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1.0 THE APPLICATION SITE 1.1 The application site comprises of a parcel of land contained within Tromode Estate in Onchan. The site is currently undeveloped. 2.0 THE PROPOSAL
2.1 The proposal comprises the erection of four light industrial units with associated offices on the application site. The four units are proposed within a two-storey L-shaped building providing a total of 897 square metres of net floor space. The proposal includes 30 car parking spaces, bicycle parking area, refuse area and loading bays.
3.1 The application site has been the subject of a number of previous planning applications, the following of which could be considered specifically material to the assessment of this current planning application:
3.2 Planning application 02/02108/B sought planning approval for the erection of an industrial unit with parking on the application site. This previous planning application was initially approved on the 28th April 2003. This previous planning approval was not implemented.
3.3 Planning application 05/01905/B sought planning approval for the erection of an industrial unit (amendment to approved 02/02108/B) to be used for restricted retail use on the application site. This previous planning application was on the 16th January 2006. The reason for refusal states "Tromode Estate is in a designated industrial area, for a retail unit to be acceptable the application must provide adequate information to justify that the goods proposed to be sold in the industrial area cannot reasonably be sold from town centre locations. This application does not provide exact details of goods to be sold at the proposed unit and therefore until an application can provide the exact details of what type of goods would be sold, the proposal is unacceptable."
3.4 Planning application 06/01645/B sought planning approval for the erection of an industrial unit with associated hardstanding and parking on the site. This previous planning application was approved on the 7th November 2006. A subsequent appeal against the approval was dismissed, with the appeal approved issued on the 6th August 2007. This previous planning approval was not implemented.
4.1 In terms of local plan policy, the application site is located within a wider area of land designated as light industrial use under the Onchan Local Plan. 4.2 Policy O/I/P/3 of the written statement (Planning Circular 1/2000) that accompanies the Onchan Local Plan states: "Where land is designated for industry, the accepted use of this land will be for light industrial purposes as is defined in the 1982 Development Plan Order: that is "light industrial building (not being a special industrial building in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of the area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit or undue generation of traffic or parking of vehicles". (Part 1, paragraph 2 - page 2)." 4.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application. General Policy 2 states: "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; (1) 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." 4.4 Environment Policy 7 states: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria: (a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; (b) details of pollution and alleviation measures must be submitted; (c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and (d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species." 4.5 Environment Policy 10 states: "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, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4."
4.6 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted." 4.7 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan." 4.8 Business Policy 5 states: "On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either: (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area." 4.9 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." The current standard for light industrial, research and development is 1 space per 30 square metres nett floor space. 5.0 REPRESENTATIONS 5.1 Onchan District Commissioners recommend that the planning application be approved. 5.2 The Department of Infrastructure Highways Division do not oppose the planning application stating that the application meets the required car parking standards and will have no adverse traffic impact. 5.3 The Department of Environment, Food and Agriculture Fisheries Division are satisfied that the proposed development does not present a risk of damage or disturbance to the adjacent watercourse from the proposed development. However, as there is extensive growth of Japanese knotwood within the area it is suggested that a condition of planning approval be that the treatment, clearance and disposal of the knotweed is carried out under the close direction and supervision of officers from the Fisheries Division. 5.4 The Isle of Man Water and Sewerage Authority have discussed flood risk assessment with the applicant's agent and are satisfied with the proposed development in that respect. 6.0 ASSESSMENT 6.1 Given the nature of the estate and its zoning within the Onchan Local Plan the principle behind the erection of an industrial unit is acceptable. The main purpose of the planning application is therefore considered to be an assessment of the acceptability of the specifics of the proposed development. The key issues are the impact on public amenity, the impact on private amenity, the impact on highways, and given the location adjacent to watercourse the impact on that watercourse and flood risk. 6.2 Whilst it is publicly visible the proposed development would only be publicly visible from within the industrial estate and its design is considered to be wholly appropriate for such location. As such, the impact of the proposed development on public amenity is concluded to be acceptable. Given the distance of the proposed development from residential properties the impact on private amenity is also concluded to be acceptable. 6.3 The level of car parking ( 30 spaces) accords with the requirements under Appendix 7 of the Isle of Man Strategic Plan 2007. Vehicular access from the site onto the adjoining estate meets current highway standards and has not been opposed. Overall, it is concluded that the impact of the proposed development on highways is acceptable. This conclusion is supported by the representation from the Department of Infrastructure Highways Division.
6.4 As highlighted earlier in this report the application site is located adjacent to a watercourse. The impact of the proposed development on that watercourse has been specifically examined by the Department of Environment, Food and Agriculture Fisheries Division. They are satisfied that the proposed development does not present a risk of damage or disturbance to the watercourse. There is no evidence to reach a different conclusion to them. 6.5 The proximity of the proposed development to the adjacent watercourse also raises flood risk issues. This issue has been specifically discussed with and examined by the Isle of Man Water and Sewerage Authority. Following this assessment they are satisfied that the proposal is acceptable in respect of flood risk. There is no evidence to reach a different conclusion to them. 7.0 RECOMMENDATION 7.1 It is recommended that the planning application be approved. 8.0 PARTY STATUS 8.1 It is considered that the following parties that made representations to the planning application should be afforded interested party status:
Onchan District Commissioners; The Department of Environment, Food and Agriculture Fisheries Division; and The Isle of Man Water and Sewerage Authority. 8.2 It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Department of Infrastructure Highways Division.
Recommended Decision: Permitted Date of Recommendation: 23.05.2013 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 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.
C 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.
C 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.
C 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.
N 1. The applicant is advised that extensive growth of Japanese Knotweed is known to exist within the area. To avoid further spread of this the applicant is recommended to contact the Department of Environment, Food and Agriculture for guidance on treatment, clearance and disposal of Japanese Knotweed.
N 2. The applicant is advised that a trade effluent discharge consent under Section 17 of the Sewerage Act 1999 will be required for any discharge of trade waste into the public sewerage system from the application site.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Permitted Date : 23.5.13
Determining officer (delete as appropriate) Signed : S22h0101 Anthony Holmes Senior Planning Officer Signed : S22h0101 Michael Gallagher Director of Planning and Building Control Signed : S22h0101 Sarah Corlett Senior Planning Officer Signed : S22h0101 Michael Gallagher Director of Planning and Building Control Signed : S22h0101 Jennifer Chance Development Control Manager
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