Officer Report

Application No.: 23/00924/B Applicant: Mr Benjamin Quayle Proposal: Demolition of existing building and the erection of 10 new industrial units for use as either Use Class 2.2 (Light Industry and Research/Development) and/or 2.4 (Storage and Distribution) and including widening of existing access, creation of parking and hardstanding with associated drainage and landscaping Site Address: Former Crosby Wholesalers Main Road Crosby IM4 4BN Planning Officer: Lucy Kinrade Photo Taken: 25.09.2023 Site Visit: 25.09.2023 Expected Decision Level: Planning Committee Recommended Decision: Refused Date of Recommendation: 08.12.2025 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The increased number of units from four to 10 is considered an inappropriate intensification of this central Crosby site and one which would result in unacceptable and adverse impacts on local character, scale and neighbouring amenity contrary to Spatial Policy 4, Strategic Policy 3, General Policy 2, and Environment Policies 2, 23 and 42 of the Isle of Man Strategic Plan 2016. - R 2. Although the scheme is provided with the correct numerical parking space requirements based on the proposed uses (light industrial, research and development, and storage and distribution) due to the sites increased unit numbers, the constrained site layout, the nature of the proposed uses, nature of unit operations and with sole reliance on domestic sized parking bays only, that there are concerns regarding the sites safe operation for all users and without conflict on the main public highway, contrary to Transport Policies 4 and 7, Strategic Policy 10(c) and paragraph 9.2.7 of the Isle of Man Strategic Plan 2016. - R 3. The positioning of some of the proposed units significantly closer to the main road than the existing buildings will increase visibility and prominence of the units and overall site, eroding the settlement's semi-rural character which would result in unacceptable and adverse impacts on local character, scale and neighbouring amenity contrary to Spatial Policy 4, Strategic Policy 3, General Policy 2, and Environment Policies 2, 23 and 42 of the Isle of Man Strategic Plan 2016.

_________________________________________________________________ Interested Person Status

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

• o DOI Highway Services
• o DOI Flood Risk Management
• o Manx Utilities Drainage

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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):

• o The Laurels, Main Road, Crosby
• o Rosebank, Main Road, Crosby as they both satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.

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):

• o Methodist Chapel, Old Church Road, Crosby although within 20m of the application site, 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.

It is recommended that the following organisation 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):

• o The Society for the Preservation of the Manx Countryside and the Environment, 31 First Avenue, Douglas as they are outside of 20m of the application site, have not explained how the development would impact the lawful use of land owned or occupied by them and the proposal does not require an EIA, and so they fail all requirements of the Department's Operational Policy on Interested Person Status.

_________________________________________________________________ Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT.

1.0 SITE AND SURROUDINGS - 1.1 The application relates to an existing site within Crosby village, sitting on the south side of the road close to the crossroad linking with Marown playing fields and Top Road Crosby. - 1.2 The site comprises a block of four existing warehouse buildings known as 'John Lancaster House' and formerly the 'Crosby Wholesalers'. The buildings are set back and down from the main road with a large area of off-road parking and turning space in front of the buildings and a sloping grassed area nearest the roadside boundary.

1.3 Main vehicular access is from the main road, and plans submitted for the site indicate a second access out onto Old Church Road between Crosby Methodist Hall and Methodist Chapel. - 1.4 The approved use of the site is as self-storage/document storage with additional use for office and car sales only (as per 12/01367/C and 17/00968/C) and conditioned accordingly in respect of operating hours and numbers of cars for sale due to access and residential amenity. More information for the sites' planning history is contained at section 3.0 of this report. - 1.5 Crosby has a central core comprising largely residential dwellings either running along the main routes into the village or clustered within residential estates. Amongst these dwellings sits a public house, a shop and coffee shop, areas of public open space and along Old Church Road a bowling green and playing fields. Beyond the old railway line and away from the central core is a sewage treatment plant and a depot allocated for industrial use on the Area Plan for the East 2020.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the replacement of the four existing buildings and erection of 10 new units for use as Use Class 2.2 Light Industry and Research & Development, and/or Use Class 2.4 Storage or Distribution, and including widening of the existing access, creation of parking and hardstanding areas, and with associated drainage and landscaping. - 2.2 Proposed Units

• 2.2.1 All 10 units are proposed for use as either Light Industry, Research and Development, and/or Storage or Distribution (Use Classes 2.2 and 2.4).
• 2.2.2 Nine of the units' measure 95sq m each, and one measures 89sq m. No internal mezzanine floors are proposed. The total area is 944sq m.
• 2.2.3 The units are split across four blocks each finished with either a dual or mono-pitched roof. Externally the buildings are to be finished with a block work plinth, painted render to the lower levels and green cladding to the upper parts of the building. Each of the units is to have a roller shutter door on its front with an integrated smaller pedestrian door.

• o Block A = one unit. Mono pitched. Approx. 14m long x 7.8m wide, 5.7m to eaves and 7.4m to ridge.
• o Block B = four units. Dual pitched. Approx. 30m long x 14m wide, 5.7m to eaves and 7.4m to ridge.
• o Block C = two units. Mono pitched. Approx. 26.8m long x 7.5m wide, 5m to eaves and

• 6.5m to ridge.

• o Block D = three units. Dual pitched. Approx. 22m long x 14m wide, 3.5m to eaves and

• 5.2m to ridge.

• 2.2.4 Blocks B and C sit furthest from the main road and at a slightly lower level. Internal finished floor levels (FFL) for all units are shown on drawing 100-K and Levels Drawing DR-02 Rev B. Some external spot Ground floor levels (GFL) are also provided on the Levels Drawing DR-02 Rev B.

2.3 Proposed Access, Parking and Pedestrians

• 2.3.1 Primary access into the site remains in the existing position from the main road but its pillared access is to be widened to 7.3m.
• 2.3.2 The secondary access connecting to Old Church Road is shown to be resurfaced and is to be installed with a removable bollard.

• 2.3.2 Within the site there are:

• o 28 car parking spaces, each measuring 2.5m x 5m;

• o three disabled parking spaces;
• o eight motorcycles spaces; and
• o 18 bicycle spaces within Sheffield stands.

• 2.3.3 In front of many of the blocks are 'keep clear' areas for delivery into units. Pedestrian routes are proposed throughout the site and indicated to be finished in a contrasting surface. A new stepped pedestrian access is proposed in the stone wall alongside the main road.
• 2.4 Off-site works

• 2.4.1 Information has been provided showing some of off-site works relating to part of the pedestrian walkway along Old Church Road. This information comes following separate discussions between the applicant and DOI Highway Services outside of the planning process. These works do not form part of this application proposal.
• 3.0 PLANNING HISTORY

3.1 Site Planning History

• 3.1.1 The applications set out below relate to the site and are considered to be material to the assessment of this application.

• o 96/00267/A - Approval in principle for erection of warehouse for storage of horticultural materials - APPROVED
• o 96/01446/B - Erection of warehouse for dry storage of packaged horticultural materials

- APPROVED

• o 10/01769/B - Re- roofing of warehouse units B, C and D - APPROVED
• o 12/01366/D - Erection of roadside advertising signage (Retrospective) - APPROVED
• o 12/01367/C - Change of use from retail wholesalers to 24 hour access selfstorage/document storage warehouse (Retrospective) - APPROVED AT APPEAL
• o 12/01368/B - Installation of door to replace window (Retrospective) - APPROVED
• o 17/00968/C - Additional use of existing self-storage/document storage warehouse as
• offices and use of yard for car sales (retrospective) - APPROVED

• 3.1.2 12/01367/C - for change of use to self-storage was approved at appeal with three conditions added relating to; 1. the approved use, 2. details to be submitted for external lighting and 3. Restrictions to only one building used for 24-hour access, and the other three buildings between 8am-5pm Mon-Friday. The proposed storage use was expected to generate less traffic impacts than the retail warehousing, the Appeal Inspector considered the sole main issue for the appeal related to living conditions of the neighbours. The Inspector had no concerns with vehicular movements during the daytime, however at nighttime or early hours there could be especially when the main road is quieter. The likelihood is most people would visit during the day and given the distance and infrequency of night-time visits that noise would not be unduly disturbing. The wall along the frontage also helping to screen vehicle lights and conditions could prevent security lighting, along with those for operation hours which were added.
• 3.1.3 The later 2017 application sought approval for additional office and vehicle sales at the existing self-storage site and was approved with a number of conditions relating to number of cars, operating hours and expressly preventing any retail use except the car sales:

• o C1. At no time shall there be on the site more than six vehicles offered for sale. Reason: In the interest of highway safety and protection of public and private amenity.
• o C2. The administration services ancillary to the car sales use hereby approved shall
• operate between 9:00am and 5:30pm daily, and no customers related to that use shall be served or remain within John Lancaster House outside of those hours. Reason: In the interest of general amenity and controlling the use of the site. o C3. For the avoidance of doubt, no retail use shall take place from the application site beyond that expressly approved under this application (car sales). Reason: In the interest of controlling the future use of this site, in view of its location near to residential dwellings and with a poor highway access.

• 3.1.4 The Planning Officer for 17/00968/C stated the following in respect of the additional office and car sales use: Office use: "6.2…while its use for self-storage is unlikely to have a particularly active or regular impact on neighbouring living conditions or traffic flow in the area (indeed, this is a reason it was approved for such a use), equally the additional low-level use for a small office business does not seem likely to generate materially harmful impacts, at least no more so than the existing and approved use." Car Sales:

• "6.3. The car sales use is perhaps more difficult to assess. The access to the site does not benefit from significant visibility, and moreover there is a bus stop immediately adjacent and other informal parking as well. The previous use of the site was as a retail warehouse, which likely had significant numbers of vehicles movements. In recommending approval to the application seeking approval for the current use, the case officer looked favourably on the reduction in traffic movements, though apparently from the point of view on impact on neighbouring living conditions rather than with regards highway safety. Indeed, Highway Services stated that that application had no highways implications.

6.4 There is no way to know how many vehicle movements are likely to be associated with the (approved) self-storage or (proposed) office use. The small-scale nature of the latter suggests that a limited number is likely. However, the remainder of the building is large and while selfstorage does not attract significant vehicle movements, this is only a general assumption and there is no planning condition limiting the number of daily vehicle movements. Against this context, it is not considered that the number of daily vehicle movements associated with what is a very small-scale level of car sales would be so significant as to be judged a reason to refuse the application on highway safety grounds. The traffic movements would, over the course of a week, be unlikely to be significant against the context of the lawful and proposed use of John Lancaster House.

6.5 Were the proposed scale to be larger, then further information would have been sought. It may be that a larger scale car sales business would be found unacceptable given the site's poor access. Approval to this application would not prejudice a future application for a larger scale operation, but nor should it be taken to mean that a greater intensity of use would be acceptable. As such, it is considered that a condition limiting the number of cars on the site for sale at any one time to six would be necessary, and the alteration of that condition would very likely require additional information to be provided." Conclusion:

• "7.1 Subject to the condition outlined, it is concluded that the application is not likely to have such a significant impact on highway safety or neighbouring living conditions as to warrant the application's refusal."

• 3.3.2 DOI Highway Services comments on 17/00968/B stated: "The site is accessed directly off Peel Road A1. Any development that may result in additional traffic movements in and out of the access require a more detailed consideration of its impact on the free and safe flow of traffic on a busy strategic link serving the Island. The application does not provide any details of how the proposals will work in terms of traffic generation / movements etc. Whilst this response is not suggesting the application be refused, there are concerns over the lack of information to determine. Please request additional details prior to final comments."

3.2 Other applications considered materially relevant:

• 3.2.1 PA 14/00930/B - Erection of a block of four storage / distribution units and refurbishment of existing office building together with associated parking and service compound - APPROVED. The units were provided with 19 car parking spaces and residential amenity was deemed acceptable with weight given to other new intervening residential development proposed between the site and existing dwellings.

• 3.2.2 Subsequently a number of change of use applications were submitted for 2 of the 4 units:

• o 19/00313/C - Change of use from light industrial to a laundry business (Unit 1) Approved
• o 19/00327/C - Change of use of Unit 2 light industrial to provide personal health training (Unit 2) - Approved
• o 20/01301/C Change of use from light industrial to an art/pottery studio (Unit 1) Approved
• o 21/00826/B - Additional use of Art / Pottery Studio for art exhibitions (Unit 1) Approved

• 3.2.3 As part of each of the applications key matters of their assessment fell to residential amenity and parking provision, and some were actioned with conditions in the interest of both including controlling numbers of visitors and staff, the approved use and the number of laundrette machines.

- 4.0 PLANNING POLICY

4.1 Site Specific

• 4.1.1 The site is located within the settlement of Crosby and is designated as 'industrial' in the Area Plan for the East (2020). The site lies within Character Appraisal area C3. The site is not within a conservation area but is recognised as being at high surface water flood risk. There are some trees within the site, but none are registered.

4.2 Relevant elements of Area Plan for the East are set out below.

• o Paragraph 8.1.3 - recognises Crosby as having some smaller areas of industrial land including the existing depot, and the road and bus availability between it and the established industrial land in Douglas.
• o Paragraph 8.1.4 - recognises the importance of development plans and their contribution to the economic well-being of the IOM. Key to success is through an understanding of specific land use requirements (need) and demands from a business perspective, all under the umbrella of long-term vision. Appendix 1 covers the Employment Land Review (ELR).
• o Paragraphs 8.2.2 - 8.2.4 - Refers to policies within the IOM Strategic Plan and highlighting scale of development, availability of public transport, proximity of labour and utilities (Business Policies 1 and 2). Major employment being directed to existing centres. Industrial development on industrial land and close to major transport links to Douglas and Braddan (Strategic Policy 6, Spatial Policy 1 and Paras 5.9 and 9.2.2). Employment concentrated to Douglas and in villages like Crosby there should be limited employment
• opportunities (Spatial Policies 2 and 4).

4.3 Relevant elements of IOM Strategic Plan 2016 are set out below.

• 4.3.1 Strategic Policies and General Policies

• o Strategic Policy 1 - Efficient use of land and resources
• o Strategic Policy 2- New development directed to identified towns and villages
• o Strategic Policy 3- Development to respect character of towns and villages
• o Strategic Policy 4 - Protect and enhance landscape and nature conservation value
• o Strategic Policy 5- New development designed to make a positive contribution to the environment (and in some cases a Design Statement will be required)
• o Strategic Policy 6 - Major employment-generating development should be located in existing centres
• o Strategic Policy 7 - Undeveloped land which is zoned in Local or Area Plans for industrial, office, or retail purposes will be retained and protected for such uses
• o Strategic Policy 10 - New development should be located and designed such as to promote a more integrated transport network

• o Spatial Policy 4- Crosby recognised as a village where development should maintain existing settlement character and be of an appropriate scale to meet local needs for housing and limited employment opportunities.
• o General Policy 2 - General Development Considerations including visual and amenity impact, highway safety, landscaping, energy impact

• 4.3.2 Environmental and Water/Energy Conservation Policies

• o Environment Policy 2 - Development should not harm Landscape classification, or location is essential
• o Environment Policy 4 - No adverse effect on species and habitats of importance
• o Environment Policy 10 - Flood Risk Assessments
• o Environment Policy 13 - No unacceptable risk of flooding on or off the site
• o Environment Policy 22 - Protection of neighbouring amenities/environment from harm (pollution, noise, light etc)
• o Environment Policy 23 - Considerations to potential adverse impact of proposed changes on neighbours
• o Environment Policy 42 - Respect the local character and identity
• o Environment Policy 43 - Support for proposals for run-down areas and encourage use of sound built fabric, rather than its demolition.
• o Infrastructure Policy 5 - Methods for conserving water
• o Energy Policy 5 - Energy Impact Assessment for development of more than 100sq m

• 4.3.3 Employment Content Policies

• o Business Policy 1 - The growth of employment opportunities
• o Business Policy 2 - Land designated for industrial development should be appropriate to area, transport links, proximity of labour and availability of water, sewerage and other utilities
• o Business Policy 5 - On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted (excluding bulky goods)
• o Business Policy 6 - Development briefs for land zoned as industrial use and identify local needs Chapter 9 and its subsequent paragraphs are also relevant in setting out the thrust towards employment land. Industry and Storage and Distribution is contained at 9.2. the following are also considered relevant.
• o 9.2.1 Storage and distribution has become a more important activity, particularly in terms of the demands it makes on land, buildings, and access requirements
• o 9.2.3 definitions of industrial development (set out in full below)
• o 9.2.4 indicates that location of sites can dictate their uses, those suitable for industry also suitable for storage
• o 9.2.7 highlighting the importance of all parking and manoeuvring being suitably accommodated off the highway and lack of such can create significant difficulties to other estate users particular where large or articulated vehicles are involved.
• o 9.2.8 sets out awareness for some need for smaller 'starter units'. Definitions of Industrial Buildings
• o "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 paragraphs, 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 industrial, general industrial and special industrial buildings, each defined as follows:

• o "light industrial building" means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of 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 light industrial buildings for research and development
• of products or processes is permitted by the Town and Country Planning (Permitted Development) Order 2005.
• o "general industrial building" means an industrial building other than a light industrial building or a special industrial building;"
• o "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, grit, 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."

• 4.3.4 Transport Content Policies

• o Community Policy 7 - prevent criminal and antisocial behaviour
• o Community Policy 10 - Fire Fighting provisions
• o Community Policy 11 - best practice to prevent outbreak and spread of fire
• o Transport Policy 1 - located close to existing public transport facilities and routes
• o Transport Policy 2 - Provision for new links
• o Transport Policy 4 - Highway Safety and designed to be capable of accommodating vehicular and pedestrian journeys in a safe manner
• o Transport Policy 6 - Equal weight for vehicles and pedestrians
• o Transport Policy 7 - Parking Provisions and parking standards (appendix 7)
• o Transport Policy 8 - Requirements for Transport Assessments Appendices
• o Appendix 7 - A.7.3 Industry - 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 the 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. It is essential 137 therefore that any applications for industrial development can demonstrate that there is sufficient off-street parking provided within the application. A general policy of one space per 50 square metres of nett will be required with additional space for manoeuvring where larger vehicles may be using the site, although an increased standard may be needed for uses which generate a high level of traffic, including light industrial and research and development businesses. Storage and distribution is generally less labour intensive and will require one space per 100 square metres. Where mezzanine levels are proposed after the buildings have been completed, the Department may require additional car parking if additional levels of use would result from the additional space proposed.
• o Appendix 7 - A.7.6 - parking space standards Light industrial, research and development = 1 space per 30 square metres nett floor space. Storage and distribution = 1 space per 100 square metres gross floor space.

4.4 Reference any relevant PPS or NPD

• 4.4.1 None

- 5.0 OTHER MATERIAL CONSIDERATIONS

5.1 Legislation

• 5.1.1 Section 143 of the Equality Act (2017) places a duty on public bodies to promote equality, eliminate discrimination, advance equality of opportunity and foster good relations.

• 5.1.2 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.

• 5.1.3 Town and Country Planning (Use Classes) Order 2019

• o Class 2.2 - Light industry and Research & Development Use for all or any of the following purposes — (a) for any industrial process; or (b) for research and development of products or processes, being a purpose which can be carried out 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.
• o Class 2.4 - Storage or distribution Use for the purpose of storage or distribution.

5.2 Policy/Strategy/Guidance

• 5.2.1 Manual for Manx Roads

• o B3 Vehicular visibility Splays
• o B4 Access layouts
• o B5 Access and visibility
• o C4 Motorcycles
• o C5 Disabled spaces
• o C8 Car Parking non-residential
• o C.8.3 the Department recommends that standard parking bays in car parks should be a minimum of 5.0 m long by 2.6 m wide to accommodate modern larger SUVs and MPV
• o C10 Commercial Parking
• o Design Principles of Commercial Parking
• o C.10.1 Changes to driver regulations in recent years have placed a greater emphasis on the provision of suitable lorry parking facilities. At commercial developments, as well as designing for the access and manoeuvring of service vehicles, it may be that additional provision is required for lorries parking for a period of time whilst a driver is, for example, on a rest break.
• o C.10.2 Increasingly, lorry parking takes place on industrial access roads or in lay-bys. To ensure that it does not take place in environmentally unsuitable locations, developments that generate trips by HGVs must provide adequate lorry parking as well as HGV loading and unloading bays/areas.
• o C.10.3 On industrial and warehousing/distribution developments, appropriate provision should be made for HGV parking as required for the specific operation of the site. Provision should be assessed on a site by site basis, considering the proposed operations at the site and the space required. Page 179 GN-00-019 Rev 2.00 Appendix C Parking Standards
• o C.10.4 For this reason, commercial vehicle parking spaces should be designed in relation to the proposed development. All proposals should demonstrate that the parking design meets the following criteria:
• o will not conflict with other site requirements, e.g. landscaping, pedestrian access
• o will not obstruct or impinge on the highway
• o facilities should have a safe access from the highway
• o the construction of the lorry parking area should be capable of taking the axle, steering and braking loads
• o the parking area must be of a sufficient size and shape to minimise vehicle manoeuvring

• o the parking area should be located so as to minimise noise and other nuisance and hazards to neighbouring development
• o there must be sufficient capacity to cater for maximum demand generated by the development, with no overspill parking onto the adjacent highway
• o drainage systems should be designed so as to minimise the risk of pollutants entering the highway Quality Standard
• o C.10.5 Turning and manoeuvring areas for Heavy Goods Vehicles (HGVs) and Large Goods Vehicles (LGVs) should meet the minimum requirements specified by the Department.
• o C.10.6 Dimensions for commercial vehicle parking spaces vary depending on the type of vehicle. Typical parking space dimensions are shown in Table C.4.
• o Table C.4 - Commercial Vehicle Parking Space Dimensions
• o Car 5.0 m x 2.6 m
• o Van 7.5 m x 3.5 m
• o HGV Articulated 17.0 m x 3.5 m
• o HGV Rigid 12.0m x 3.5 m
• o Appendix E - Accessibility for Walking Checklist, Accessibility for Cycling Checklist, Accessibility for Public Transport Checklist, Accessibility for Vehicles

• 5.2.2 IOM Economic Strategy Nov 2022 - sets out the vision to develop a strong and diverse economy and the key aspiration in achieving the vision including creation of jobs, develop infrastructure and services, generate income and decarbonise services.
• 5.2.3 A Guide for Applicants: Supplementary Guidance on Economic Issues - December 2022

• This guide is intended to help applicants in understanding what economic issues are likely to be material in the planning process and so the information that can be submitted to support a planning application.

• 5.2.4 Landscape Character Appraisal 2008 - refers to C3 character area with the three notable settlements of Union Mills, Glen Vine and Crosby, all of which comprise a historic core with traditional buildings that have been expanded by modern housing.
• 5.2.5 Landscape Character Appraisal 2025 - refers to C3 and Crosby being one of three villages with central historic core and modern expansion. Although tranquillity is locally reduced in the vicinity of settlements and main roads, the majority of the area retains a peaceful and rural character. It lists a number of potential impacts on sensitive landscape features and characteristics as a result of development pressure including;

• o loss of local distinctiveness due to homogenous or insensitive development;
• o increasing suburbanisation of rural areas due to building materials and design, and unsympathetic design of walls, gates and driveways;
• o increased light pollution associated with new development, traffic, street lighting, security lighting and lightspill from agricultural buildings, impacting on dark skies;
• o loss of tree tunnels due to new entrances being formed in the wider rural area that require visibility splays; and
• o flooding following heavy rain - this is of particular concern where development has taken place on floodplains or close to flashy watercourses.

• 5.2.6 The overall character is as a rural landscape which contains settlements should be retained; the character of the landscape should not become dominated by development. Any future expansion of settlements or infrastructure should be located, designed and screened by vegetation in such a way that it is integrated into the surrounding landscape and does not dominate views. Development edges and property boundaries should be rural rather than suburban in character.
• 5.2.7 It indicates that tree cover and roadside trees should be protected and managed, and planting new trees where necessary to ensure their continued presence in the landscape and to soften development.

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

6.1 Marown Parish Commissioners - objection (17/10/2025 and with reference to previous comments also submitted the objections of which still stand 2023-to date).

• o Concerns with traffic on to and off the busy main road from the increase in traffic that would result from the proposed industrial units on site
• o Technical note dated 3.2.2025 is factually incorrect as the commissioners do not have plans to extend the footway (item 9)
• o Any proposal for pavement/pavement extension will need separate application
• o Insufficient information to clarify ownership of road alongside Crosby Chapel - minded that a bollard is proposed.
• o Number of units proposed represents an overdevelopment
• o Number of units resulting in congestion within the site and spilling onto the main road
• o Transport Statements is fundamentally flawed relying on access onto Old Church Road, the lane exists but is not owned or controlled by the applicant and unsuited for the proposed use.

6.2 DOI Highway Services - Do not oppose subject to condition (30/10/2025 and 25/03/2025).

• o The proposal results in splitting of the site and creation of individual units with alterations to the access, parking and layout. Following previous concerns and request for more information the following has been addressed.
• o Access and units have been amended so large vehicles can safely manoeuvre within the site and around private vehicles.
• o Motorcycle parking has been provided within the site.
• o Entry and exit along Old Church Road will encourage cyclists/walkers to access the site and this route has been road safety audited.
• o Disabled spaces have now been provided within the site.
• o Conditions should be added in respect of:

• 1. The access, layout, vehicle turning and parking (all vehicle types) shown on the approved plans shall be implemented before first occupation of the site and retained thereafter. (Reason: highway safety)
• 2. The off-site highway works shown on the approved plan reference AX099 SK-02 A shall be implemented before first occupation of the site. (Reason: highway safety, accessibility and sustainability) Note. The off-site highway works shall be completed under a S109 highway agreement.
• 3. The pedestrian and cycle link onto Old Church Road shall be kept open for all opening times of the site, and this link shall be made available for vehicular access when Peel Road is closed. (Reason: highway safety, accessibility and sustainability).

6.3 Manx Utilities - drainage (03/01/2024 and 08/03/2024) - comments and concerns. They Initially raised concern for various points.

• o Lack of evidence for percolation and suitability of semi permeable paving.
• o Surface water attenuation is indicative, and no volume calculations or outflow rate provided - it is unknown is surface water run off can be accommodated.
• o No invert levels provided for outlet to the stream or how this would operate when the stream is surcharged.
• o No petrol or oil interceptors have been indicated to show how potential pollution from industrial units will be addressed.
• o Proposed drainage doesn't meet standards for adoption.
• o Drainage appears to connect to private drain outside of applicant's ownership.
• o Updated comments indicated drainage was to remain private and responsible by the
• owner.

• o Manx Utilities will permit foul flows to the existing system in Old Church Road as these are considered replacement of existing development flows.
• o Surface water run off must be kept separate from foul flows and must not be discharged into public foul sewer.
• o Drainage connections fees will be per unit.
• o Flood risk will need to be reviewed by DOI Flood Risk Management

6.4 DOI Flood Risk Management - do not oppose subject to conditions (27/09/2023) - if approved, the mitigation from the FRA should be conditioned (section 15).

6.5 DEFA Ecosystems - do not oppose subject to conditions (24/08/2023).

• o Generally, content with the Preliminary Ecological Appraisal (PEA) provided dated Nov 22, however some ecological impacts having not been given proper consideration.
• o No consideration has been given to nesting birds in buildings and mitigation for such should be considered and a condition added for such.
• o No consideration has been given to impact of lights on bats, and again a condition to ensure no external lighting unless lighting details have been provided and approved.
• o With exception to those 3 trees marked for removal, all scrub and trees along south east and southwest boundaries shall be retained and protected and no works commencing until suitable protection details provided and approved.
• o Tree and scrub removal should be undertaken in line with methodologies contained in section 4.5.2 and 4.5.5 of PEA in order to protect bats and birds.

6.6 DfE - Business Agency - in support (24/08/2023).

• o The site is allocated for industrial on Area Plan for the East 2020.
• o The site already has existing industrial units and the applicant states they need repair and are under optimised.
• o The proposal comprises 10 industrial units - the applicants statement states that the new units provide a total gross floor space 945m2, which is a 13.8% decrease compared to existing gross floor space 1096.4m2.
• o The proposal offers a level of flexibility given the options to take on multiple units to accommodate a variety of business uses and reinforcing this eastern employment centre.
• o DfE has carried out market research and local commercial agents note that units up to 139m2 are highest volume of units sold or rented and that greatest demand if for units under 929m2. This proposal would appear to assist in that demand.
• o The proposal represents a substantial investment in the Islands economy which would play an important part in supporting development of strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which positively impact all residents on the IOM.

6.7 The following were consulted but not response received at the time of writing the report 08/07/2025:

• o Manx Utilities - electricity;
• o DEFA Forestry; and
• o DEFA Inland Fisheries.

6.8 Neighbour Comments

• 6.8.1 The Laurels, Main Road, Colby - Objection (23/05/2025).

• o Raise matters in respect of deeds for the site having building height regulations.
• o The site, their property and local area are subject to flooding and concerns that greater areas of hardstanding within the application site might result in increased flooding elsewhere.
• o Bushes and trees at the end of their garden currently screen the site from their garden and that these trees and bushes are not damaged in any way, so they maintain suitable screening.

• 6.8.2 Rosebank, Main Road, Crosby - objection (29/08/2023).

• o Crosby is largely residential village and the proposed development has potential to be very noisy to surrounding residents.
• o The village has already become increasingly busy since Crosby Meadows and Co-op developments and has the potential to become even busier if the plans for new housing behind Crosby Meadows goes ahead.
• o The main road is exceedingly busy during the morning and evening rush hours and the area between Church Road and the Crosby Pub is particularly congested and hazardous due to traffic moving in and out of all the turnings.

• 6.8.3 Methodist Chapel, Old Church Road, Crosby - Objection (21/08/2023 and 29/08/2023). The lane that runs between Crosby Church and Crosby Church Hall is owned by Crosby Methodist Church and is in the Church deeds. There is no rights of access to the lane to users of the applicant's site.

• o The submitted transport statement indicates this access lane to be redundant, but it is not and is in constant use by the Methodist Church and Methodist Church Hall for parking and for building maintenance.
• o The site does not have vehicular access onto Old Church Road and will be gated and locked by the Methodist to prevent unauthorised use.
• o They also make reference to a site plan drawing submitted for 17/00968/C.

6.9 Other comments

• 6.9.1 The Society for the Preservation of the Manx Countryside and the Environment, 31 First Avenue, Douglas - Objection (14/09/2023).

• o They outline some of the history of the site and previous owners as well as reference to the collection of 1930's semi's on the opposite side of the road and the collection of trees in the gardens of North and South Laurels adding to the rural aspect of the village.
• o They state that the existing buildings are set well back from the main road and do not interfere with the ambience of Crosby Village. They are concerned that the submitted proposal, very much urbanises the otherwise rural aspect of the part of the village.
• o The boundary alongside the main road which is allocated as parking should have a belt
• of evergreen planting allowed to grow to such a height to screen the development behind. o Also Block A has a mono-pitch roof which makes it taller than the other units and this is nearest to the main road and therefore the most visible. The mono-pitch is not practical for forklift truck use in any case. This building would be far better with a standard roof of two equal pitches as the other proposed buildings on this site.

- 7.0 ASSESSMENT

7.1 The application has been on hold for considerable time awaiting submission of additional information from the applicant in respect of information for the existing buildings, proposed site levels and sections, responses to comments and re-advertising due to nature of the proposal changing. This information has now been received and the application advertised as per the proposed light industrial, research and development and storage and distribution use and can proceed accordingly.

• 7.1.1 It is considered that the main issues to considered are:

• o Principle, Demand and Scale;
• o Visual and character Impact;
• o Neighbouring Amenity;
• o Highway Safety, Access and Parking;
• o Drainage and Flooding;
• o Ecology and Trees;
• o Energy and Climate Considerations; and
• o Other Matters.

7.2 Principle, Demand and Scale

• 7.2.1 The site is allocated for industrial use, and the proposal therefore aligns with the intent of Strategic Policies 1, 2 and 7 and Business Policies 1 and 5 which support employment generating uses on designated industrial sites. General Policy 2 also indicates that development which is in accordance with the land use zoning will also normally be permitted provided it meets with the listed criteria listed within GP2 including regard to siting and layout, character and appearance impacts, amenity of local residents, highway safety and flooding etc. In this case the mix of light industrial, research and development, and storage/distribution is acceptable in principle given the land use zoning, however other factors as laid out in General Policy 2 must be considered to determine its acceptable as a whole.

• 7.2.2 The applicant states that there is demand for smaller units, and DfE concur based on earlier research. However, this evidence is now dated, and no updated assessment has been provided as part of the re-advertised submission this year. The principle of development remains acceptable, but the demonstrated need is neutral rather than a positive material weight.

• 7.2.3 Local commissioners argue that the increase from four units to ten units constitutes overdevelopment. This intensification is relevant when considered against Spatial Policy 4, Strategic Policy 3, General Policy 2, Environment Policies 2 and 42 and Business Policy 2 which require development to respect local character and be of appropriate scale, and paragraph 9.2.4 which indicates that site location might dictate nature and level of use for certain purposes and without excessive impact on neighbours as per Environment Policy 23.

• 7.2.4 While the overall proposed floorspace is comparable to the four existing buildings, the proposal introduces ten separate units with unrestricted uses between light industry, research and development and storage and distribution. The existing lawful use as storage with limited car sales has historically generated low-intensity operations with minimal impact on amenity or highways as accepted by previous planning Inspectors. The proposed scale and nature of proposed activity therefore constitutes an intensification above and beyond the established baseline. This change from four existing low-intensity units to ten unrestricted units weighing against the proposal.

7.3 Visual and character Impact

• 7.3.1 The existing lawful use has historically generated low levels of activity. In contrast, the proposed unrestricted mix of light industry, research & development and storage/distribution provides no control over the scale, type, or intensity of activity within each unit. The potential uplift in daily movements, servicing, visitors, and general activity therefore represents a noticeable intensification compared to existing situation and would alter the established semirural character of this village setting. This impact weighing against the proposal.
• 7.3.2 The design is typical of small industrial units and in their own right not unobjectionable. However, some of the proposed units are positioned significantly closer to the main road than the existing buildings. This siting will increase visibility and prominence of the units and overall site, further eroding the settlement's semi-rural character. This weighs against Strategic Policy

• 5, Spatial Policy 4, General Policy 2 and Environment Policy 42 which requires new development to integrate sympathetically with its surroundings and make positive contribution to the environment. The proposal therefore results in a more visually prominent and urbanising presence than the existing set-back, low-profile structures which weighs against the proposal.

7.4 Neighbouring Amenity

• 7.4.1 General Policy 2 and Environment Policy 23 require development to avoid unreasonable impacts on nearby residential properties. The proposed intensification is expected to have implications for neighbouring amenity. Increased vehicle movements, servicing, and general business activity from ten independent units, particularly with no specified operational limits, could realistically lead to greater noise, disturbance, and associated nuisance compared with

the current low-impact uses on site. The expected impact on amenity on adjacent and adjoining neighbours weighs against the proposal.

7.5 Highway Safety, Access and Parking

• 7.5.1 The proposal provides 31 parking spaces, meeting the numerical requirements of Appendix 7 being one space per 30 sq m. Access is already available from the main road, and the proposed widening of this entrance is unobjectionable and represents an improvement over the existing access arrangement. DOI Highway Services confirm that the access, swept paths, pedestrian/cycle link, and parking layout are acceptable, and they recommend conditions to secure off-site works, disabled bays, and motorcycle provision.

• 7.5.2 However, Transport Policy 4 requires proposals to demonstrate safe and appropriate vehicular and pedestrian movement not just numerical compliance. The parking and circulation layout is based entirely on domestic-car sized bays (2.5m x 5m) and tight internal manoeuvring swept paths. There is no reasonable way to ensure the site is only served by car-sized vehicles, and the unrestricted mix of proposed uses means there is likely to be a regular presence of larger vans, servicing vehicles and delivery traffic at the site.
• 7.5.3 Although swept-path analysis shows that larger vehicles can technically access and circulate the site, their movement relies on optimal conditions, including no oncoming traffic along the main road, no vehicles overhanging their bays, minimal conflict with any other parked cars and no other large vehicles visiting the site at the same time. With ten independent units operating simultaneously, the constrained internal layout increases the likelihood of obstruction, awkward reversing manoeuvres, pinch-point conflicts, and possibly vehicles queueing or waiting on the public highway to enter the site and conflicting with the main road highway users.
• 7.5.4 While Highway Services raise no objection subject to conditions, there is doubt in the practical day-to-day operation of the site in a safe and efficient manner for all users and without creating impact on the function and traffic flows of the min road. These highway concerns weigh against the proposal in respect of General Policy 2 (h and i), Transport Policies

4 and 7, paragraph 9.2.7 and Strategic Policy 10 (c).

• 7.5.5 It is noted that the proposal includes works along a route connecting with Old Church Road in order to encourage cyclists/walkers to access the site and allow vehicular movement during race periods. Concern is raised as to the ownership of this access, but this would be a matter outside of the planning process. During site visit the existing access lane was already there and appeared to provide uncontrolled access to doors within the units. The proposal seeks for this access route to be primarily for walkers/cyclists which would not result in any adverse or unacceptable impacts being low speed traffic and no worse that uncontrolled access. Daily vehicular traffic resulting from 10 units would increase use and this hasn't been fully addressed as part of the submission. A condition could be actioned to prevent any vehicular use of that access from the site and a permanent bollard installation.
• 7.5.6 It appears that as part of the process that separate conversations around road safety have taken place with the applicant and DOI and DOI have sought works outside of the planning site to take place along the main road to better link the site with local facilities and public transport. These off-site works do not form part of this application and are not considered required from a planning perspective in this case given the extant use of the site and its access arrangements and connections to local area. Yes, the proposal increases the units on site and intensity, but this is not felt in this specific case to warrant off site works to be required by planning condition.

7.6 Drainage and Flooding

• 7.6.1 The site is within an area of high surface water flood risk. Manx Utilities initially raised concerns regarding the lack of percolation testing, uncertainty regarding semi-permeable

paving, insufficient attenuation detail, missing outflow and surcharge information, and absence of oil/petrol interceptors (an important requirement for potential pollution control on industrial sites). Updated comments confirm that the drainage network is to remain private and that foul flows may connect as replacement flows, but surface water must remain entirely separate.

• 7.6.1 DOI Flood risk Management commented separately they indicated that they do not oppose so long as the mitigation from the FRA was conditioned. That mitigation recommended the FFL and thresholds of units to be increased to 43.25mAOD and that site attenuation be provided so as to not worsen discharges from the site, also that occupants consider their business solutions for any for possible scenarios of localised flooding and how they might mitigate their own business operations.
• 7.6.2 The existing site is at risk of surface water flooding, just as the proposed. Whilst there will be an increased number of units likely to be impacted in the event of a flood, the FFL as indicated to be above 43.3 helps to limit some impact. In addition, the drainage strategy indicates attenuation within the site in an attempt to not make the existing situation any worse. On balance the drainage matters are considered to be within acceptable reason and not to make situation any worse than current nor to result in any increased flooding or surface water impacts on neighbours in line with Environment Policies 10 and 13.

7.7 Ecology and Trees

• 7.7.1 There is lack of detail regarding any pollution interceptors at the site. DEFA (Ecosystems) raise no objection subject to conditions relating to PEA and protection measures for landscaping, lighting and bats and nesting birds. There is other legislation that seeks to safeguard protected species from harm - Wildlife Act 1990 and this would cover nesting birds and bats. A condition to prevent any external lighting schemes could be considered, along with a condition ensuring the construction exclusion zones and protective fencing is erected as shown on drawing OTP-021122revA in order to best safeguard those trees to be retained. It is recognised that there is a degree of scrub/clearance works that would take place without the need for planning however on closer inspection of the tree protection drawing it is noted that part of the site's drainage runs through this protected part, so methodology may need to be provided prior to those drainage works being undertaken.

• 7.7.2 The proposal seeks removal of three trees along the eastern boundary, two category U horse chestnut and one ash. Their removal is unobjectionable given their grade and type in this case. There is recognised some tree canopy and root protection impact as a result of the unit's proximity to trees, a cumulative impact and eroding of the tree quality here could further erode the semi-rural character of the site and its tree lined enclosure.

7.8 Energy and Climate Considerations

• 7.8.1 No renewable or low-carbon energy measures appear to have been incorporated, nor any energy impact statement provided contrary to Energy Policy 5. While not a reason to refuse the application per se and some elements could potentially be dealt with by condition, but its omission weighs against the proposal.

7.9 Other Matters

• 7.9.1 Neighbour comments regarding private land ownership and rights of access fall outside planning control and are civil matters. The proposal retains the existing primary access from the main road, and any secondary access rights or legal restrictions must be resolved by the applicant. There is no reliance as part of this application for the second access connecting to Old Church Road. If this is not achievable or resolved between external parties and it bares no weight on the current applicant or site which currently only operates with one access onto the main road.

• 7.9.2 Community Policies 7, 10 and 11 relate to antisocial behaviour and fire risk. No issues have been identified that would warrant a refusal.

- 8.0 CONCLUSION

8.1 The site's industrial allocation means the proposal is potentially acceptable in principle under Strategic Policies 1, 2 and 7 and Business Policies 1 and 5, but the intensification from four low-intensity units to ten units as well as their positioning closer to the road results in adverse impacts on local character, scale and neighbouring amenity, contrary to Spatial Policy 4, Strategic Policy 3, General Policy 2, and Environment Policies 2, 23 and 42. Although the scheme meets numerical parking requirements of Appendix 7, the constrained layout, domestic-sized bays and unrestricted unit uses raise realistic concerns regarding safe operation and conflict with the public highway, contrary to Transport Policies 4 and 7, Strategic Policy 10(c) and paragraph. - 8.2 Lack of renewable or low-carbon measures conflicts with Energy Policy 5. Drainage and ecology issues could be controlled by condition and so not a reason to refusal on these grounds alone. Separate legislation mitigates other protected species concerns. The cumulative harms as set out above outweigh the principle and warrant a refusal in this case.

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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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 and/or rights to appeal.

Decision Made: Refused Date: 15.12.2025 Signed : Miss Lucy Kinrade Presenting Officer

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