaping with grassed areas retained which to some extent soften the appearance of the site. A strong landscaping scheme would be appropriate in order to deliver good design and soften the development. A condition is therefore recommended. - 7.6 Given the setting of the application site, relationship to existing built form and limited visibility from public vantage points, the proposal will not give rise to any material harm to visual amenity and therefore complies with General Policy 2. Transport - 7.7 The proposed building will be used for light industrial/research and development (application form states warehouse though the primary use of the site is Bio-manufacturing facility). For such uses the IOMSP states: "Light industrial, research and development 1 space per 30 square metres nett floor space". - 7.8 The application includes space for up to 17 vehicle parking spaces, including two disabled bays. When regard is had to parking standards, the development of a 992sqm building should provide approximately 33 spaces, and so there is a shortfall and providing such a high level of parking within the site cannot be achieved without reducing the size of the building.

7.9 It is noted that the Highway Services do not object. The site is within an established industrial area and the lower level of parking is not considered likely to displace vehicle parking onto public highways. The site contains a high level of parking already and the proposals will not give rise to any unacceptable impact upon highway safety. Drainage - 7.10 The application is supported by a detailed drainage design scheme. This proposes to install attenuation tanks below the proposed parking area, which will capture surface water flows from the building and yard/parking areas. The water will then be discharged into the existing MUA drainage system at a rate of 1.1l/s with a hydrobrake controlling the outflow. - 7.11 Manx Utilities have confirmed that the drainage design is acceptable to them. It is therefore assessed that the development will not increase any risk of flooding within the site or off site as a result of the new impermeable surfaces being created. The development therefore complies with Environment Policy 13. Other matters - 7.12 Regarding other material considerations, the proposed development is limited in scale and is located away from any nearby or neighbouring dwellinghouses. As a consequence, the proposals will not give rise to any material impact upon the amenity of properties in the area. Similarly, the site is not located within a Conservation Area or in proximity to Registered Buildings such that the development would impact upon the setting of protected areas. The development will not impact upon ecology within the site or protected species and conditions are attached as requested by the Ecosystem Policy Team.

- 8.0 CONCLUSION

8.1 The proposed development will generate additional business activity and employment opportunities through the expansion of a well-established business. The proposed building and site layout is considered to be of an acceptable scale, design and finished appearance such that there will be no harm to visual amenity in the area and matters relating to transport, drainage and ecology have been suitably addressed. - 8.2 The proposal is considered to comply with Business Policies 1 and 5, General Policy 2 and Environment Policy 4 and it is recommended that the development be permitted.

- 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:

• Applicant (in all cases);

• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

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):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

9.5 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 the Right to Appeal.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status, and/or rights to appeal.

Decision Made : Permitted Date : 31.03.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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