DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Applicant: Jurby Paddocks Limited Proposal Construction of light industrial (Class 2.1) general industrial (Class 2.2) and storage and/or distribution (Class 2.3) to units 3 to 8 and Approval in Principle for units 1, 2 and 9 to 19 for light industrial (Class 2.1) general industrial (Class 2.2) and storage and/or distribution (Class 2.3) Site Address Land At The Paddocks Jurby Industrial Estate Jurby Isle Of Man Case Officer : Paul Visigah Photo Taken: 12.09.2023 Site Visit: 12.09.2023 Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 18.09.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 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.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 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. Reason: In the interests of highway safety.
C 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.

Reason: In the interests of the appearance of the development and of the amenities of the area, and to promote sustainable travel in the interests of reducing pollution and congestion.

C 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.

The scheme shall include a detailed landscaping layout, details of planting including plant sizes and proposed numbers/densities, site levels, as well as a programme for the implementation.

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 or the occupation of any unit, whichever is the sooner. 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.

Reason: To ensure the provision of an appropriate landscape setting to the development, in the interests of enhancing the biodiversity of the environment.

C 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). This should include any lighting in the public domain, including street lights. Reason: In the interests of biodiversity of the site/area.
C 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. Any plan provided shall show the location, number and type of box/brick/structure to be provided. The development shall not be carried out other than in accordance with the approved plan. Reason: To provide adequate safeguards for the ecological species existing on the site.
C 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. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
C 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.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.

C 9. Application for approval of the reserved matters for Units 1, 2 and 9 to 19 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. Reason: To avoid the accumulation of unimplemented planning approvals.
C 10. As part of any Reserved Matters application for Units 1, 2 and 9 to 19, full details of the following are required;

o siting;
o design;

o external appearance of the building[s];
o internal layout;
o landscaping of the site;
o the surface treatment of any roadways and other parts of the site which will not be covered by buildings;
o plot access arrangements;
o Low level lighting plan;
o internal pedestrian and vehicle arrangements;
o parking and servicing arrangements; and
o details of surface water and foul drainage. Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.

C 11. No unit within Units 1, 2 and 9 to 19 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. Reason: In the interest of Highway Safety and provide access to each development phase.
C 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 119 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.

The Proposed Elevation drawings (Drawing. No. PL02) and Site Plan (Drawing. No. 22-02-PL01 B) which provides elevation drawings and Floor plan details are only applicable to Units 3 to 8, and not the Approval in Principle components of the application (for Units 1-2, and 9 to 19).

Reason: To ensure proper control of the development and to reflect the information provided in the application, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

This application has been recommended for approval for the following reason. Overall, it is considered that the proposals would have no adverse impact upon public or private amenities, and would not result in significant adverse impacts on highway safety and site ecology. The proposals are, therefore, considered to accord with Business Policies 1 and 2, Strategic Policies 1, 3, 6, and 10, Transport Policy 7, and General Policy 2 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to the following documents and plans:

o Drg. No. B212LS 01 - Topographical Survey;
o Drg. No. PL02 - Proposed Elevations; and Received 25 Aug 2023;
o Preliminary Ecological Assessment prepared by Geoff Womersley, BUD Ltd. and dated October 2023;
o Drg. No. 22-02-PL01 B Site Plan, Both received 4 Jun 2024;
o Covering Email; and

o Drg. No. 22 02 PL05 - Site Demarcation Plan Received 5 September 2024

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

Owners/occupiers of 6 The Threshold, Jurby, (on behalf of Northern Fuels), as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. ________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE COMMITTEE AS WOULD CREATE ADDITIONAL NEW INDUSTRIAL FLOORSPACE OF MORE THAN 500SQM BUT LIES IN AN AREA NOT DESIGNATED FOR INDUSTRIAL USE

1.0 THE SITE - 1.1 The site is an undeveloped piece of land which lies within Jurby Industrial estate to the north of the Jurby Estate Road and east of the A10 Jurby Coast Road. The site is surrounded by existing industrial units, albeit to the northwest and northeast of the site is a woodland area. An industrial unit (Unit 2, Jurby Industrial Estate) sits directly east, while a block of industrial units sits directly southwest. This woodland area sits about

2.0 THE PROPOSAL - 2.1 Planning approval is sought for construction of light industrial (Class 2.1) general industrial (Class 2.2) and storage and/or distribution (Class 2.3) to units 3 to 8 and Approval in Principle for units 1, 2 and 9 to 18 for light industrial (Class 2.1) general industrial (Class 2.2) and storage and/or distribution (Class 2.3). - 2.2 Details of Full Approval:

2.2.1 Proposed Units 3 to 8

2.2.2.1 These units are proposed to be erected as a full application and would be erected as a block of industrial units measuring 36.7m x 16.4m. This block would be 6.1m tall (4m from ground level to the eaves), have a pitch roof over with 12 roof lights installed on its front and rear roof plane, six on each roof plane. Each Unit would have a total floor area measuring 6m by 15.8m (94.8sqm). This is depicted by the hatched area on the Proposed Site Demarcation Plan (Drawing No. 22/02/PL05).
2.2.2.2 There would be a roller shutter door 3.6m x 3m and a pedestrian access door on the front of each unit. All the units would provide for a WC that would be suitable for disabled users. The buildings would all be finished externally (roof and walls) in Insulated Wall & Roof Cladding Panels. Rooflight panels are to be TP(A) Rigid Class 1 rated.
2.2.2.3 About 17 parking spaces are to be provided within the application site (fourteen in front of the units), and three parking spaces for disabled parking. A bin area is to be provided at the rear of Units 16 to 18. A covered cycle storage area is to be provided southwest of the bin storage area. The total site coverage of the proposed development would be over 90 percent. The car parking areas and road are to be finished in concrete hardstanding.

2.2.2.4 The units would sit about 1.5m from the edges of the woodland to rear elevation of the units. No trees are proposed to be removed to facilitate the development.

2.2.2 Proposed Access to site (Main Access) Proposed within the full application is the main access which would be about 7.5m wide, and feed into the existing driveway which serves the existing units that exist on this part of the estate. This access would link to a new internal road that would be about 7m wide, and that would terminate in a cul de sac at the end of the proposed unit. A new pedestrian access (walkway)/cycle route about 1.3m wide would run along the new road, terminating at the northern end of the new cul de sac.
2.3 Approval in Principle is also sought for the remainder of the site with all matters reserved (with the exception of the main access). The reserved matters would include matters of siting, design, external appearance, internal layout of buildings, site layout, drainage, landscaping, means of access not particularised in the application (this is the access to the individual units, not the main access).

2.3.1 Whilst indicative layouts, elevations and potential siting has been shown on the site plan and submitted elevation drawings, the proposals do not included full details of the proposed buildings design, parking areas or landscaping. These matters would be dealt at a future Reserved Matters state. As such, none of these would be assessed within the current application.

2.4 The application is supported by a Preliminary Ecological Assessment prepared by Geoff Womersley, BUD Ltd. and dated October 2023, which states the following:

o "This 0.5 ha patch of grassland is zoned for industrial uses as part of the Jurby airfield industrial estate, in the North and West Area Plan (ref). However it is the same grassland type

as the Jurby Airfield Area of Special Scientific Interest. This is species-rich neutral (mesotrophic) grassland described as MG5, dominated by common bent grass (Agrostis capillaris) and knapweed (Centaurea nigra).

o Much of this grassland at Jurby Airfield has been lost in the last 20 years, through development and changes in management associated with change of use.
o Three areas of grassland were surveyed as they were under different conditions of management; recently mown, unmown and an area adjacent to the proposed site, growing in
open blockwork paving (marked on Figure 1 as "concrete grid"). The plant diversity of each differed. The richest was the open blockwork paving, but the other two areas were also high in plant diversity.
o The area is protected by a relatively recently planted shelterbelt of Scots pine and broadleaved trees. These trees are responsible for the bird diversity on this area, providing nesting sites, food and shelter. In order to minimise loss of biodiversity this report recommends:
o That as much diverse grassland as possible is maintained undisturbed, within the constraints of the Highways Office requirements,
o The spreading the existing pile of enriched topsoil on the site is avoided, and
o No conserved grassland is covered by newly excavated top soil.
o That as much as possible of the diverse flora can be maintained by use of open blockwork paving in the proposed development (e.g. parking spaces). This meets sustainable urban drainage (SUDS) criteria, allowing natural soakaway and well as rich biodiversity,
o Areas of bare soil are left to regenerate native grassland between/beside parking areas, avoiding seeds mixes and reducing the area of concrete.
o A corridor is retained between the buildings and the shelterbelt, to protect tree roots and keep openness for flowering and fruiting shrubs.

If the objective is to deliver biodiversity gain it is recommended that the development site can be enhanced by such measures as;
o Attaching durable bird nest boxes on the back of the units for such species as blue tits, great tits and starlings, and
o Attaching house martin nesting cups to the front of the units."

2.4.1 "5.4 Fungi Although 4 species were recorded, two of which contribute to a grassland scoring system for conservation value5 this was not a comprehensive survey."

3.0 PLANNING POLICY - 3.1 Site Specific:

3.1.1 The application site is within an area designated as "Airfield" identified on the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area or flood prone area. The site is largely not prone to flood risks, although the main entrance to the site sits within an area prone to high surface water flood risks. There are no registered trees on site, and the site is not within a registered tree area. The site is also not within a designated area for ecological conservation.

3.2 Isle of Man Strategic Plan 2016:

3.2.1 Given the nature of the application and the history of approval for industrial development in this area, it is appropriate to consider the following planning policies:

a. General Policy 2 - 'Development Control' considerations.
b. Strategic Policy 1 - Efficient use of land and resources.
c. Strategic Policy 3 - Development to safeguard character of existing towns and villages.
d. Strategic Policy 5 - Design and visual impact.
e. 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.
f. Strategic Policy10 - New development should be located and designed such as to promote a more integrated transport network with the aim to: minimise journeys, especially by private car; make best use of public transport; not adversely affect highway safety for all users, and encourage pedestrian movement.
g. 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.
h. Business Policy 5 - On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution.
i. Transport Policy 4 - Highway Safety.
j. Transport Policy 7 and Appendix A.7.6 - Parking Provisions:

Light industrial - 1 space per 30 square metres nett floor space.
General industrial - 1 space per 50 square metres gross floor space.
Storage and distribution - 1 space per 100 square metres gross floor space.

k. Community Policy 10 - Proper access for firefighting appliances
l. Community Policy 11 - Prevention for the outbreak and spread of fire.
m. Infrastructure Policy 5 - deals with water conservation and Management within development proposals.
n. Energy Policy 5 - Requirement for Energy Impact Assessment.
o. Paragraph 9.2.7: "Where industrial development is proposed, it is essential that all parking and manoeuvring by vehicles which will be generated by the use of the site can be accommodated within the site and off the highway. This is particularly important within industrial estates where lack of parking and manoeuvring space can create significant difficulties for other estate users, particularly where the use of large and articulated vehicles is involved. Where mezzanine levels are proposed after a building has been completed, the Department may require more parking

space to accommodate the additional traffic which would be generated. The standards of parking provision which will be required are set out in Appendix 7."
p. Strategic Objective 3.3 Environment: "(b) To protect, maintain and enhance the built and rural environment (including biodiversity)."
q. Environment Policy 3 - Seeks to prevent unacceptable loss of or damage to woodland areas.
r. Environment Policy 4 - Protects biodiversity (including protected species and designated sites).
s. Environment Policy 5 - Mitigation against damage to or loss of habitats.
t. Environment Policy 22 - Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties.

- 4.0 OTHER MATTERIAL CONSIDERATIONS - 4.1 JURBY VILLAGE STUDY

4.1.1 The site is zoned as an area for industrial use on Figure 4 within the document. This is, however, not a policy document but provides guidance as to the direction of future development within the Village.

3.2.2 Paragraphs 3.11 to 3.14: "3.11 Industry The industrial estate lies at the north-western corner of the airfield and currently accommodates around 40 buildings of varying ages, sizes, designs and uses. Planning approval has also been granted in principle for the development of a factory unit in the area between the north-western end of the estate and the A10 highway (P. A. 89/1937) although this approval has now expired. Around half of the existing buildings/plots are used for industrial purposes and a smaller number for purely retail purposes. The remainder are either vacant or being used for storage. Many of the retail outlets are unique to the Island and act as an attraction for the village for residents and tourists alike.

3 .12 The estate is owned and managed by the D. L. G. E. and each building is leased out by them.

13 Development within the industrial estate tends to occur whenever there is an unoccupied base or plot. At the moment the estate is well used, both by tourists and people visiting the various second-hand and craft shops within the estate and also by the various industrial operators who have premises on the site - many of whom involve the use of heavy wagons for deliveries. There is, as a result of this mix of industrial and retail/commercial uses a conflict between different types of traffic - pedestrian and vehicular exacerbated by a lack of clear signposting.

3.14 It is proposed to formulate a phased programme of redevelopment of the industrial estate, incorporating improvements in access and traffic circulation, segregating of conflicting uses and redevelopment of the units themselves where appropriate. It can be seen from figure

5 that the retail-oriented uses tend to be located towards the northern end of the estate. It is suggested, therefore, to reinforce this by constructing a number of new units in the vicinity of the hanger 229."

3.2.3 Paragraph 3.21: "3.21 The area currently occupied by the industrial estate - approximately 39 acres at the northern end of the airfield - incorporating the 4.5 acres permitted in principle shall be rezoned from 'Airfield' to 'Mixed Uses' use. This zone will incorporate a variety of uses - both light and heavy industry, retailing as defined in paras. 4.8 - 4.12, storage, office accommodation as defined in paras 5.4 - 5.9 and purposes ancillary to the use of the airfield for aviation-related, sporting or leisure purposes.
3.2.4 Paragraph 3.24:

"3.24 A programme of new build in conjunction with the removal of substandard unsightly structures shall be formulated, incorporating areas of landscaping and car parking. It is suggested that provision should be made as a priority, for the relocation of non-conforming uses currently operating outside the estate (para. 2.35, 3.20, 4.5, 4.12)."

4.2 ISLE OF MAN GOVERNMENT EMPLOYMENT LAND REVIEW 2015 (Amended January 2017)

4.2.1 Supply of Employment Land and Floorspace Employment floorspace has been reviewed through GIS, rating information and validation by local agents. There is 578,000sq m of industrial, commercial and distribution floorspace across the Island. Again, much of this (78%) is in the East. There is approximately 224,000sqm of office floorspace, 85% of which is in Douglas town centre with a further 13% elsewhere in Douglas or in nearby Business Parks. The South provides 25% of the Island's industrial floorspace and nearly 20% of its distribution capacity reflecting proximity to ports and trade gateways.

Of the 276ha of allocated land, a third is available for existing, new or expanding businesses. Land availability has increased in the South, North and West since 2012, while remaining relatively constant in the East.

4.2.2 Market Commentary Demand for industrial and distribution floorspace is also focused in Douglas and the East where access to labour, transport links and road networks are better developed and where the majority of employees and customers live. Demand for industrial units has been resilient with the majority of premises on estates occupied and trading.

Demand expressed to agents is generally for smaller units, while inquiries to DED have generally been for larger premises. An estimated 4,645 sq.m is taken up annually; this is expected to increase with the on-going development of aerospace and other high value manufacturing sectors.

4.2.3 Paragraph 2.7: "Douglas and its surrounding area is the focus of business and employment activity, with Castletown, the Airport/Freeport, Peel, Ramsey and Jurby identified as other major employment areas."

- 4.3 IOM BIODIVERSITY STRATEGY 2015 TO 2025

4.3.1 The strategy seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary. Section 21 deals with Habitat loss actions through promoting a policy of 'no net loss' for seminatural Manx habitats and species and to ensure that unavoidable loss is replaced or effectively compensated for.

4.4 Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations.

5.0 PLANNING HISTORY 5.1 The site area has been the subject of the following previous planning applications which are considered to be specifically material in the assessment of the current application:

5.2 Approval was granted under PA 89/01937/A for Approval in principle for construction of factory complex within the broader site area which encompasses the site. This was approved by the Planning Committee on 27 April 1990.

5.3 The Creation of twelve light industrial units with associated car parking, landscaping and drainage under PA 06/01265/B - APPROVED. This application has been implemented by the construction of four of the twelve units, and 18 car parking spaces have been created all to the west of the application site. A total of 48 car parking spaces were proposed for this development on the basis of 1 space per 30sqm (light industrial units - a total combined floor area of 1430.4sqm - which includes the optional mezzanine). Units 2 and 3 which were to be erected on the site of the current application, together with their parking provisions were not implemented.

5.4 PA 14/00773/B for Erection of industrial unit and office accommodation with associated store and display area to exhibit timber sheds was submitted for a site area situated within the site of the current proposal but deemed withdrawn on 31st October 2014. - 5.5 The following planning application which were proposed for sites adjacent the site area of the current application are also relevant for consideration:

5.5.1 A proposal for the Erection of detached building to provide 4 industrial units with associated parking under PA 19/00656/B was refused by the Planning Committee on the following ground: "R 1. The proposal would be contrary to Transport Policy 7 of the Isle of Man Strategic Plan 2016 given the lack of parking provision being provided within the site."
5.5.2 PA 12/00015/B for the Erection of a factory unit was APPROVED by the Council of Ministers in April 2012.
5.5.3 PA 10/00587/B for Erection of a factory unit with associated car park was APPROVED by the Council of Ministers in August 2010.
5.5.4 PA 05/00243/B for Erection of factory unit with associated services, car parking, landscaping, fencing and construction of an access road was APPROVED by the Planning Committee in July 2005.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.1 DOI Highways Services have made the following comments on the application (5 June 2024):

o They state that the applicant appears to have addressed the comments made by HDC
on the application dated 25 Aug 2023 in that the parking proposed meets Strategic Plan standards in terms of numbers, a designated cycle/pedestrian route is provided within the site, bin store and cycle parking is provided, and the site layout is suitable to accommodate large vehicles and front service areas for each unit.
o In terms of traffic impact, they note that the surrounding road network can accommodate the proposed trips to/from the site as the development is in an industrial area and the site has been proposed for industrial units for some time.
o Accordingly, they do not oppose (DNOC) the application subject to vehicle access roads, vehicle turning areas, unit service areas, vehicle parking spaces, bin store area and covered secure cycle parking, shown on the approved plans, shall be implemented before first
occupation of the units.

6.2 DOI Highways Drainage have stated that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. They note that the applicants shall demonstrate

compliance with the above clauses, and that no surface water will be discharged onto the public highway (18 June 2024).

6.3 The DEFA Ecosystem Policy Team have made the following comments on the application:

6.3.1 Comment received on 3 June 2024:

o They note that on review and looking at aerial photographs, they believe that specific protect measures for the adjoining woodland probably aren't required because the woodland is already fenced off from the grassland.
o They request that a condition is secured for no permanent external lighting to be installed unless a sensitive low level lighting plan has been submitted to Planning and approved in writing.
o They encourage the applicants to consider installing bat and bird boxes on the back of the industrial units facing the woodland, as part of the detailed application for units 1, 2 and 9 to 19.

6.3.2 Comment received on 5 June 2024:

o They confirm that Elizabeth Charter, Island Biodiversity Consultant's (IBC), Preliminary Ecological Appraisal Report for the Jurby Paddock is all in order and that a suitable level of assessment has been undertaken.
o They note that the IBC found that despite former uses of the site, the grassland where units 3 to 8 (full application) and units 1, 2 and 9 to 19 (approval in principle) are located is rare species-rich neutral grassland, MG5, dominated by common bent grass (Agrostis capillaris) and knapweed (Centaurea nigra).
o They state that the IBC's main mitigation recommendation was for the retention of as much grassland as possible. However, contrary to these recommendations, 95% + of the grassland on site is to be lost to facilitate the new industrial units.
o They acknowledge that this site is zoned for Industrial Use in the Jurby Village Study, but state that applications for development must still comply with Strategic Policy 4, whilst noting that this application is contrary to these policies as it will damage locally important habitats and lead to a net loss for biodiversity on site.
o They request clarity on matters relating to proposed roadways, landscaping, hardstanding and car parking for the entire scheme
o They state that they would potentially be prepared to accept the loss of the species-rich grassland under units 3 to 8. However, this would be on the basis of a significant change to the site layout and number of units at the detailed application stage for the rest of the site, which allows for the retention of greater levels of species-rich grassland, whilst requesting that an ecological mitigation plan will need to accompany the detailed application.
o They object to the application until such as time as the requested additional information has been provided.
o They suggested a number of conditions which should be applied should approval be granted.

6.4 The Department for Enterprise have made the following comments on the application (28 June 2024):

o They state that as the application does not contain economic information, or details around prospective use, it is difficult to make any meaningful comment on those aspects of the proposal.
o They note that the proposal offers a level of flexibility given the options to take on multiple units to accommodate a variety of business uses.
o They state that the proposal would address issues of demand for units under 10000sqft (930sqm).
o They state that the proposals represent substantial investment in the islands economy which would also play an important part in supporting the development of a strong and diverse

economy, which is substantial, ambitious, and built on firm foundations to provide economic success.

6.5 Jurby Parish Commissioners have raised concerns regarding the following issues (3 October 2023):

a. The numbering of the new units appears to duplicate numbers already in use.
b. There does not appear to be sufficient parking provision.
c. Are there any restrictions on usage of units?

6.6 The owners/occupiers of 6 The Threshold, Jurby, (on behalf of Northern Fuels which sits east of the site), object to the application on the following grounds (16 April 2024):

o They feel that to grow Jurby, more retail units, NOT industrial are needed.
o They state that the person putting the plans forward hasn't shown that they would be willing to rent the units out at a reasonable rate.
o They note that priority should be given to encouraging more retail units that are aesthetically pleasing to the eye, whilst noting that this would be more encouraging to the local producers/retailers.
o They state that Jurby cannot and should not be just INDUSTRIAL units.

- 7.0 ASSESSMENT

7.1 The main issues to consider in the assessment of the application are:

a. The principle of the proposal (SP6, BP1, & STP 1);
b. Visual impact/impact on the wider environment (GP2 b, c & f, STP 3);
c. Impacts on Biodiversity (GP2, EP 4, 5 & STP 4);
d. Impact on the highways and parking (TP7, GP2 h & i, SP10); and
e. impact on the neighbouring amenity (GP2g & EP 22)

7.2 THE PRINCIPLE (Full Application)

7.2.1 In assessing the principle of the proposed development, it is noted that the site is designated as an Airfield use, rather than industrial use, on the Development Plan. It is also noted that the estate has been in place for a significant time, with there being history of approvals granted for the erection of industrial buildings, and use of a significant number of the sites here for industrial purposes.

7.2.2 Likewise, it has been established (as noted in the site history details), that the site and surrounding sites are acceptable as industrial sites, with the decision by a number of Planning Inspectors clearly detailing why industrial development should be accepted at the estate. Moreover, Jurby is designated as a "major employment area" in the Strategic Plan (See Paragraph 4.4.1 of the Strategic Plan), which would mean that it would be suitable for the proposed general industrial and storage use. It must be noted that the proposal would benefit from easy access to labour which is now attracted to the site as one of the key employment areas in the north of the island, with the location also benefiting from an integrated transport network that would further ensure the proposed development and subsequent industrial use aligns with the goals of Strategic Policy 6, whilst the proposal would also retain employment opportunities to this area and align with the goals of Business Policy 1. Thus, in terms of the economic benefits, it is clear from the submission that the proposal would create some job opportunities in a variety of different skilled and non-skilled roles which can only be a benefit to the IOM economy and its residents.
7.2.3 The sites proximity to major public transport corridors in this area where labour from other parts of the north of the island could easily be moved to the area would further ensure that the use of the site for industrial purposes is in accordance with SP6.
7.2.4 Further to the above, the use of the site for industrial purposes (which includes light industrial, general industrial, and storage and distribution) clearly aligns with the previous

approval granted for the erection of light industrial units on the site, which was partly implemented. This has been clearly articulated in section 4 of this report.
7.2.5 The size of the individual units are also appropriate for their specific purpose in terms of size, height, and this would facilitate their uptake, which would ensure that the supply conforms with the Market Commentary within the Isle of Man Government Employment Land Review 2015 document. Besides, the design of the building is such that would be considered to be of high quality and functional.
7.2.6 Based on the foregoing, it is considered that the application would align with the established use of the area, even though it does not conform to the zoning within the 1982 Development Plan. It is also argued that the proposed industrial development on the site would be in keeping with the dominant use of the estate, and facilitate the use of this part of the island that has been considered suitable for employment generation. Therefore, it is judged that the development of the site as proposed would be broadly acceptable in principle. This is however not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if the scheme as proposed for the site is appropriate.

- 7.3 VISUAL IMPACT/IMPACT ON THE WIDER ENVIRONMENT

7.3.1 In terms of visual impacts of the development on the sit and surrounding area, it is noted that the proposed development would feature a modern building (with several units) designed specifically for industrial/storage and distribution use and finished in a functional appearance to reflect the character of most of the new industrial units that exist within the Jurby Estate.
7.3.2 Another factor that bodes well for the scheme is the fact that the trees on the boundary of the broader site area would be retained, such that the green corridor which confines the site area and limits view from the A 10 and A 14 would be retained. The retention of this green corridor would be a positive for the site area, as it would create a pleasant surrounding environment. Likewise, there would be limited public views of the site from the main estate road and the adjoining highways (A10 and A14), given that the new industrial blocks would be situated at the back of existing blocks where views through the new access would be somewhat constrained limiting views from the highway, and as the trees on the boundary would be retained.
7.3.3 In addition, the scale of the development which is only for Units 3 to 8 would be proportionate to the site area, as it would easily be integrated on site whilst allowing room for future landscaping, as well as the integration of other buildings and hardstanding areas for a well-considered scheme, such that a proportionate balance can be created between the industrial buildings, parking and hardstanding area provisions, and landscaping, as is obtainable

at the other nearby industrial built groups. Therefore, it is considered that the scheme as proposed, which would mainly feature units 3 to 8, would respect the character of this part of the estate.

7.3.4 The above would ensure that the scheme as currently proposed would make a positive contribution to the wider environment in accordance with SP5. This assessment, however, does not factor in other blocks that may/would be erected within the site as Reserved Matters, given that these would be assessed when full details are submitted, with any assessment taking into cognisance the visual impacts current proposal to erect Units 3 to 8 would have, together with any new units proposed.

7.3.6 On balance, it is considered that the design, finishing, and layout of the individual units would be acceptable, the scheme proposed would be in keeping with the broader industrial area, as the quantum of built development (buildings and all hardstanding areas), and layout of

the site to integrate units 3 to 8, would respect the character of the site and surrounding estate.

- 7.4 BIODIVERSITY IMPACTS

7.4.1 In assessing the impact of the proposed scheme on the ecology of the site, it is noted that the site is covered entirely in a specie rich grassland which accounts for 3.86 percent of the island's semi-natural habitat and 1.12 percent of the islands area, and is therefore a very rare Manx habitat. However, it must be noted that the site is not within an ASSI or a designated conservation site, where protection must be afforded as required by Environment Policy 4 (c). Furthermore, the site is not adjacent an Areas of Special Scientific Interest and other designations, where protection must be afforded as required by Strategic Policy 4 (b).

7.4.2 Notwithstanding the designation of the site, it is noted that the site supports flora which attracts diverse associated fungi, invertebrates, and birds, which makes it a viable habitat for existing fauna. As such, it would be important that the development of the site provides some measures to enable the integration of elements of these flora on site, and it is considered that the scale of development proposed within Units 3 to 8 would allow for sufficient room on site to support a viable landscaping plan that would support such a goal, whilst allowing for future integration of a carefully considered scheme to provide for additional industrial units on site.
7.4.3 The comments provided by the DEFA Ecosystem Policy Team which noted that 95% + of the grassland on site is to be lost to facilitate the new industrial units, whilst seeking clarity on matters relating to proposed roadways, landscaping, hardstanding and car parking for the entire scheme, is noted, and this requires clarity. On this issue, it would be vital to state that the clarity sought was offered by the applicants, with the additional information provided clarifying that only units 3 to 8, and the parking areas/associated hardstanding was to be considered within the current scheme, such that any future attempts to develop other sections of the site would have to provide for the loss of the existing rare habitat o site via suitable landscaping. Based on the foregoing, it is not considered that the scheme as proposed would conflict with the principles promoted by Environment Policy 4, Strategic Policy 4(b) and General Policy 2 (d) of the Strategic Plan, particularly as the site is not a protected site or situated adjacent a protected site.
7.4.4 Accordingly, the proposal development is considered to align with Environment Policy 4, Strategic Policy 4 (b) and General policy 2(d) of the Strategic Plan.
7.5 PARKING PROVISION/HIGHWAY SAFETY

7.5.1 This application provides 17 parking spaces of its own. This provision would be sufficient for the proposed number of units and the total floor area to be created at 601.88sqm (approx.), given that the units would serve a mix of uses. This is based on the fact that the units would serve light industrial, general industrial, and storage/distribution purposes, with the Strategic Plan requiring the standard of 1 parking space per 50 square metres gross floor space (for General industrial use), 1 space per 100 square metres gross floor space, and 1 space per 30 square metres nett floor space.

7.5.2 In evaluating the parking needs for the 601.88sqm of floor area proposed, 12 parking spaces would have been required for General industrial use, 6 parking spaces would have been required for Storage/Distribution, while 20 parking spaces would have been provided for light industrial use. Given that the units are not particularly designated for any specific use, it is noted that there would be a mix of the uses at various proportions or combinations for which the 17 spaces provided on the site would still be appropriate.
7.5.3 Granting there would be a shortfall of about 3 parking spaces should all the units be used for light industrial use, the scheme also provides for general industrial use which would have an excess of 5 parking spaces, while the Storage/Distribution use would result in an excess of 11 parking spaces, such that these would make up for the shortfall for light industrial

use, given the proposal is for a combination of uses. As such, it is considered that the available parking provided would be sufficient for the proposed development, ensuring that the development complies with Transport Policy 7 and General Policy 2 (h).
7.5.4 Furthermore, the advice offered by DOI Highway Services confirms that they do not oppose the application subject to vehicle access roads, vehicle turning areas, unit service areas, vehicle parking spaces, bin store area and covered secure cycle parking, shown on the approved plans, are implemented before first occupation of the units, which indicates that the scheme as proposed is acceptable from the DOI Highways Perspective.
7.5.5 As a consequence, it is considered that the provision of parking for the development would be appropriate for the site, meeting the requirements of Transport Policy 4 and 7, and it is also considered that the proposal would satisfy the requirements of Transport Policy 6 and elements of General Policy 2 (h), given that provision has been made for the safety of pedestrians within the scheme via the provision of a designated pedestrian access, and this weighs in favour the proposal.
7.6 IMPACT ON ADJACENT PROPERTIES

7.6.1 With regard to impact on nearby properties, it is considered that the nearest industrial building (Rotech) is situated approximately 6.8m south of the proposed units (development area). However, these neighbouring industrial units do not have any windows to the rear, with the proposed unit also situated north of these neighbours where overshadowing is expected to be diminished due to the path of the sun. As such, it is not considered that overbearing impacts and loss of light would be an issue in this case.

7.6.2 The other neighbouring buildings situated west and southeast positioned further away and also have no windows on the elevation bordering the proposed industrial blocks, and as such it is not considered that there would be any impacts on these buildings. Besides, there are no windows on the side elevation of the units which offer only ground floor level and as such it is not considered that there would be any detrimental impacts on these buildings in terms of overlooking of this abutting sites.
7.6.3 Based on the foregoing, it is considered that the use and scale of the neighbouring properties, design of the units, as well as the scale and massing of the proposed industrial block would ensure that the development complies with General Policy 2(g) and Environmental Policy 22 in terms of impacts on neighbouring properties.

7.7 Other Matters

7.7.1 Flood Matters

7.7.1.1 There proposed development will not result in an unacceptable risk from flooding on or off site given the scale and section of the site which has potential to be flooded, which is considerably small relative to the entire site area which would allow for safe on-site attenuation.

7.7.2 Preferred Retail Use of Units

7.7.2.1 The comments made by the owners/occupiers of 6 The Threshold, Jurby, (on behalf of Northern Fuels which sits east of the site) is noted. However, the scheme as proposed aligns with the extant use within most of the industrial estate, such that the site would be more suited to the proposed industrial use. Besides, it is not the goal of the planning process to stipulate the type of developments proposed by developers, but to rather guide development to align with existing policies and guidance. Hence, these matters which seek to promote the establishment of retail units within the site, hold no weight in decisions on the current scheme which proposes industrial units for the site.

7.7.3 Approved Layout/design

7.7.3.1 Whilst the submitted documents; the Proposed Elevation drawings (Drawing. No. PL02) and Site Plan (Drawing. No. 22-02-PL01 B) provides supposed elevation details, floor plan

details, and overall layout within the site for Units 1, 2 and 9 to 19, the information from the applicants (Covering Email received 5 September 2024) has clarified that these details are not relevant to the Approval in Principle elements of the application, as all matters save for the main access into the site and principle of erecting Units 1, 2 and 9 to 19 are to be reserved for future assessment. Therefore, any details relating to these units provided on the submitted documents except for the main access into the site and issues relevant to the assessment of the principle of erecting these units are to be discounted, and only assessed for Units 3 to 8, which seeks full determination at this stage.

- 8.0 CONCLUSION

8.1 For the reasons outlined within this report, it is considered that proposal accords with Business Policies 1 and 2, Strategic Policies 1, 3, 6, and 10, Transport Policy 7, and General Policy 2 of the Isle of Man Strategic Plan 2016, as there would be no material harm to private and public amenity, and the highway and ecological elements would be acceptable. It is, therefore, recommended that the planning application be approved. - 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

(a) the applicant (including an agent acting on their behalf);
(b) any Government Department that has made written representations that the Department considers material;
(c) the Highways Division of the Department of Infrastructure;
(d) Manx National Heritage where it has made written representations that the Department considers material;
(e) Manx Utilities where it has made written representations that the Department considers material;
(f) the local authority in whose district the land the subject of the application is situated; and
(g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine:

o whether any other comments from Government Departments (other than the Department
of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status

9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. _______________________________________________________________

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : …Permitted……….... Committee Meeting Date:…30.09.2024

Signed :…………………………………….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

PLANNING COMMITTEE DECISION 30.09.2024

Application No 23/00876/B Applicant Jurby Paddocks Limited Proposal Construction of light industrial (Class 2.1) general industrial (Class 2.2) and storage and/or distribution (Class 2.3) to units 3 to 8 and Approval in Principle for units 1, 2 and 9 to 19 for light industrial (Class 2.1) general industrial (Class 2.2) and storage and/or distribution (Class 2.3)

Site Address Land At The Paddocks Jurby Industrial Estate Jurby Isle Of Man Planning Officer Paul Visigah Presenting Officer As above Addendum to the Officer Report

The Planning Committee considered the application at its meeting on 30 September 2024 and agreed with the recommendation to approve the application subject to the removal of references to Unit 19, which has been removed from the scheme, within the Officer report and approval conditions - in conditions 9, 10,11 and 12.

DEC Officer Report

Source & Provenance