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Applicant: Douglas City Council Proposal Use of plots of 60 and 62 Snaefell Road as a temporary site storage compound (partial retrospective) lasting until March 2026. Site Address Former Site Of 60 And 62 Snaefell Road Douglas Isle Of Man Case Officer : Peiran Shen Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 10.03.2025
C : Conditions for approval N : Notes attached to conditions
Reason: The use proposed is only temporary, and in view of its potential impact on neighbouring living conditions needs to be monitored.
This application has been recommended for approval for the following reason. The necessity of the site in facilitating the public benefit from the Willaston Estate Renovation Project outweighs the increased negative impact on neighbouring property, given the renovation work is still close (although not immediate) to the site and no alternative site is available.
Plans/Drawings/Information; This approval relates to documents, photos and drawing no. APL00, APL01, APL02, APL03, which have been received on 17th October 2023 and the email correspondence which has been received on 18th December 2024.
_______________________________________________________________ Interested Person Status
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):
56 Snaefell Road, Douglas
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. ________________________________________________________________ Officer’s Report THIS APPLICATION IS REFERRED TO THE COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
0.0 PREAMBLE - 0.1 This report was considered by the committee on the 17.03.2025 and deferred for a site visit. - 0.2 Owners/Occupiers of 56 Snaefell Road is rewarded Interested Person Status given they are within 20m from the development and comply with all other requirement with in the Standing Order.
1.0 THE SITE - 1.1 The site is a parcel of land on the southeast of Snaefell Road, just northeast of its junction with Fenella Avenue. The site has a single access on Snaefell Road. It is currently a builders' yard, which previously accommodated a pair of semi-detached houses.
1.2 Snaefell Road run southwest to northeast. It is approx. 760m long. The intersection with the school road separates the road into two different characters. There are flats and shops south of the junction and semi-detached houses along the rest of the road. - 1.3 The site and Snaefell Road are all part of the Willaston Estate, a public housing estate comprising 730 houses.
2.0 THE PROPOSAL - 2.1 This application seeks partial retrospective approval and full approval for using the site as a builders' yard until 31st March 2026. The retrospective period is from 1st April 2022. - 2.2 The proposal is for the Willaston Estate Renovation Project (details in Section 3). The site is currently used to store construction materials and distribute them to various work sites around the Willaston Estate. It is also used for central storage of skips from the consequential arisings generated by the works around the estate. - 2.3 Currently, there are two 20-feet shipping containers, one 40-yard skip, one 20-yard skip, two six-yard skips, a scaffold rack for storage on site, and some openly stored construction materials. - 2.4 The site is proposed to operate between Monday and Friday from 8:00 to 17:00 and Saturday from 8:00 to 12:00. - 2.5 It is proposed to have an average of one vehicle for skips, one vehicle for delivering material to the site and 10-15 telescopic handlers during a typical day of operation. - 2.6 Transport involving skips is only to be operated between Monday to Friday from 9:00 to 5:00.
3.1 Removal of chimney stacks, remedial works including new roof and wall finishes and replacement front door canopies was APPROVED under PA 15/00426/B. This approval became the base for using the site as a builders' compound. Initial Approval for the Site as Temporary Storage - 3.2 Creation of a temporary storage compound (retrospective) was APPROVED under PA 16/01108/B. The application states the demolition of the semi-detached houses on-site provides an opportunity to utilise the plot as a second storage compound area. It is to be noted that the demolition of the pair of semi-detached itself may not constitute development. - 3.3 The application also states that the site is limited to a storage area only. The application requested to use the site until September 2020, but the approval was only granted until 1st July
3.4 There were six conditions attached. The first condition limits the approval to 2018. The second condition limits opening hours to 8-5 between Monday to Friday and 8-12 on Saturday. The other conditions limit only one storage container; no storage may be more than 2.4m high, and no manufacturing shall occur on site. The last condition requests a remediation plan for the site within 28 days of seizing site use. - 3.5 The plan attached showcases two photos. One of them illustrates a shipping container and loosely stored construction materials.
3.6 The application received one objection from No.83 Snaefell Road, stating the noise and traffic as the reason for the objection. First Approval of time extension. - 3.7 Variation of condition 1 of PA 16/01108/B for a temporary site storage compound, to extend the period of approval for a further 2 years was APPROVED under PA 18/00682/B. The application states that the site has become inseparable from the estate renovation project, given its location. The application also states that the original requested period until September 2020 has not changed. The submitted plan shows that the renovation works are near the application site. - 3.8 The officer report argues that there is insufficient harm, and perhaps a wider public benefit, that might be said to arise from the use of the site for the manner proposed that has to be balanced against the nearby and short-term impacts arising from the site's use for this purpose. Besides the date the use should cease, the same five conditions have been imposed on the approval. Most Recent Application - 3.9 Creation of a temporary storage compound was APPROVED under PA 21/00686/B. The proposal includes two shipping containers, a portable toilet, and construction materials. There were six conditions attached to the approval. - 3.10 The approval use was limited to 1st April 2022. The operation hours are restricted to 8:00-16:30 between Monday and Friday and 8:00-13:00 on Saturday. The condition also limits the maximum height of items to 2.4m. Conditions also prohibit manufacturing activity. Lastly, a condition requests a remediation plan for the site within 28 days of seizing site use. - 3.11 In the cover letter, the vehicle involved contains a works van, a flatbed truck and a hiloader. - 3.12 Compared to the current proposal, the hours of operation and the intensity of activities for the approved application are significantly lower than those of the current proposal. - 3.13 The applicant states that requesting more time for the site as a builder's yard is due to several delays experienced by the refurbishment programme, primarily the COVID-19 lockdowns.
4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East. Strategic Plan - 4.2 The Isle of Man Strategic Plan 2016 (IOMSP) holds the following policies that are considered materially relevant to the assessment of this current planning application:
4.3 The Isle of Man Strategic Plan has no assumption in favour of new development. In decision-making, this means that where a planning application conflicts with the Plan, approval should usually not be granted. The following is a highlight of policies listed in 4.3.
4.4 Strategic Policy 1(a) considers optimising redundant and under-used buildings as "making the best use of resources". IOMSP - Transport and Parking - 4.5 Strategic Policy 10, Subsections (h), (i) of General Policy 2 set out that proposals should satisfy the safety, efficiency, and accessibility requirements (including parking provision) of all highway users (particularly pedestrians) whether possible. IOMSP - Amenities - 4.6 Subsections (g) and (h) of General Policy 2 set out that amenities enjoyed by the site and the site around it should be protected or preserved. IOMSP - Pollution - 4.7 Environment Policy 22 states that development with unacceptable pollution impacts on current and future land use is not permitted. In the meantime, paragraph 7.17.1 does state that it is not the role of land use planning to duplicate controls, which are the statutory responsibility of the other agencies, including other directorates within the Department. Planning Policy Statement and National Policy Directive - 4.8 No planning policy statement or national policy directive is considered materially relevant to this application.
5.1 There is no other strategy or policy considered materially relevant to this application. - 6.0 REPRESENTATIONS
6.1 Douglas Borough Council has no objection to this application (23.08.2024).
6.2 DoI Highway Services has no objection to this application (12.08.2024). The comment states there is no significant negative impact upon highway safety, network functionality and/or parking. - 6.3 DoI Highway Drainage wrote in (01.02.2024) reminding the applicant that no surface water should run off to a public highway. - 6.4 DEFA Inland Fishery (28.11.2023) has no objection to this application. The comment states that there is no adverse effect on the adjacent watercourse. As the proposed works are close to the watercourse, precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river. - 6.5 Eight neighbouring properties were notified. Five written comments were received from the owners/occupiers of the following properties:
6.6 The comments received contain the following material considerations:
7.1 The proposal has a few elements:
7.2 Given the mix of uses within the site it would not be appropriate to consider is as a waste transfer station.
7.3 The storage is for the renovation project only, guaranteeing its temporary status. However, the renovation project has been constantly delayed for several reasons. Although the temporary status is guaranteed, there is no guaranteed date for the use to cease. - 7.4 In summary, the proposed use is storage and distribution for construction activities. Therefore, the site is considered a temporary builders' compound (sui generis) rather than the typical Class 2.4 for storage and distribution. Elements of the Assessments
7.6 The main considerations for this application are the principle of the change of use, its impact on residential amenities to the nearby houses, around the estate, and the character and appearance of the area. Principle of the Proposal - 7.7 While the site has been used as a builders' compound since 2016, this proposal differs from the previous approvals for a few reasons. - 7.8 The site was initially used for storage when the phases of the renovation project were near the site. The 2016 application confirmed that using the site would not meet the Permitted Development (Temporary Development) Order requirements. Hence the need for the first application. The 2016 and 2018 applications were for renovation work close to the site. While such proximity does not automatically entitle the site to continuous use, it was intuitive to use it for storage at that time. - 7.9 For this current application, renovation work has moved further away from the site. There is not normally a requirement to demonstrate need or to assess alternatives. That being said, and whilst the applicant has not submitted information to assess alternative sites, it is understood that given the need to be close to the ongoing works and of sufficient size there are limited options. Furthermore, the vacancy, size and distance of the current site are still material factors in its favour, although perhaps weaker than previously for the previous applications given the focus of the works has moved. - 7.10 In addition, the intensity of use has been increasing compared to that of the 2016 application. Comparing the photos submitted for the previous application and the current site, as well as the planning statement for all the applications, the area covered by storage within the site, the variety and volume of materials stored and the number of vehicular movements involved have all increased significantly. In the meantime, it is noted that there have not been any conditions limiting the scale of activities within the previous approvals.
7.11 Based on the observation in 7.10 and the applicant's statement, the need for the site has moved from being supplementary to essential to the estate renovation project. - 7.12 In summary, the proposed use has the following characteristics
Neighbouring Amenities
7.13 Summarising from the neighbouring comments, there are three impacts of using the site: dust, noise, and traffic. Neighbouring Amenities - Dust - 7.14 Dust is a form of air pollution, and there are two dust sources on the site. The first is the untreated ground, and the second is the use of the skips. The site is small, and the dust generated is only around ground level, so the effect of the dust is limited to the buildings immediately surrounding the site. The frequency of the dust is closely linked to the frequency of the vehicular movement and the frequency of using the skips. - 7.15 Neighbouring properties have complained about the dust affecting their daily life. It is reasonable to conclude that dust negatively impacts the quality of life of immediate properties. The intensity of the dust has increased with the more intensified use of the site over the past ten years. Neighbouring Amenities - Noise - 7.16 The noise comes from the vehicular movement, particularly from the reverse alarms and materials handling. The reverse alarms cannot be turned off or conditioned to be reduced, given they are regulated by health and safety regulations. Reverse alarm is particularly disturbing, given its high pitch compared to typical noise. - 7.17 Since the noise is mainly traffic-related, the site's intensifying use also means the noise's intensity has increased in the past 10 years. In the meantime, residents have a variety of life patterns, so people who spend more time at home during the day are more affected by the noise despite conditions that have been set to restrict the site's opening hours. - 7.18 There have been comments that the site operates early in the morning and on bank holidays. An opening time condition is meant to prevent these from happening. Violation of the rule does happen, but it cannot be considered a material consideration. Neighbouring Amenities - Traffic - 7.19 The proposal does generate more traffic. However, given that there is no objection from highway services, impact on traffic is considered acceptable. Neighbouring Amenities - Summary - 7.20 Based on 7.13-7.19, it is very clear that the amenities of neighbouring properties are reduced by using the site as a builder's compound. Neighbouring Amenities - Mitigation and Conditions - 7.21 The site is too small for any effective dust/noise/traffic reduction measure, and many measures are beyond the limit of planning. Conditions can restrict the opening hours and the number of shipping containers and skips stored on-site. A condition cannot control the number of vehicles since the Department cannot enforce such a condition. A condition cannot control the volume or type of materials being stored for the same reason. Therefore, conditions have a very limited impact on reducing the harm to the amenities of the neighbouring properties.
8.1 The necessity of the site in facilitating the public benefit from the Willaston Estate Renovation Project outweighs the increased negative impact on neighbouring property, given the renovation work is still close (although not immediate) to the site and no alternative site is available. - 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:
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:…14.04.2025 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 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 14.04.2025 Application No. : 23/01226/B Applicant : Douglas City Council Proposal : Use of plots of 60 and 62 Snaefell Road as a temporary site storage compound (partial retrospective) lasting until March 2026. Site Address : Former Site Of 60 And 62 Snaefell Road Douglas
Isle Of Man
Planning Officer :
Peiran Shen
Presenting Officer
As above
Addendum to the Officer’s Report
Two additional comments were received after the agenda was published, both from 56 Snaefell Road. These two comments were reported verbally to the Committee in the meeting on 14th April 2025.
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