Officer Report

Application No.: 25/90051/B Applicant: Mr Paul Walker Proposal: Installation of windows Site Address: 87 Balthane Park Balthane Ballasalla Isle Of Man IM9 2AX Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 06.05.2025 _________________________________________________________________

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 proposed windows shall be coloured graphite grey or similar. Reason: To protect the character of the building.
• C 3. No part of the ground floor window shall open outwards. Reason: To prevent obstructions for pedestrians or vehicles.

This application has been recommended for approval for the following reason. The proposal is considered to be acceptable in respect of design and visual impact upon the character of the building and wider visual within the industrial estate. The proposal accords General Policy 2, Business Policy 8, Strategic Policy 3 and Environment Policy 42 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the following Plans, drawings and detail received on the 16th of January 2025.

• o Location Plan drawing no.25/0855 Job no.01
• o Site Plan drawing no. 25/0855 Job no.02
• o Existing and Proposed drawing no. 25/0855 Job no.03

________________________________________________________________ Right to Appeal

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

• o DoI - Highways Services - No objection
• o Marlew Parish Commissioners - No Objection _________________________________________________________________

- 1. THE SITE

• 1.1. The application site relates to unit 87 Balthane Park, which is within a collection of industrial units.
• 1.2. The site is located within the Balthane Industrial Estate that is north of Ronaldsway Airport and accessed from the A5.

- 2. THE PROPOSAL

• 2.1. The application seeks approval for insertion of one single pane ground floor window measuring 600mm x 900mm and one three pane first floor window measuring 1800mm x 900mm. The windows are proposed as aluminium, white frame.
• 2.2. The application is supported by an existing and proposed plan.
• 3. PLANNING POLICY Site Specific

• 3.1. On the Area Plan for the South, Map 3 and Map 4 Ballasalla, the site is on land designated as 'Industry / Business Park'.

• 3.2. There are no constraints that could hinder the proposal. Strategic Plan

• 3.3. Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:
• 3.4. Strategic Policy 3 and Environment Policy 42 focus on the visual design of development and its impact upon the character and identity of its immediate locality.
• 3.5. General Policy 2: 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 accords with the criteria of the Policy. In this case the following criteria are considered relevant (a) to (n);

• (b) respects the site and surroundings in terms of the design of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (n) is designed having due regard to best practice in reducing energy consumption.

• 3.6. Business Policy 8 requires new buildings (this building is relatively new) to have due regard to the design and its impact on the adjoining land and buildings.

- 4. OTHER MATERIAL CONSIDERATIONS

• 4.1. None

Officer’s Report

- 5. PLANNING HISTORY

• 5.1. There is previous planning history associated with the site but none that are materially relevant to determine this application.
• 6. REPRESENTATIONS

• 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.

• 6.2. Local authority o Malew Parish Commissioners - No objections (07/02/2025)
• 6.3. Statutory Bodies

• o Highway Services - No interest (31.01.2025).
• o Manx Utilities, Electricity - although consulted on the 20.01.2025, has not commented
• on this application at the time of drafting this report (30.04.2025) and so it is assumed that there are no objections to the application.

- 7. ASSESSMENT

7.1 The site is within an industrial business park in which within the wider visual there are industrial units of various design, materials, scale and position. In this instance the unit appears concrete colour /render material and colour at ground level with grey/blue metal cladding above. Utility boxes on the ground floor elevations are white and the roller shutter doors are grey.

7.2 Due to the proximity of other units the key consideration is the design.

7.4 in respect of the actual insertions of openings within the façade of the building, this is considered acceptable. Although these are the first on this front façade there are windows on the front facades of other units. Therefore the openings would not be wholly out of character with the locality, or that of a business unit. In addition the openings will provide natural light to areas of access and working that is considered appropriate for the wellbeing of users. - 7.5 in respect of the colour, the windows are proposed in graphite grey. This colour is considered appropriate for the existing colour palette of the building.

- 8. CONCLUSION

• 8.1. The proposal is considered to be acceptable in respect of design and visual impact upon the character of the building and wider visual within the industrial estate.
• 8.2. The proposal accords General Policy 2, Business Policy 8, Strategic Policy 3 and Environment Policy 42 of the Isle of Man Strategic Plan 2016.

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.

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 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: 06.05.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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