1 February 2024 · Delegated
Land Adjacent To, Clock Tower Industrial Estate, Foxdale, Isle Of Man, IM4 3hp
The application sought to use an existing industrial plot just off Mines Road, Foxdale, for the parking and storage of a small number of commercial vehicles. The site, which is scrubby in character with gravel to its centre, sits within the Clocktower Industrial Estate — an area with a long history of vehicle storage dating back to at least 2010. The officer assessed the proposal against issues of principle, character and appearance, neighbouring amenity, highway safety, flood risk, and ecology. On principle, the site is designated for light industrial use and storage and distribution falls within the relevant use class, making vehicle parking acceptable in land-use terms. The industrial character of the estate meant the proposed vehicles would not look out of place. Because the proposal involves no built development, its impact on the contaminated land was judged minimal.
The proposal was approved because parking commercial vehicles on a light industrial site is consistent with the site's designation and the relevant use class for storage and distribution. The vehicles would not harm the character of the industrial estate, highway safety was not compromised, and the absence of built development meant contamination risks were minimal. A condition limits use to the specific vehicles listed to safeguard the environment.
Policy - The site between Bawden's Shaft/ the former brickworks, and Maghie's Quarry - now known as the Clocktower Industrial Estate - shall be designated for industrial purposes
The following polices are with regards to the site being within an area on Contamination
## 2.16 F/P/E/1 POLICY The site between Bawden's Shaft/the former brickworks, and Maghie's Quarry - now known as the Clocktower industrial estate - shall be designated for industrial purposes as was approved under PA 88/1161 (see Section 4). However, any proposals for further development of the site must include a review of the existing drainage infrastructure which has been installed within the site to ensure that all works have been undertaken such that any contamination present does not spread through the water courses to other parts of the village and beyond. All pipework must be non-porous and attention should be paid to the treatment of the banks of Struan Barrule to provide for geotechnical stability, safety, pollution control and access for maintenance vehicles working on the river banks themselves.
Policy - In areas where there is a known risk of heavy metal pollution
The following polices are with regards to the site being within an area on Contamination
## 2.17 F/P/E/2 - POLICY In areas where there is a known risk of heavy metal pollution (see paragraph 2.2i), the following guidelines must be applied when a development is proposed: i. any development proposal must be accompanied by a full site investigation including both geotechnical and geochemical reports. ii. planning applications should address the best practical options for dealing with any contaminated fill either by removal to an approved site or by isolating it in situ. iii. where, for historical reason mine spoil is existing within a development and it is unrealistic to remove/cap it, then adequate landscaping should be specified. This may include a low-cost solution of revegetation with indigenous species provided that the Department can be satisfied that an adequately stable surface can be created. This is particularly important where slopes in spoil are adjacent to stream courses and in such cases the Government may wish to enter into a joint scheme to obtain other benefits for the community such as an access, nature trail or river bank stabilisation programme. If possible, any future landscaping scheme should include an area of impeded drainage in the hope that nature can be assisted to re-create the varied and valuable plant community previously existing and including northern marsh orchid Dactylorchis and Adderstongue Fern, Ophioglossum Vulgatum. iv. where proposals contain existing or proposed slopes made or cut into toxic fill/mine waste adequate attention must be paid to slope stability, likelihood of gullying or other threats which may mobilise toxic materials to the environment. v. planning applications should show how any toxic fill is to be prevented from being mobilised both during the course of development and afterwards. vi. surface and stormwater drainage must be fully specified in plans where the land contains toxic fill/mine spoil. The general principle will be to keep surface waters and subsurface drainage away from the fill where practical. Thus drainage from roofs and tarmac/concrete must be routed through solid-walled pipes to the stream network. vii. if possible schemes should be value-added in environmental terms: for example where field drains carry water into an adjacent area of spoil the developers should be encouraged to construct interceptor drains to avoid water entering spoil beneath the development. viii. no soakaways will be permitted in these areas. ix. plans which show proposed open space (grassed areas, gardens, etc.) over toxic waste should show in adequate detail how toxic material is to be isolated from both exposure at the surface and the ingress of drainage water. This will normally mean either the use of clay or installation of a membrane barrier. x. no bare ground, either as open space or trackways, made of spoil or toxic waste should be permitted. Where activities are likely to cause wear to the surface then those areas should be capped with an inert cover to a standard specification. xi. a condition may be attached to any planning approval granted such that adequate aftercare/landscaping is undertaken. NOTE: Further to the Government obtaining other benefits from the development, such as a nature trail, the Manx Nature Conservation Trust may be of assistance in terms of practical land management to conserve and enhance the habitats and their constituent flora and fauna, production of a nature trail, provision of interpretation boards leading guided walks and field study/educational courses, giving talks and slideshows to the local community and other groups.
Industrial development shall only be permitted within the scheme area where this is of the type described as light industrial
The following polices are with regards to the land zoning of the site
## 4.11 F/P/I/2 - POLICY No further development except that with existing detailed approval and relevant conditions thereeto shall be approved in the above industrial area until such times as the appropriate course of remedial action as proposed by the environmental study has been carried out to the satisfaction of the Department, is satisfied that adequate provision has been made for the restoration and decontamination of the industrial area.
No further development except that with existing detailed approval and relevant conditions thereoto shall be approved in the above industrial area
The following polices are with regards to the land zoning of the site
If the opportunity were to arise, the Department would encourage the relocation of the scrap yard
The following polices are with regards to the land zoning of the site
## 4.12 F/P/I/3 - POLICY If the opportunity were to arise, the Department would encourage the relocation of the scrap yard at the southern end of the A3 to the industrial area. the site, including the Youth Ccentre, may then be redeveloped for residential or retail purposes or any other purpose which would not conflict with the objectives of this plan. RETAIL
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Notwithstanding the information provided within this application, permission is only granted for the parking of a tractor unit, a 7.5 tonne truck and a 9m long trailer as shown on the Proposed Site Plan, dated 18th December 2023 and a pallet truck as stated on an email dated 29th January 2024, and no other vehicles or items.
Minor changes application to PA 15/00978/B involving alterations to road design, width of carriageway and footpaths
Erection of 26 dwellings with associated highways, public open space, drainage infrastructure and landscaping
Residential development of 24 dwellings with parking arrangements, roads, vehicular access, sewers, services, open space play facilities and landscaping
Erection of timber stables
Access amendment works
Erection of an agricultural storage building
Approval in principle for residential development comprising 27 dwellings
Erection of stable building