Officer Report Recommendation

7.19 The site is within an area of High Landscape or Coastal Value and Scenic Significance, however, with previously developments and approved applications which have taken place, it is considered perhaps this particular site has lost its character and the quality of the landscape is perhaps not held with such quality as when the Development Plan Order was undertaken in 1982. 7.20 It is noted that the Council of Ministers for the application for twelve industrial starter units ( 06 / 01265 / B ) commented that:- "This development has been permitted in an Area of High Landscape or Coastal Value and Scenic Significance, where the conservation and protection of the landscape is normally the primary considerations. However, the Council of Ministers consider that special circumstances apply in the Jurby Industrial Estate, both from the quality of the landscape and the needs of the locality for development of this sort which warrant an exception to this policy, In due course it is expected that the landscape designation affecting the locality will be reviewed. The Council Of Ministers do not consider that such exceptions would be warranted elsewhere on the Island as a result of this permission." 7.21 It is perhaps important to include in consideration, that development of a new karting track and associated facilities and the Jurby Prison have also been approved and built within the area of High Landscape and Scenic Significance, which are within close proximity to the application site. 7.22 Overall, given the previous approved development on this site and the substantial development permitted within close proximity and surrounding the application site, it is considered refusal of the application on the grounds of Environmental Policy 2 would be unsustainable, given the proposed site would be more of an infill development within the established Jurby Industrial Estate.

7.23 Parking Standards

With regard to parking, the proposal would include a total of 20 car parking spaces, one of which is a disabled parking space. The spaces would comply with the parking standards as set out in the Isle of Man Strategic Plan. Additionally, the proposal would provide a motorbike parking facility and a bicycle rack. The Highway Division have no objection to the proposal.

8. Recommendation

8.1 It is considered that the use of the site for the proposed manner accords with the general light industrial nature of the surrounding area. Accordingly, it is considered that the construction of the unit and the external space is acceptable and it is recommended that the application be approved.

9. Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval relates to the erection of a factory unit with associated car park as proposed in the submitted documents and drawings 10 J010 010 , 10 J010 020,10 J010 033 and 10 J010 040 all received on 19th April 2010.

1. The units shall only be used for light industrial purposes or for a purpose within Class 5 of the Schedule 4 of the Town and Country Planning (Permitted Development) Order 2005.

1. Prior to commencement of works, samples of the proposed facing and roofing materials to be used shall have been submitted to and approved in writing by the planning authority. Once approved the development shall be carried out only in full accordance with such details or any approved amendments.

1. No advertisement matter of any description shall be exhibited on these premises without the PRIOR written permission of the Planning Authority.

1. Prior to the occupation of the building the car parking and manoeuvring areas as indicated on the approved drawings are required to be provided and thereafter those areas shall be kept marked out and available for such use at all times.

1. The buildings hereby permitted shall not be occupied until cycle and motorcycle parking facilities have been provided in accordance with details which shall first have been submitted to and approved in writing by the planning authority and those facilities shall thereafter be kept available at times for their respective purposes.

1. No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Planning Authority and these works shall be carried out as approved. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of any of the proposed dwellings hereby permitted, so that the require parking spaces can be provided. All planting shall be carried out in accordance the approved details in the first planting and seeding seasons following that first occupation. Any trees or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the planning authority gives written consent to any variation.

The Planning Division would also suggest the following notes are attached to the approval notice for the benefit of the appellant.

1. The proposed Factory Unit must be connected to the public sewer(s) in a manner acceptable to the Isle of Man Water & Sewerage Authority, Drainage Division. All drainage works must conform to the requirements of the Department of Transport's "Manx Sewers for Adoption" and all necessary inspections/surveys (including CCTV) are to be carried out at the developer's expense.

In accordance with the Sewerage Act 1999, a communication fee will be payable to the Isle of Man Water & Sewerage Authority in respect of this property being connected (directly or indirectly) to the public drainage system.

Note: Under section 4(3) of the Sewerage Act 1999 the applicant must give 21 days notice, in writing, to the Drainage Division, prior to making any

communication to the public sewer. The applicant is therefore advised to contact the Development Control section of the Division to discuss this matter.

1. There must be No discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Isle of Man Water \& Sewerage Authority, Drainage Division and the Sewerage Act 1999.

It is noted that the surface water from the property is to be discharged via a soakaway. The use of soakaways are subject to Building Control approval and if this approval is not granted, the Drainage Division would not give permission for the discharge of surface water into the existing foul system and an alternative means of disposal would have to be sought.

Note: The applicant is requested to supply the Division a copy of any Building Control Application in relation to the surface water discharge form this development.

1. The use of the proposed units must be restricted to dry industrial processes only. The only discharges which will be accommodated in the public foul sewer at this time are domestic (only) sewage from WCs and canteens.

This statement has been prepared by Mr Chris Balmer, MA Hons, MTCP, MRTPI Planning Officer, on behalf of the Planning Division of the Department of Infrastructure.

Signed Date