14 November 2024 · Committee
Bowls Pavilion, Ronaldsway Industrial Estate, Ronaldsway, Ballasalla, Isle Of Man, IM9 2ry
The proposal involves erecting a new medicinal cannabis production facility and company headquarters on land formerly associated with Ronaldsway Sports and Social Club, within Ronaldsway Industrial Estate. The 2.63-hectare site is open grassed land that slopes gently from northeast to southwest, with existing hedging along the business park access road screening views from the A5. The development includes a new 11kV electricity substation, landscaping, access, parking, and associated infrastructure. Key planning issues assessed included the principle of development, drainage and flooding, utilities, pollution, and archaeology. The committee approved the application, subject to 14 conditions, concluding that environmental impacts — including those on trees, ecology, and drainage — would be adequately mitigated.
The committee approved the application because it accords with the Development Plan and would deliver economic development in an established business park location. Adverse environmental impacts, including effects on trees, ecology, drainage, and pollution, were judged capable of being mitigated to an acceptable degree through conditions. The use of the building is restricted by condition to the approved medicinal cannabis production purpose.
Development which would adversely affect, or result in the loss of Open Space or a recreation facility
Applications for development will be judged against Recreation Policy 2
Recreation Policy 2: Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances: (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and (b) where there would be an overall com munity gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area. 10.3.6 In the case of residential developments for 10 or more dwellings, the Department proposes to adopt the following general standards (which refer to the area required per 1000 head of population): Recreational Open Space Sports Pitches 1.8 ha Children's Play Space 0.6 ha Amenity Space 0.8 ha 10.3.7 These general standards will be applied having regard to the following circumstances: (i) the size, type, and particular needs of the resident population in question; (ii) the needs of visitors to the area; and (iii) the proximity and availability of existing Open Space, including the foreshore, public glens and parks, and school fields which may be available for public use outside of school hours. More detail is set out in Appendix 6. 10.3.8 The Department has therefore adopted the following policy such as to plan positively for the provision of well-designed recreational and amenity space.
Condition 1
- 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
- 2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the building hereby approved shall not be used other than for the purposes set out and in accordance with the internal layout zoning plan drawing reference 2001.
Condition 3
- 3. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Condition 4
- 4. Prior to the occupation of the building - the road layouts, pedestrian paths, cycle, motorcycle, accessible and visitor parking, cycle shelter/stands, site access road, visibility splays, service yard and vehicle turning areas as shown on drawings 'HMTC 24-007 RSA 1 Proposed new access, 5861-03A Side Road Visibility Splays, 5861-02 Rev C Visibility and Vehicle Tracking, 5861-05A Car Park Access and Egress and 07 Rev 1 Car park Layout', shall be completed ready for use and retained thereafter for their particular use. No obstructions higher than 1m will be permitted within the visibility splay zones for the lifetime of the development. For vehicular road safety objectives.
Condition 5
- 5. The secure cycle and motorcycle parking shown on the approved plan (Dwg 0007 Rev 1) shall be installed before first occupation of the development and retained thereafter.
Condition 6
- 6. Prior to commencement of the development hereby approved the protection measures detailed in the Ecology Mitigation Plan and on drawing number OTP-290823 and section 4.6 of the Arboricultural Impact Assessment, shall be fully installed and implemented and retained for the duration of the construction process, unless otherwise stated. This protection of retained trees and appropriate working methods should adhere to the guidance of British Standard BS5837:2012 - Trees in relation to Design, Demolition and Construction- Recommendations. Within the Construction Exclusion Zone identified there shall be no construction access of any kind; nothing shall be stored, placed or disposed of above or below ground; the ground level shall not be altered; no excavations shall be made; no mixing of cement or other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent.
Condition 7
- 7. No tree to be retained shall be cut down, uprooted or destroyed. In the event that retained trees become damaged or otherwise defective the Department shall be notified as soon as reasonably practicable and remedial action approved in writing by the Department shall be implemented.
Condition 8
- 8. The Bat and bird boxes specified to be installed as the details contained in the Ecology Mitigation Plan (Drawing No. 20003-0005) shall be installed prior to occupation of the building and retained thereafter.
Condition 9
- 9. Mitigation planting and post planting maintenance shall be carried out in accordance with PP-230724 Rev A prepared by Manx Roots Tree Management, submitted in support of the application. Evidence that post planting maintenance and management has been undertaken shall be submitted to the planning authority at the end of the first three growing seasons following implementation.
Condition 10
- 10. No external lighting is to be installed unless in accordance with the details provided by WE - EF Lighting for emergency and exterior lighting, any additional exterior lighting must be submitted to and approved in writing by the Department, and must be in accordance with the recommendations outlined in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023). This should include any lighting in the public domain, including street lights.
Condition 11
- 11. Prior to the occupation of the building hereby approved the Rainwater harvesting tank, porous paving, surface water attenuation pipe and drainage scheme as shown on drawing 251 P1 within the Drainage report shall be completed and retained thereafter.
Condition 12
- 12. Prior to the commencement of any works details of an ecological management and monitoring plan shall be submitted to the Department and approved in writing. The plan will need to incorporate the measures detailed in ecological report from MWT in the document named '2300239B APL Environmental Statement part 3 of 5 section 5.0 Recommendations on page 39 onwards which makes various recommendations regarding beneficial management and Drawing PP-230724 Tree Planting, Drawing 06 Rev 3 Landscape Plan and Ecological Mitigation Plan (Drawing number 05 Rev 3). The plan will need to be secured for at least 5 years post construction and the approved details shall be fully adhered to.
Condition 13
- 13. No development shall take place until the developer has secured the implementation of a watching brief to be undertaken by an archaeologist approved by the Department so that excavation is observed and items of interest and finds are recorded. The watching brief shall be in accordance with a written programme and specification which has previously been submitted to and approved in writing by the Authority.
Condition 14
- 14. Prior to the commencement of any development full details of soft landscaping works incorporating the details contained in the Ecology Mitigation Plan, Landscape concept plans and tree planting plan shall be submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species
