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Application No.: 23/00912/B Applicant: Balthane Storage Limited Proposal: Erection of two industrial units, including an amended vehicle access, vehicle and cycle parking, drainage and external works Site Address: Land South Of Sycamore Sub-Station Balthane Industrial Estate Balthane Ballasalla Isle Of Man IM9 2AF Planning Officer: Mr Hamish Laird Photo Taken: 28.02.2024 Site Visit: 28.02.2024 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.03.2024
C : Conditions for approval N : Notes attached to conditions
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.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Reason: To safeguard the character of the area and planning approval only sought these uses and therefore considered on these basis only.
Reason: To ensure that there is sufficient parking in accordance with the Strategic Plan (2016) parking standards.
Reason: To ensure that adequate cycle provision is made on site to serve the development in accordance with the Strategic Plan (2016) parking standards.
Reason: In the interests of visual amenity and to secure a high quality form of development that would readily assimilate into its surroundings.
This application has been recommended for approval for the following reason. This application has been recommended for approval as it is deemed to be in accordance with General Policy 2; Environment Policy 7; 10; 22, and Transport Policies 4 and 7.
Plans/Drawings/Information; This approval relates to the following submitted documents and drawings stamped received on
Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions that relate to planning considerations:
Manx Utilities Drainage _____________________________________________________________________________
1.0 APPLICATION SITE - 1.1 The application site comprises a vacant plot adjoining an existing electricity sub-station which is housed in a white painted, rendered building under a slate, pitched roof, with its gable
2.1 Proposed is the erection of a pair of semi-detached, workshop buildings both contained within a single structure measuring 15.0m wide x 18.7m deep x 7.29m high to the eaves and 9.1m high to the ridge which would run across the building facing the road. The road frontage elevation would have glazed panels and double opining doors to the ground floor of each unit with 2 x 3-casement windows at first floor level. The rear elevation of the building would have single width entrance doors with full-height glazed panels each side (3.0m) wide, each next to
2.2 Outside the pair of buildings would be served by the existing secondary access road serving the site and industrials units to the rear. A swept path analysis indicating that a
2.3 The submitted plans show the existing workshop/industrial building to the rear of the site edged blue indicating that they are within the applicants' ownership/control. PLANNING HISTORY
3.1 This application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application. - 3.2 Within the immediate area/ estate there have been a number of approvals for the erection of light industrial buildings.
95/00962/B - Atls and Exts to industrial building for Lazerflex Ltd. Unit J Balthane Industrial estate - permitted 5/12/95. 99/02126/B - Reinstatement of rear of building damaged by storm, at Unit 4 Trafalgar Park Balthane Industrial Estate - permitted 14/4/2000. DEVELOPMENT PLAN POLICIES
4.1 In terms of local plan policy, the site lies within an area designated in the Area Plan for the South (2013) Proposals Map 4 - Ballasalla - as part of a wider area zoned for mixed business/industrial use. The site is not within a Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered materially relevant to the assessment of this current planning application: Policy GEN 2 (in part)
b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them; c) does not affect adversely the character of the surrounding landscape or townscape;
4.3 Environment Policy 7: 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. - 4.4 Environment Policy 10: Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, 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. - 4.5 Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
4.6 Transport Policy 4: The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. - 4.7 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 standard in respect of light industrial requires there to be one parking space per 30 sq m of floor space for light industrial use, one per 50 sq m of industrial floor space and 1 per 100 sq m of storage and distribution floor space. REPRESENTATIONS
5.1 Malew Commissioners (11/9/23) comments: "There should be two-way vehicular access to the site if using the secondary entrance, it this not achievable only the primary access should be used for vehicular traffic."
5.2 Highway Services has commented on three occasions: (11/8/23) Comments: (11/8/23) Comments: 23/00912/B - Separate response to follow.
(22/8/23) Comments: The application is associated with a number of recent and varied planning applications on and around the site. PA 19/01344/A sought the development of industrial units to the north-west of this site using the access onto Balthane Road noted as 'secondary access' in this application. Applications 21/00220/B, 21/00416/B and 21/00418/B altered the application in principle to use the Harcourt Drive road onto Balthane Road with other internal alterations.
This application seeks the creation of two units with improved access arrangements and parking provision. Preapplication advice discussions requested the provision of swept path analysis and a Stage One Road Safety Audit to accompany the application, both of which have now been provided.
The site is to be served by two existing accesses. The primary access over the unadopted Harcourt Drive, also used by the aforementioned approved applications. The secondary access via the lane directly onto Balthane Drive previously proposed for use in PA 19/01344/B. The secondary access provides a more convenient and shorter route onto Balthane Road, and it is questionable whether road users would opt to use the designated 'primary access' more. No alterations are proposed for the Harcourt Drive, but changes are proposed for the secondary access.
The secondary access is to be increased in width to 3.8m with kerbline radii provided and formal dropped crossing. Visibility is to be increased to 2.4m by 43m to the north and 37m to the south. Balthane Road is wide and has double yellow line marking along the majority, this may lead to vehicles travelling at higher speeds past the access. However, visibility to the left on exit is provided to the posted speed limit requirement and visibility to the right on exit is maximised and a significant improvement from the existing 8.5m. Highways accept the level of visibility achievable from the access and the alterations proposed at the connection to the highway.
The alteration to the highway, in the form of altering an access, providing a dropped crossing and increasing the width of the pedestrian path, will require a Section 109(A) Highway Agreement to be made post planning application.
The road safety audit highlighted a number of problems with the design, the majority of which have been accepted by the designers and adjusted accordingly. However, Problem A.2.1 regarding the width of the access road was not accepted and no alterations made. The access onto Balthane Road is considered to be the secondary access, but it's more direct route onto Balthane Road would make it a desirable cut through and a more convenient access option. The audit raised that at 3.8m wide the access is insufficient in width to accommodate two-way traffic, but may appear to drivers to be wide enough. This can lead to side swipe collisions or reversing onto Balthane Road.
The designer's response stated that the development of the two units would not lead to traffic movements frequent enough to warrant two-way movement with the potential for vehicles meeting being very low. It is considered that for this development alone, the justification provided could be sufficient. However, with the larger developments permitted and/or created to the north-west, this more convenient access will likely be used more frequently. The subsequent audit recommendation due to the low anticipated traffic was to reduce the width of the lane to 3.1m in order to clearly define that it unsuitable for two-way traffic. Highways Development Control do not consider that traffic flow along this lane will be low enough, due to the increased in use from the north-west developments, to accept a reduced width lane. The
lane should be increased in width to accept two-way movement reducing the risk of collisions and need to reverse onto the highway.
Eight parking spaces have been provided for the development. Six of these are the standard
Highways Development Control accept the majority of the highway and access arrangements of the proposal. However in light of recent nearby development, it is considered that the 'secondary access' is likely to be used more frequently than suggested due to its convenient location and cut-through potential. Highways request that the access lane onto Balthane Road is widened to accept two-way vehicular movement. Recommendation: Request alterations / revisions."
(31/10/23) Comments: Previous Highways response dated 22/08/2023 requested that the access noted as 'secondary access' was to be widened to allow two-way vehicular movement due to its likely increase in use from nearby development and convenient cut-through potential.
Further to correspondence with the applicant/agent, Highways are in a position to accept the access arrangements proposed. The western access, noted as the 'primary access' has been supplemented with swept path analysis to show that two-way vehicular movement of with the largest vehicle likely to use the access can be accommodated. Swept path analysis of the eastern 'secondary access' only shows provision for two-way movement with cars, rather than the larger vehicles that may access the development. This means that for any larger vehicles using the access, there may be a risk that oncoming vehicles would have to reverse onto the highway, or attempt to pass resulting in side swipe collisions. However, the proposal and applicants have stated that operation of the development will mean that larger vehicles will use the primary access, and additional widening of the 'secondary access' would compromise the retention of trees or the width of footway which in the current proposal is acceptable. The widening provided can accommodate two personal vehicles to use the access at one time. The additional users of the access from nearby developments looking for a cut-through would likely be for trips involving personal vehicles rather than larger vehicles associated with other units. Therefore, the amendments to the access are acceptable to alleviate most of the risk raised previously.
The alteration to the highway, in the form of access widening and dropped crossing, will require a Section 109(A) Highway Agreement to be made post planning consent. On alteration of the vehicular access, the existing road drainage must either be retained or an effective alternative scheme provided at the Applicant's / Developer's expense on a satisfactory arrangement being drawn up and agreed with the Highway Services' Drainage team.
The amendments to the submission have addressed the previous highway concerns raised by the Department. The proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal subject to all access arrangements to accord to Drawing No. P02 Rev H. The Applicant is advised that a S109(A) Highway Agreement is needed after the grant of planning consent.
Recommendation: DNOC - DNOC - Do not oppose subject to condition"
5.3 Highways Drainage Comments (1/2/2024): "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.
"Manx Utilities Authority has assessed the above planning application and would like to advise you that the Authority has no objection to the application subject to the following condition/s:-
There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of Manx Utilities and the Sewerage Act 1999.
The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to Manx Utilities. All drainage works must conform to the requirements of "Manx Sewers for Adoption", any necessary CCTV surveys are to be carried out at the developer's expense.
In accordance with the Sewerage Act 1999, 2 communication fees will be payable to Manx Utilities Authority in respect each property being connected (directly or indirectly) to the public drainage system.
Manx Utilities will not be adopting the (foul, SW drains and attenuation tank), therefore we don't require any more details on this. Please be advised that we will still require you to limit surface water discharges to the downstream public SW sewer.
The allowable discharge can be agreed post planning and we would like details of the SW attenuation when you submit an application form to make the drainage connections.
Please find attached the form for a Connection to the Public Sewer with guidance notes." ASSESSMENT
6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the impact of the proposed development on the character and appearance of the surrounding area; (ii) highway and pedestrian safety arising from the suitability of the access proposed to serve the site and development; and (iii) Neighbours amenities. Design and visual impact
6.2 The application proposes the erection of a two industrial units, both housed within the same structure on this recognised Industrial Estate adjoining an electricity substation. The proposed use and building containing the two units would be compatible with the original permission and surrounding buildings. The development would result in the loss of this small green space adjoining the sub-station, however, to the sides and rear of it are existing industrial/workshop units and the site is zoned for industry/business uses. It is considered that the visual impact in terms of change to the character and appearance of the area is acceptable as it is a developed industrial estate with buildings of a similar character already on adjoining the site either side and to the rear. The design and visual impact of the proposed replacement workshop building is considered to be acceptable and accords with the provisions of Policy GEN 2 of the Isle of Man Strategic Plan 2016. Highways safety - access, turning, parking and cycle storage provision - 6.3 The site is served by two existing access points from the public highway. The primary access is derived from the unadopted Harcourt Drive. Subsequent to discussions with the applicants by the Highways Team, and to the submission of amended details, the Department
RECOMMENDATION
7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies and Policies ENV22 iii), T4 and T7 of the Isle of Man Strategic Plan 2016 and is recommended for approval. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 18.03.2024 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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