Officer Report

Application No.: 25/90015/C Applicant: Manx Utilities Authority Proposal: Additional use of land for parking / storage of vehicles Site Address: Greenhill Communications Centre Isle Of Man Business Park Douglas Isle Of Man IM2 2QZ Planning Officer: Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.03.2025 _________________________________________________________________

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 additional use of the site for parking and storage of vehicles hereby approved is for the benefit of Manx Utilities only.

Reason: The application has been assessed on this basis only and not for any other private operator.

• C 3. The additional use referred in Condition 2 is restricted to the area outlined in red on the submitted Site and Location Plans only. Reason: The application has been assessed on this area only.

N 1. Applicant/land owner is to be reminded of their separate obligations under the HIghway Act 1986 in respect of surface water.

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

The particular circumstances of this site already being used for parking, and that the existing and proposed operators are both business headquarters to which the parking relates are matters which weigh in favour of the proposal, also noting the proximity of the parking area to the Manx Utilities building and the degree of need in providing such a parking facility for those utilities vehicles serving the Island. Subject to conditions relating to the proposed operator and site area the application is considered to accord with Strategic Policies 1, 2, 7 and 10, General

Policy 2 (b, c, g, h and i) and Transport Policies 1, 4, and 7 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to the following:

• o Site Plan
• o Location Plan
• o Aerial View of the Site all date published online 17/01/2025
• o Site Photos
• o Planning Statement both date published online 07/01/2025

_________________________________________________________________ Right to Appeal

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

• o Braddan Parish Commissioners - No objections
• o Department of Infrastructure (highway services and highway drainage) - No objections _________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site relates to a parking area forming part of the wider plot in which Greenhill Communications Centre sits within and within the wider IOM Business Park, Braddan. - 1.2 There are currently two access into Greenhills, one from the main Barley Fields estate loop road and another access off the business park roundabout and towards the end of a culde-sac north of the site. - 1.3 The site is characterised by a large building sitting in the centre of the site with large surrounding car park areas. - 1.4 Planning history indicates the use of Greenhills as a data centre by telecommunications businesses.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for the additional use of part of the northern most car parking area for the parking and storage of vehicles not associated with the primary telecommunications use of the site, but by Manx Utilities an operations provider also with headquarters premises within the business park. - 2.2 Supporting statement sets out that their service vehicles are parked at the site and are available to employees to use 365 days of the year. The nature of use is dependant on what jobs are being worked on and whether there are any on call emergencies out of hours including burst water mains or power outages. The nature of use is that the employee arrives to the site leaving their personal car, and taking the work vehicle to their designated job and switching back on return.

3.0 PLANNING HISTORY - 3.1 The site has been the subject of a number of previous application relating to the use of the site for telecommunications and for building and signage works.

- 4.0 PLANNING POLICY

4.1 The site is designated as 'Industrial Use' on the Area Plan for the East (Map 4 Douglas), and the site is not within a Conservation Area. There is a small strip between the north side of the main building and the proposed car park area which is indicated as being at some surface water flood risk, this is outside of the red line. There are no registered trees on site and the site is not within a registered tree area. - 4.2 Relevant policies of the Isle of Man Strategic Plan 2016:

• o Strategic Policy 1 - make best and efficient use of sites
• o Strategic Policy 2 - development directed to town centres
• o Strategic Policy 7 - industrial land protected for such uses
• o Strategic Policy 10 - designed to promote integrated transport network
• o Spatial Policy 1 - Douglas will remain main employment and services area
• o General Policy 2 - general development standards
• o Environment Policy 23 - potential adverse impact of proposed changes on neighbours
• o Business Policy 5 - permission only for industrial development or storage and distribution and retailing not permitted unless meeting the exceptions criteria.
• o Transport policy 1 - located close to existing services and routes
• o Transport Policy 4 - designed to be capable of accommodating vehicle and pedestrian journeys
• o Transport Policy 7 - car parking space standards
• o Paragraphs 11.8, 11.9 and 11.10 - drainage, communications and water supply

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

5.1 Department of Infrastructure (DOI) Highways Division - do not oppose (21/01/2025) no significant negative impact upon highway safety, network functionality and/or parking as the site is suitable for parking of vehicles and the local highway network can accommodate the extra vehicles. - 5.2 Braddan Parish Commissioners - no objection (28/01/2025) - 5.3 DOI Highway Drainage - comments (14/01/2025) 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.

- 6.0 ASSESSMENT

6.1 The site is already laid out and used as a car park and so in principle the continued use for the parking of vehicles is not an issue nor is it expected to result in any new or increased highway safety issues per se. However a matter to consider is that the proposed user of the additional car parking area is not the primary occupier of the site and so the loss of part of the parking to another user could impact on the main occupier and whether this may force demand for their own car parking elsewhere. - 6.2 It is clear from review of the submitted information and aerial images that the main Communications Centre building here benefits from a significant amount of vehicle parking surrounding the building and benefitting from two access into and out of the site. Submitted information indicates that primary access into the proposed additional car park area is via the top access and so its use by a separate operator in this instance could be reasonably and functionally separate from the remaining operation of the communications centre site, but still accessible to them should they need additional or overspill parking. - 6.3 The IOM Strategic Plan highlights at paragraphs 11.8, 11.9 and 11.10 the importance of drainage, communications and water supply, and two factors weighing in favour of this

• application are that the proposed occupier of the car park area is by Manx Utilities who are another business headquarters located in the estate and which provide fundamental and key services to the Island and which have set out in their supporting statement the need for those service vehicles to be available and accessible both inside and outside of normal business hours, and so there is degree of national need to some extent of having these parking facility provided for. In addition to this, should the communications operator of the whole site ever decide that the additional parking is interfering with or disrupting their day to day operation that they could at any time cease their tenants use.
• 6.4 Comments have been received from highway drainage, they have not opposed the application but have indicated that proposals should not result in surface water run off on to a public highway. In this instance the car parking already exists and no physical works are being proposed and so there is no expected increase to any surface water beyond the existing situation and therefore no new issues expected as to undermine 11.3.11 of the Manual for Manx Roads. A note will be added to remind the applicant of their obligations under the separate Highways Act 1986.

- 7.0 CONCLUSION

7.1 The particular circumstances of this site already being used for parking, and that the existing and proposed operators are both business headquarters to which the parking relates are matters which weigh in favour of the proposal, also noting the proximity of the parking area to the Manx Utilities building and the degree of need in providing such a parking facility for those utilities vehicles serving the Island. Subject to conditions relating to the proposed operator and site area the application is considered to accord with Strategic Policies 1, 2, 7 and 10, General Policy 2 (b, c, g, h and i) and Transport Policies 1, 4, and 7 of the Isle of Man Strategic Plan 2016. - 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

8.1 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).

8.2 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.

8.3 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. - 8.4 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 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 : 13.03.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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