9 October 2024 · Committee
Happy Dog Image Solutions, 4 The Paddocks, Jurby Industrial Estate, Jurby, Isle Of Man, IM7 3bd
The application sought full permission to build Units 3 to 8 on an undeveloped plot within Jurby Industrial Estate, north of Jurby Estate Road and east of the A10 Jurby Coast Road. The site is surrounded by existing industrial units, with a woodland area to the northwest and northeast. Approval in principle was also sought for Units 1, 2, and 9 to 19 for the same range of uses. The key planning issues assessed were the principle of industrial development on this zoned land, visual impact on the wider environment, effects on biodiversity given the adjacent woodland, highway safety and parking provision, and impact on neighbouring amenity. Officers concluded that all parking and manoeuvring could be accommodated within the site, that the woodland did not require specific protective measures as it is already fenced off from the grassland, and that no material harm to public or private amenity would result. The committee agreed with the officer recommendation and granted permission subject to 12 conditions, including a restriction limiting Units 3 to 8 to the approved industrial use classes.
The committee approved the application because the proposals would cause no adverse impact on public or private amenities, no significant harm to highway safety, and no significant adverse effects on site ecology. The site is within an established industrial estate zoned for employment-generating uses, and the development was found to accord with the relevant policies of the Isle of Man Strategic Plan 2016.
General Policy 2 - 'Development Control' considerations
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
Strategic Policy 1 - Efficient use of land and resources
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
Strategic Policy 3 - Development to safeguard character of existing towns and villages
Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (a) avoiding coalescence and maintaining adequate physical separation between settlements; and (b) having regard in the design of new development to th e use of local materials and character. 4.3.4 Most of our built heritage, our countryside, our coastline and our natural environment is of attraction, value and interest. Surveys commissioned by Government on the quality of life and the importance of heritage in the Isle of Man and internationally, have consistently shown that the historic landscape setting of the Isle of Man scores as t he single most significant factor for residents and visitors in supporting the concept of a specific and positive Manx identity. This "heritage identity" is a result of the combination of a rich diversity of historic sites and monuments, historic building s and residential settlements and a specific range of natural history attributes set within a predominantly rural landscape setting which links modern life to a sense of historic legacy and beauty, the retention of which is strongly supported by Government and the resident community. 4.3.5 The landscapes of the Island are very varied, and their nature and variety is the consequence of thousands of years of interaction between the natural and cultural aspects of the Island through human activity within the enviro nment and an innate respect for the natural and historic qualities they represent. 4.3.6 This landscape heritage is more than simply the sum of its parts. The combination of geology, geomorphology, wildlife, archaeology, history, traditional buildings and the natural settings for traditional activities and customs, combine in the rural and built environment to provide an inseparable element of "Manxness". It provides an overarching context which makes the landscapes of the Isle of Man unique and gives them the value which is acknowledged by those who live here and those who visit. The protection and promotion of this element within Manx society is an important element in central Government policy and the Strategic Plan, which both support the view that these v alued characteristics of the Isle of Man be acknowledged and protected for the future from inappropriate development. 4.3.7 This protection will apply to areas of heritage value, to sites of heritage value and to general traditional landscape settings within the Island which are deemed to contribute to the sense of the Island's heritage identity. Heritage landscape value will therefore be a consideration in all aspects of planning, with a view to retaining and enhancing this value wherever possible.
Strategic Policy 6 - Major employment-generating development should be located in existing centres on land zoned for such purposes
Strategic Policy 6: Major employment -generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans. 4.4.2 To maintain a healthy and diverse economy, there needs to be sufficient land available for industrial, office and retail purposes. Accordingly:
Strategic Policy 10
Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement (1) Business Park is defined in Appendix 1 4.6 Social 4.6.1 The provision of an adequate supply of housing to meet the needs of the wider community is essential; this is in addition to the need to replace existing substandard or poor quality dwellings. Therefore;
Business Policy 1 - The growth of employment opportunities throughout the Island will be encouraged
accord with Business Policies 1
Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan. 9.1.3 This chapter concent rates on the land use implications of business activity, including industry, storage and distribution, office and commercial development, retailing and tourism. 9.1.4 In respect of employment land availability, the Department has undertaken and published an Employment Land Availability Study (1). A summary of this is included in Appendix 9. Across the Island there are some 118 hectares of land allocated for industrial development. Much of this is concentrated around Ballasalla and the Airport. There is, however, a spread of land available across the Island to support employment and regeneration opportunities in each area. Such land will be important to support the regeneration of the Service Centres and the Gateway and Employment role of the Airport area. 9.1.5 The Douglas area has seen by far the bulk of the industrial land take up in recent decades and much of the land allocated for such purposes has been taken up. This is why the Department has resolved to proceed with a Development Order for the development of some 20 hectares of employment land to the south of Cooil Road. A recent report on the take up of industrial land in the Douglas area indicates that it has been faster than anticipated and at current rates that all the land will be required by 2015. While the situation will be subject to detailed assessment in the preparation of the Plan for the East, the Department is satisfied that the release of additional land is both necessary and appropriate at this stage. 9.1.6 The Department has also reviewed planning permissions for office development. The majority of these are focused in the Douglas area. Take up has been low in recent years with the exception of certain relocations to corporate headquarters, such as Skandia. There are a number o f sites still available for new office development, in addition to the existing stock. Of note is the recent trend for sites with office consents to subsequently secure planning permission for residential use. The most notable example being the final pha se of the Villiers development, which now has a residential permission in addition to its partly - implemented office consent. 9.1.7 The following information has been extracted from the Review of Economic Strategy (Treasury 2003) which formed part of the background to the Economic Strategy 2004 approved by Tynwald in October that year. (1) Employment Land Availability Study DLGE 2007 9.1.8 The Isle of Man has enjoyed unprecedented economic success in the last ten years. Over this period annual gross domestic product, or GDP (the value of the economy' s output of all goods and services), has more than doubled in real terms (both absolute and per capita) such that from a deficit of around one quarter, per capita GDP in the Isle of Man now exceeds that of the UK by 7% and the average for the European Union (EU 15) by 10%. 9.1.9 The period 1993 - 2000 saw the economy not only expanding but doing so at an accelerating rate, before slowing in 2000/01. Since 2001 the economy has continued to grow at around 5% per annum (the latest national income accounts revealed growth of 5.9% in 2002/03), meaning that, after the recession in the early 1980's the Isle of Man economy has recorded economic growth in each of the last twenty years. 9.1.10 This economic performance has been led by the financial and related se rvices sectors. The finance industry grew by over 80% between 1996 and 2001 alone. But the table below illustrates that probably all areas of Manx economy are today generating more income in real terms than a decade ago, even it the relative importance o f some, most noticeably manufacturing, has declined. Table One - Sectoral Contributions to National Income 1992/93 v 2000/01 (at 2000/01 prices) Contributions to National Income (£) Real Increase in income generated (%) 1992/93 % 2000/01 % Manufacturing 72.0 11 76.7 6 6.5 Finance 229.7 35 505.4 41 120.0 Tourism 41.0 6 67.7 6 65.1 Agriculture/Fishing 11.7 2 15.8 1 35.0 Construction 46.7 7 89.6 7 91.9 Professional Services 96.7 15 186.1 15 92.4 Utilities, Distribution and Miscellaneous Services 133.1 20 223.8 18 68.1 Pubic Administration 34.6 5 53.6 4 54.9 Total 665.5 100 1,218.7 100 83.1 9.1.11 National income data aside, the clearest indication of the economic success enjoyed by the Island in recent times comes from the labour market. Census results show that the workforce increased from 33,189 in 1991 to 39,685 by 2001, an increase almost identical to that in the total resident population over the period. But the number seeking emp loyment but who were unemployed at the time halved from 1,360 to 635. 9.1.12 Changes in the underlying structure of the economy reflected in the national income accounts are further depicted in the Census statistics below showing the distribution of labour between the different sectors of the economy. Table Two - Employment by Sector 1991 v 1996 1991 1996 2001 No. % No. % No. % Agriculture and Fishing 1,240 3.9 938 2.8 543 1.4 Manufacturing 3,348 10.5 3,562 10.6 3,185 8.2 Construction 3,404 10.7 3,372 10.0 2,512 6.4 Utilities1 513 1.6 462 1.4 515 1.3 Transport and Communications 2,437 7.7 2,688 8.0 2,970 7.6 Wholesaling and Retailing 3,844 12.1 3,692 11.0 4,372 11.2 Finance 4,353 13.7 5,942 17.7 8,959 22.9 ICT2 n.a n.a n.a n.a 361 0.9 Professional Services 5,438 17.1 6,081 18.1 7,296 18.7 Tourist Accommodation 856 2.7 765 2.3 743 1.9 Entertainment and Catering 1,403 4.4 1,156 3.4 2,116 5.4 Miscellaneous Services 2,849 9.0 2,768 8.2 2,373 6.1 Public Administration 2,144 6.7 2,146 6.4 3,105 8.0 Total 31,829 100.0 33,5773 100.0 39,050 100.0 Notes: 1 Electricity, gas and water 2 Not separated out from other sectors until 2001 3 Includes 5 where occupation not recorded 9.2 Industry and Storage and Distribution 9.2.1 The nature of industrial activity on the Island changed very considerably during the last century. The previously dominant primary industries of fishing and agriculture now contribute only 1% to the Gross Domestic Product (GDP) and provide only 1.4% of our total employment, whereas manufacturing contributes 6% to the GDP and provides 8.2% of our employment, and the construction industry contributes 6% to the GDP and provides 6.4% of our employment. Storage and distribution has also become a more important activity, particularly in terms of the demands it makes on land, buildings, and access requirements. 9.2.2 Most of the Island's industry is located close to major transportation links, particularly in the case of Douglas, Braddan and Ballasalla, which all have convenient access to Ronaldsway airport and Douglas harbour. Ramsey and Peel harbours are used for the importation and exportation of large scale good s (fuel, building supplies etc). All of these are conveniently accessible to significant pools of labour. In order to minimise excessive transportation of goods and travel for employees, and to promote sustainable development, much of the Island's future industrial development should continue to be concentrated in these locations, and appropriate areas of land should be made available for such uses in the Area Plans for these parts of the Island. It will also be appropriate, when formulating Area Plans for our smaller settlements, to make provision for the continued operation of small -scale family businesses, particu
Business Policy 2
Business Policy 2: Land for industrial development should be designated in all parts of the Island, having regard to: (a) scale, which should be appropriate to the area; (b) the availability of public transport links; (c) the proximity of labour; and (d) the availability of water, sewerage and other utilities 9.2.3 Industrial buildings are defined as follows: "industrial building" means a building (other than a building in or adjacent to or belonging to a quarry or mine and other than a shop) used for the carrying on of any process, for or incidental to any of the following purposes, namely:- a) the making of any article or of part of any article; or b) the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or adapting for sale, or breaking up or demolition of any article; or c) without prejudice to the foregoing para graphs, the getting, dressing or treatment of minerals; being a process carried on in the course of trade or business other than agriculture, and for the purposes of this definition the expression "article" means an article of any description, including a ship or vessel. Such buildings are sub -divided into light i ndustrial, general industrial and special industrial buildings, each defined as follows: "light industrial building" means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are s uch as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles; the use of lig ht industrial buildings for research and development of products or processes is permitted by the Town and Country Planning (Permitted Development) Order 2005. "general industrial building" means an industrial building other than a light industrial building or a special industrial building; "special industrial building" means an industrial building used for the carrying on of processes (including storage) which may be particularly offensive by reason of noise, smell, vibration, smoke, soot, ash, dust, g rit, or fumes, or dangerous by reason of the storage or use of dangerous or inflammable material, or inimical to public health by reason of vermin or other causes. Many I.T. and e -businesses successfully operate in the new generation of industrial buildings. At the same time many operate successfully in standard office environments or even heritage buildings. In planning terms the principal distinction is between those enterprises that manufacture physical products and require production, packaging and distribution space and those enterprises whose products, as such, do not have the same processing requirement. In most cases the former enterprises can be located in appropriate industrial estates or business parks (1) in a range of different buildings. In the latter, office type accommodation may be now appropriate. (1) Business Park is defined in Appendix 1
Transport Policy 7
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
Condition 1
The development of Units 3 - 8, as shown on Drawing No. 22/02/PL05 hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
The development hereby approved for (Unit 3 - 8) shall not be occupied or operated until the means of vehicular access, means of access for pedestrians and/or cyclists, and parking and turning areas have been constructed in accordance with the approved plans (Drawing No. 22/02/PL05) and shall thereafter be retained for access purposes only.
Condition 3
The development shall not be occupied or operated until the secure and covered bicycle area, and Bin Storage Area has been provided in accordance with the approved plan (Drawing No. 22/02/PL05). The secure and covered bicycle/Bin storage areas shall be retained at all times thereafter.
Condition 4
Notwithstanding the details that have been submitted, the development hereby approved shall not commence until a detailed landscaping scheme in association with units 3 to 8, has first been submitted to the Department in writing to be agreed.
Condition 5
No external lighting is to be installed to the northwest elevation of Units 3 to 8 unless in accordance with a detailed external low level lighting scheme which 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).
Condition 6
Prior to the commencement of the development hereby approved, details of bat and bird boxes to be installed on the on the back of the industrial units 3 to 8 (west elevation) facing the woodland, shall be submitted to and approved in writing by the Department.
Condition 7
Prior to the commence of works of the unit/s a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs of Units 3 to 8, shall be submitted to and approved in writing by the Department.
Condition 8
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 Units (3 to 8) shall not be used other than for Class 2.1 - Light industrial and/or Class 2.2 - General industrial and/or Class 2.4 - Storage or distribution and for no other purposes.
Condition 9
Application for approval of the reserved matters for Units 1, 2 and 9 to 18 shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Condition 10
As part of any Reserved Matters application for Units 1, 2 and 9 to 18, full details of the following are required;
Condition 11
No unit within Units 1, 2 and 9 to 18 shall be occupied until the means of vehicular access, means of access for pedestrians and/or cyclists, and parking and turning areas have been constructed in accordance with details to be submitted via Condition 9, and retained as such thereafter.
Condition 12
Notwithstanding the details that have been submitted, this approval hereby granted is only for the layout of Units 3 to 8 as shown on Drawing. No. 22 02 PL05 - Site Demarcation Plan, and does not in any way serve as approval for the layout and scale of Units 1-2, and 9 to 18 which will be the subject of a Reserve Matters application to address matters of siting, design, external appearance, internal layout of buildings, site layout, drainage, landscaping, means of access not particularised in this application.
Approval in principle for construction of factory complex within the broader site area
The Creation of twelve light industrial units with associated car parking, landscaping and drainage
Erection of industrial unit and office accommodation with associated store and display area to exhibit timber sheds
Erection of detached building to provide 4 industrial units with associated parking
Erection of a factory unit
Erection of a factory unit with associated car park
Erection of factory unit with associated services, car parking, landscaping, fencing and construction of an access road