Officer Report

Application No.: 24/91171/B Applicant: Kingfisher Ltd Proposal: Reconfiguration of existing car park including the creation of 8 additional car parking spaces, alterations to forecourt to increase vehicle manouverability and installation of hardstanding Site Address: Unit 73-77 Balthane Park Balthane Ballasalla Isle Of Man IM9 2AX Planning Officer: Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.11.2024 _________________________________________________________________

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. Prior to commencement, details for the drainage of the driveway shall be approved in writing by the Department. The drainage solution shall be installed according to the approved details and retained thereafter. Reason: in the interest of protecting highway drainage.

This application has been recommended for approval for the following reason. The proposal does not harm the character of the area or the local highway and parking. The proposal is considered to comply with General Policy 2 of the Strategic Plan.

Plans/Drawings/Information; This approval relates to the documents, cover letter, photos and drawing no. 1108-01, 110802, 1108-03, which has been received on 10th October 2024.

_________________________________________________________________ Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

Local Authority - No objection Department of Infrastructure - No objection subject to conditions which have been applied

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The site is Unit 73-77, Balthane Park, Balthane Industrial Estate, Ballasalla, a row of industrial buildings at the northeast end of the estate. The building faces the northeast and there are paved parking area in front of the building (ten spaces). There are hedges surrounding the paved area.

2.0 THE PROPOSAL - 2.1 The proposed is to extend the paved parking area to increase eight spaces. The proposal also includes a paved area to facilitate vehicle manoeuvring.

- 3.0 PLANNING HISTORY

3.1 Erection of 20 industrial/storage and distribution units in two separate blocks was APPROVED under PA 21/00746/B. - 4.0 PLANNING POLICY Site Specific

4.1 The site is within an area designated as Industrial in the Area Plan for the South. Strategic Policy

4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: o General Policy 2 (b), (c), (g), (j) PPS and NPD - 4.3 No Planning Policy Statement or National Policy Directive is applicable to this application.

5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance

5.1 There is no strategy or guidance considered materially relevant to this application. - 6.0 REPRESENTATIONS

6.1 Malew Parish Commissioners has no objection to this application (06.11.2024).

6.2 DoI Highway Services does not oppose this application (23.10.2023). The comment states that there is no significant negative impact upon highway safety, network functionality and/or parking, as the proposals will aid vehicle parking and manoeuvrability for the units. - 6.3 DoI Highway Drainage writes in (07.11.2024) to inform the applicant that no surface water should be discharged onto a public highway.

- 7.0 ASSESSMENT

7.1 The key consideration of this application is its impact on the character and streetscene of the area and on highway safety

7.2 The enlarged paved area still fits in with the industrial character of the area. The existing hedges continue to shield the industrial estate from public views so it is considered that there is no adverse impact on the character and streetscene of the area.

7.3 As there is no objection from Highway Services, it is considered that there is no adverse highway impact.

- 8.0 CONCLUSION

8.1 The proposal does not harm the character of the area or the local highway and parking. The proposal is considered to comply with General Policy 2 of the Strategic Plan. Therefore, it is recommended for an approval. - 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:

• o 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.

I can confirm that this decision has been made by a Principal Planner 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: 19.11.2024 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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