23 May 2013 · Delegated
Unit 17, Tromode Estate, Carrs Lane, Tromode, Douglas, Isle Of Man, IM4 4rg
Permission was granted for the erection of four light industrial units with associated offices at an undeveloped plot within Tromode Estate, Carrs Lane, Tromode, Douglas, Isle of Man. The site formed part of an established industrial estate and was undeveloped at the time of the application. The officer's assessment focused on the potential effects on public amenity, private amenity, and the local highway network. The application was recommended for approval by the case officer and was permitted by a Senior Planning Officer under delegated authority on 23 May 2013.
The application was approved by a Senior Planning Officer acting under delegated authority. The key planning issues considered were the impact on public amenity, private amenity, and highways, all of which were found to be acceptable. The formal decision record lists 5 conditions.
Policy O/I/P/3 of the written statement (Planning Circular 1/2000)
Where land is designated for industry, the accepted use of this land will be for light industrial purposes
General Policy 2
Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan
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: (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. 6.3 Development outside of areas zoned for development
Environment Policy 7
Development which would cause demonstrable harm to a watercourse
• Mount Murray Golf Club • Onchan Park • West Baldwin Reservoir Car Park • Clypse Kerrowdhoo Reservoir Car Park • Conrhenny Car Park • Ballanette Nature Reserve • Axnfell Plantation Natural Environment Proposal 7 Proposals for development in the vicinity of Dark Sky Discovery Sites are to have minimal outdoor lighting and be encouraged to have a design response which is non-intrusive into the darkness of night. Baffling and directionality of lighting must be sensitive to contain any necessary lighting within a subject site only. Watercourses and Wetlands The collection of hills in the East has produced a network of mountain streams which gradually join and widen to become the rivers flowing out into Douglas Bay, Port Groudle and Laxey Bay. Several of these rivers fro m the natural boundaries between the Eastern Parishes. A non-exhaustive list of streams and rivers in the East includes: Crammag River Injebreck River Creg-y-Cowin River West Baldwin River Awin Ny Darragh Baldwin River River Glass Greeba River River Dhoo Santon Burn Crogga River Middle River Laxey River Glenroy River Groudle River Ballacottier River River Douglas It is likely that these streams and rivers, similar to most of the Island's watercourses, support populations of European Eels - classified by the International Union for the Conservation of Nature (IUCN) as Critically Endangered - and Brown Trout. Most rivers with good fish passage from the sea, including the Dhoo, Glass, Laxey and Santon Burn, contain populations of salmon and sea trout. The Dhoo and Glass are known also to support populations of brook (and possibly river) lamprey. Many of the tributary streams to the major rivers, although small, provide valuable additional spawning and nursery areas for salmonids and lampreys. There are four reservoirs in the East: Eairy Dam, Injebreck, Clypse and Kerrowdhoo. The proposals in this plan for additional housing in the East are likely to have an impact on the water levels in these reservoirs and consequently on the compensation flows within the downstream rivers. DEFA reports that i n recent years there has been evidence of low summer flow below Injebreck reservoir in the River Glass. It is suggested that any reduction in flow in the River Glass could have consequences for the ecology of the river, including fish populations. DEFA has highlighted evidence that artificial light from new housing close to rivers may have a detrimental impact on migratory salmonids. The reservoirs in the East are home to wild brown trout and Injebreck, Clypse and Kerrowdhoo are stocked with rainbow trout for visiting anglers. This Plan recognises that the economic value of the recreational fishing industry depends both on healthy fish stocks and high recreation and visual amenity. The ecological services provided by the Island's watercourses and wetlands are considerable, including carbon storage and natural flood mitigation. An undeveloped corridor of land between the river bank (measured from the edge of th e river channel) and any riverside development is required to allow for natural changes in the position of the river channel, as well as in water levels . The natural vegetation and physical structure of a river bank also provides a wildlife corridor for non-aquatic species. Natural Environment Proposal 8 Proposals for new development in the Plan Area which intend a connection to the Injebreck Reservoir for its water supply must demonstrate that as a consequence of this new development, water levels will n ot be so affected as to have a detrimental effect on normal flows. Natural Environment Recommendation 2 It is recommended that ahead of making any applications for development close to the reservoirs, watercourses and wetlands in the East, applicants must discuss such proposals with DEFA to establish the need for specific design elements to be taken into account . This may include : the impact of artificial light from the development on migratory fish species, buffer distances from the river bank and visual amenity. Marine Protected Areas and Marine Conservation Zones Increased efforts are being made to protect the health and biodiversity of the marine environment as well as the economic and social benefits which effective management of marine resources brings. Marine protected areas are areas of the sea that are protected from fishing and other impacts, with the aim of restoring habitats and supporting sustainable fisheries. The Isle of Man currently has ten Marine Protected Areas around our coast, encompassing 10.4% of Manx waters. One of these is the Sea Fisheries Restricted Area at Laxey Bay which was established in 2009 with the intention of enh ancing the scallop stock and later seeded with juvenile scallops. In 2008 , Douglas Bay closed to mobile fishing gear. Its current status is as a Marine Conservation Zone, though there is an intention to designate the Bay as a Marine Nature Reserve. Marine Nature Reserves are designated to conserve their flora,
Environment Policy 10
Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding
irements of the relevant gas supply agency. Flood Risk 63 There was widespread concern about the adequacy of drainage and the risk of flooding, particularly in parts of Braddan, Onchan and Laxey. Environment Policy 10 of the Strategic Plan indicates that where development is proposed on any site where there is a potential risk of flooding, the prospective developer will be required to submit a flood risk assessment, together with details of proposed mitigation measures. This approach is reinforced in Utilities Proposal 6 of the draft Area Plan, which (among other things) requires the incorporation of Sustainable Drainage Systems (SuDS) into new developments, to attenuate the rate of surface water run-off. I consider these policies to be reasonable. Clearly, without adequate mitigation measures, new building should normally be resisted on land which is at serious risk of flooding, or where the proposed development would increase the flood risk elsewhere. 64 In my view, the format of Utilities Proposal 6 could be improved. First, as a Proposal of the Area Plan, I consider that it should be in a bold typeface, to differentiate it from the supporting text. (The same applies to a number of other policies e.g. Transport Policy 2, and Utilities Policies 2 and 5). Second, there appears to be an error of syntax at the start of the second sentence of Utilities Proposal 6, which should perhaps read 'Strategies to achieve this will include …'. Third, the third bullet point of this Proposal introduces SuDS. Subsequent bullet points describe features of SuDS, and are therefore subordinate to the third bullet point. For clarity, I consider that they should be indented. I recommend that the draft Area Plan be modified accordingly. Sewage Treatment 65 There was also some public concern about the adequacy of the sewerage system, both in terms of its capacity to accommodate the effluent from proposed residential development areas, and in terms of the current practice of discharging untreated sewage into the sea. Infrastructure Policy 1 of the Strategic Plan indicates that developments entailing the erection of multiple dwellings should take place only on sites that will ultimately be connected to the IRIS system, which takes sewage to a treatment works at Meary Veg. (IRIS is an acronym for Integration and Recycling of the Island's Sewage). However, as long ago as 2006/7, a review was undertaken to decide whether to continue with the IRIS strategy. This concluded that it would be beneficial to adopt a regional sewage treatment strategy (RSTS) for those settlements that were not already connected to the IRIS system, including Laxey, Baldrine and settlements in the Central Valley. To that extent, Infrastructure Policy 1 of the Strategic Plan is now out of date. 66 I understand that a planning application will soon be submitted for the development of a local sewage treatment facility for Laxey. Feasibility studies for the provision of a similar facility to serve Baldrine are ongoing. A replacement sewage works at Ballagarey, serving part of the Central Valley became operational in 2018. However, capacity limitations mean that planned development in Crosby is likely to have to rely on standalone sewage treatment for the time being, until the existing treatment works is replaced as anticipated in 2022. The Programme for Government (2016-2021) indicates an intention to complete the regional sewage treatment infrastructure within the lifetime of the present administration. 67 It seems to me that these considerations should be taken into account in the allocation and phasing of land for development. I will return to this matter when considering the draft Area Plan's proposals for housing. Electricity Renewable Energy 68 Peel Energy considered that the Area Plan should contain a detailed and specific chapter on renewable energy, providing measurable criteria against which applications for the development of renewable power generating facilities would be assessed. They cited the States of Jersey Island Plan 2011, which includes such material. And they pointed out that a Climate Change Emergency has recently been declared on the Isle of Man; that a Climate Change Bill is soon to be presented to Tynwald; and that there has been strong public support for the Government's Climate Change Mitigation Strategy. They argued that, in failing to provide detailed guidance on renewable power generation, the Area Plan was inconsistent with the Strategic Plan; and that since the Area Plan post-dated the Strategic Plan, its largely negative provisions would prevail. 69 Energy Policy 4 of the Strategic Plan applies to development proposals for renewable energy generated by wind, water, tidal or solar power. It indicates that any such proposals will be judged against that Plan's environmental objectives. Proposals for wind, water or tidal power would need to be supported by an Environmental Impact Assessment. The supporting text indicates that renewable energy schemes will be given similar scrutiny as is gi
Environment Policy 13
Development which would result in an unacceptable risk from flooding
Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted. 7.13. Agriculture 7.13.1. Agriculture is an integral and vital part of the rural economy and rural society and to a great degree is responsible for the appearance and stewardship of the countryside. The Island's farms not only provide the community with a healthy proportion of meat and vegetable produce but also provide employment opportunities. It is important to sustain agric ultural industry by safeguarding its prime resources, by allowing appropriately designed and sited new buildings (where need is established) and by encouraging conservation -based land management regimes (including appropriate tree and shrub planting). Howe ver, this must not be at the expense of the appearance and character or openness of the landscape, or result in the loss of traditional hedgerows and field boundaries or the loss of limited areas of good quality agricultural land. A recent study on agricultural soils on the Isle of Man (1) revealed that the majority of the agricultural land on the Island (80.26%) fell within Class 3, based on the land use capability class system in England and Wales (classes range from Class 1 to 5, with Class 1 being the mo st versatile land). Class 3 land characteristics can be summarised as land with moderate limitations which restrict the choice of crops and/or demand careful management. Only 4.87% of agricultural land falls within Classes 1 and 2. According to the agricultural land use capability map (figure 4 of the study), all of the Class 1/2 land of which Class 1 is the dominant class can be found in the south of the Island to the east of Ballasalla. New Area Plans will include a general presumption against the rel ease of Class 1 and 2 agricultural land for development. The highest level of protection will apply to the highest graded quality of land with Classes 1 and 2 soils being afforded most protection from development and being taken out of agricultural use. Where there is a proposal to develop land which is categorised in the Agricultural Soils of the Isle of Man report as being mixed Classes 2 and 3, those wishing to develop the land should ascertain which parts of the site represent higher grade of soil wi th these parts being avoided for development purposes. 7.13.2 One of the prime considerations in the determination of development proposals in the countryside will continue to be the conservation and enhancement of the landscape. In terms of the di versification of farms and farm buildings, there may be some circumstances where this may be appropriate and it is acknowledged that small scale enterprises can promote healthy economic activity in rural areas whether this be for commercial, industrial, tourism, sport or recreation uses. There is, however, a general presumption against the introduction of new uses into the countryside (including industrial or office uses): (a) for which there is no local need; (b) which would materially effect the rural character of an area; (c) which would necessitate the creation of new buildings; and (d) which would be more appropriate in industrial zones, business parks or within urban centres. 7.13.3 In recent years there has been increasing demand for new development and buildings in the countryside, particularly for new modern agricultural buildings. Such buildings can have, and in a number of areas already have had an adverse effect on the character and appearance of the landscape, particularly when sited in exposed locations away from building groups and on elevated land. It is important that new development should be compatible with the character of the surrounding area, and the need for n ew buildings in the countryside will be balanced against the harm that development may have on the particular environment within which it is proposed. In terms of new agricultural dwellings, permission will not be granted unless real agricultural need is demonstrated and will in every case be assessed in terms of need, sensitive siting, design, and size, and be subject to an agricultural occupancy condition. (1) Agricultural Soils of the Isle of Man, Harris et al, (Centre for Manx Studies) 2001 7.13.4 It is recognised that there have been considerable changes in the economy in the last twenty years. The number of people in full time agricultural employment has reduced for a number of reasons including increased mechanisation, reductions in the number of farms; and increases in the size of farm holdings. In many cases smaller farms have been amalgamated into larger units to increase economic viability. This has often been accompanied by the sale of former farmhouses and cottages to those who do not earn their employment in agriculture. At the same time there has been an increase in part time involvement in farming either where the income from agriculture is supplemented by other employment or where the person's main employment is not in agriculture but they farm on a part time basis. In considering the applications for new houses in the coun tryside the Department will give careful consideration to agriculture justification based on full time employment in agriculture. See also Section 8.9 in Chapter 8 - Housing.
Business Policy 1
The growth of employment opportunities throughout the Island will be encouraged
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Business Policy 5
On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution
is understood that existing buildings and uses may require some form of planning approval from time to time in order to carry out necessary maintenance and keep up building standards. Glen Roy (B5) Landscape Character Area Glen Roy (B5) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the tranquil rural valley, with its scattered houses and farmsteads surrounded by deciduous woodland; b) its winding, narrow roads with small fords and bridges; c) relatively continuous tree cover in the valley bottom; d) strong field pattern on the lower valley sides. Key Views Opened and channelled views up to the open uplands that surround the area. Channelled views over wooded valley towards Laxey. East Baldwin (B6) Landscape Character Area East Baldwin (B6) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the valley with its dense deciduous woodland in valley bottom; b) its scattered hill farms and houses in the remote, rural and tranquil valley. Key Views Reasonably enclosed views due to the relatively continuous roadside trees that grow on the grassed Manx hedges that line the road corridor and the dense woodland on the valley floor. Some glimpsed views through field gates up valley sides, and over wooded valley floor to the open upland areas that surround the valley. Expansive and panoramic views up to the surrounding upland areas and down the valley from the more open valley head. West Baldwin (B7) Landscape Character Area West Baldwin (B7) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the valley with its dense deciduous woodland in lower valley bottom; b) the traditional character of West Baldwin Village; c) the rural and tranquil character of the valley; d) the open views across the West Baldwin Reservoir to the surrounding upland areas. Key Views Enclosed views from the valley bottom. Glimpsed views between vegetation up the valley to the upland areas. Open views across the West Baldwin Reservoir. Glimpsed view of St. Luke's Church. Landscape Proposal 3 (West Baldwin) To preserve the character of West Baldwin village any application for planning approval must demonstrate that consideration has been given to scale, location and design of development in order to protect and enhance the village and its setting and that the proposed development can mitigate adverse effects. Landscape Proposal 4 (West Baldwin) Any development that would be visible from the West Baldwin Reservoir must be so designed so as to integrate well into the landscape showing sensitive design towards its setting. Colours, materials and finishes must be of a non -reflective and complementary nature. Greeba Valley (C1) Landscape Character Area Greeba Valley (C1) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the valley with its well-treed and enclosed character in the valley bottom; b) its distinct rectilinear field pattern and small scattered hill farms on the rising valley sides. Key Views Views from valley floor t ypically enclosed by the fragmented woodland and roadside trees on the valley floor. More open views from the valley sides along the valley and up to the peaks of the Northern Upland peaks and the upper slopes of Foxdale. Union Mills, Glen Vine & Crosby (C3) Landscape Character Area Union Mills, Glen Vine & Crosby (C3) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the well -treed valley with some scattered and nucleated settlements. Key Views Open views up to the Northern Uplands and the upper slopes of Foxdale in places. Glimpsed views in the East towards the urban edge of Douglas Laxey (D2) Landscape Character Area Laxey (D2) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of this area, with its relatively sparse settlement other than the characteristic settlement of Laxey; b) its distinct small-scale field pattern; c) its valley bottom woodland along National Glens; d) the setting of the various historic and archaeo logical features within the area. Key Views Dramatic views to an Upland backdrop to the North and West. Channelled views East and West along the corridor of Laxey Glen. Views to the instantly recognisable Lady Isabella water wheel as a landmark within the area. Panoramic views eastwards across the sea from areas of higher land within the character area. Landscape Proposal 5 (Laxey) There is a presumption against development that would have an adverse impact on the setting of the landmark Lady Isabella water wheel. Proposals for planning approval which would result in some development being visible from the Lady Isabella water wheel must demonstrate that the design is informed by the setting and has taken into account the effect, if any, on such views and responded to them. Slope and lan
Transport Policy 7
The Department will require that in all new development, parking provision must be in accordance with the Department's current standards
Condition 1
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Condition 2
The development hereby permitted shall not be carried out except in full accordance with drawing no.s P-100 rev. B, P-101 rev. C, P-102 rev. C, P-103 rev. B, P-104 rev. B, 101 rev. 1 and 300 rev. p1 date stamped the 15th March 2013.
Condition 3
Prior to the first occupation of any the four units the first and third recommendations set out at Section 5.2 (page 12) of the submitted Flood Risk Assessment, prepared by Hyder Consulting (UK) Limited dated the 10th May 2013, must be carried out.
Condition 4
Prior to the first occupation of any of the four units the car parking layout shown on drawing no. P-102 rev. C, date stamped the 15th March 2013, must be set out and be capable of use. This car parking shall be retained as such thereafter for the lifespan of the development.
Condition 5
The use of the units must be restricted to dry industrial processes only. The only discharges that will be accommodated in the public foul sewer at this time are domestic (only) sewage from WCs and canteens.
erection of an industrial unit with parking
previous planning approval was not implemented
erection of an industrial unit (amendment to approved 02/02108/B) to be used for restricted retail use
erection of an industrial unit with associated hardstanding and parking
previous planning approval was not implemented