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Application No.: 23/01452/B Applicant: Mr Neil And Mrs Maureen Crompton Proposal: Creation of two light industrial units, creation of car parking, widening of entrance and landscaping Site Address: Land Off Stanley Mount Stanley Road Peel Isle Of Man IM5 1NY Planning Officer: Hamish Laird Photo Taken: 28.02.2024 Site Visit: 28.02.2024 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 16.05.2024
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: In the interest of maintaining the residential amenities enjoyed by occupants of adjoining dwellings.
shall include details of all planting and sowing, including size, species and numbers of trees and plants, ground preparation, management and maintenance, and measures to encourage and enhance the biodiversity of the site. All planting, seeding or turfing comprised in the approved details of landscaping as shown by drawing 49.3.07, must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Reason: To ensure that the development provides an attractive environment in accordance with Policy GP2 b) c) and d); and, Environment Policy 35 in the Adopted Isle of Man Strategic Plan (2016).
N . The applicant is advised to consult with the Fire Safety Department to discuss fire safety measures.
On balance, and bearing in mind the changes since the originally refused PA Ref: 06/01658/B scheme was considered; the approval of PA Ref: 07/02225/B for the same scheme as that currently proposed; the adoption of the Manual for Manx Roads in June, 2021; and, the coming into force of the Isle of Man Strategic Plan in 2016; it is considered that the proposal would not result in any adverse impacts to the surrounding area so as to warrant refusal. The visual improvements to the site would enhance the Conservation Area. Overall, it is concluded that the planning application is in accordance with Policies SP3, SP4, SP7, GEN2, ENV7, ENV10, ENV22 iii), ENV35, T4 and T7 of the Isle of Man Strategic Plan 2016 and is recommended for approval.
The development, hereby permitted, shall be carried out in accordance with the following approved plans and documents:
all date stamped received on 8th December, 2023. _______________________________________________________________
Additional Persons
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 mentioned in Article 4.2:
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021).
It is recommended that the owners/occupiers of none of the following properties should be given Interested Person Status as they are considered not to meet the requirement of being located within 20.0m of the site boundary; and, as such do not have sufficient interest in the subject matter of the application to take part in any subsequent proceedings mentioned in Article 4.2:
The above persons, therefore, do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021).
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 _____________________________________________________________________________
THE APPLICATION IS PRESENTED TO THE PLANNING COMMITTEE DUE TO NUMBER OF OBJECTIONS RECEIVED
1.0 APPLICATION SITE - 1.1 The application site comprises a vacant plot on varying land levels adjoining an existing stone built, double pile roofed, workshop building, and separate garage, immediately adjoining its NE boundary. These structures derive vehicular access from Stanley Road to the north of the site. The site also adjoins a Meeting Hall located immediately to the north, and residential dwellings to the east fronting onto Bridge Street; and, to the south and east in Stanley Mount. Vehicular access is derived via an existing gated access set in a 1.5m high Manx Stone wall on Stanley Mount with a ramped access track contained within the site allowing vehicles to reach the its lower level areas, and the rear of the existing workshop building. A heating oil tank adjoins the south side of the workshop adjacent to a pedestrian access door. A detached garage building is located on the site in the southern corner where it adjoins dwellings at the rear aspects and amenity areas of dwellings at 18-22 Bridge Street to the west; and, 1 - 5 Stanley Mount to the south. The site is presently unkempt with no trees on it. - 1.2 The site lies within the Settlement Boundary for Peel and is classified as being within a Mixed Use Area as shown on the Inset Map for the Peel Local Plan 1999. In the Draft Area Plan for the North and West on Draft Proposals Map 7 Peel Town Centre, the site is shown as being located in a 'Predominantly Residential' area. The site is located in the designated Peel Conservation Area. There are no Registered Buildings on or around the site. THE PROPOSAL
2.1 Proposed is the erection of a pair of a workshop buildings both contained within a single structure measuring 17.0m wide x 10.0m deep x 3.6m high to the eaves and 6.5m high to the ridge. The south facing frontage elevation would have 3.2m wide roller shutter door to the western element and a 6.9m wide roller shutter door to the eastern workshop. It would be constructed from blockwork which would be timber clad to the external elevations, under a grey metal profile sheet roof. Each roof slope would contain 4 No. translucent, non-opening, roof lights. Internally, the units would provide 80.5m2 each of open floor-space at ground floor level, and would have 1 No. wc's and a canteen area, each. No first floor or mezzanine level accommodation is proposed to be provided. - 2.2 Outside the pair of buildings would be served by the existing access track serving the site from Stanley Mount. Parking spaces for 7 cars including one disabled space are shown as
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.
07/02225/B - Erection of two light industrial units, creation of additional car parking, turning area, widening of entrance and landscaping at: Land Off Stanley Mount, Peel, Isle of Man. Permitted 3/3/2008.
04/02282/A - Approval in principle for a residential development of six town houses on derelict land, and garage - Refused on Review 4/11/2004. Refused at Appeal 7/6/2007.
96/01596/B - Erection of seven lock up garages and installation of W.C. to existing workshop, on site behind Stanley Road, off Stanley Mount, Peel. Permitted 1/3/97.
91/00343/B - Construction of new vehicular store, land at Stanley Mount, Peel. Refused 1/9/94. DEVELOPMENT PLAN POLICIES
4.1 In terms of local plan policy, the site lies within the Settlement Boundary for Peel and is classified as being within a Mixed Use Area as shown on the Inset Map for the Peel Local Plan
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains policies that are considered materially relevant to the assessment of this current planning application:
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, except where those uses would be inappropriate or incompatible with adjoining uses.
Policy GEN 2 (in part)
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:
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 Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. - 4.7 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 Peel Town Commissioners (29/2/24) comments: "The Commissioners believe the planning application will cause vehicle movement and parking problems on the surrounding streets particularly Stanley Mount and Circular Road. The Commissioners believe the access including visibility and the space for manoeuvring on the site is substandard and represent a road safety risk."
5.2 Highway Services (4/1/24) Comments: "The proposal would see the erection of two light industrial units on an existing site with mixed garage and vehicular use. The existing site entrance onto Stanley Mount will be used and car parking internally within the site will be formalised.
The existing site entrance onto Stanley Mount will be utilised for access/egress for the proposal, resulting in intensification of use. Stanley Mount is a narrow local access road. At the location of the access there is a sharp bend that provides no forward visibility for either direction. As a result, vehicle speeds would be low and in this instance a 2m setback would have been acceptable. The applicant's statement notes that frequent on-street parking is present along Stanley Mount. This is supported by historic street imagery from google and more recent internal department footage of the street. As a result, vehicle speeds will be further reduced due to weaving and crossing over carriageway required. Visibility splays of 19m to the left on exit and 14m to the right on exit have been provided from a 2.4m setback. The splay to the right is not drawn to the nearside edge of carriageway, however due to the narrow width of the lane and the favoured side for on-street parking, the drawn splay is accepted. The distance achieved to the left is suitable for speeds up to 15mph and to the right up to between 10-15mph. Due to the reduced speeds caused by the road alignment and on-street obstacles mentioned above, the visibility splays presented are acceptable to Highways, including the intensification of use the development will create.
The access is not aligned perpendicular to the highway, with an acute angle favouring access/egress in a north/eastbound direction. This could cause some access/egress issues for vehicles approaching from or exiting to the southern/western side. In order to make this manoeuvre easier, the proposal will also include widening of the existing access. This is welcomed by Highways to improve access. Due to the size of the units proposed, it is unlikely that long-wheel-based or heavy goods vehicles will be accessing the site. The alteration to the access and the highway, in the form of widening the access and dropped kerbs, will require a Section 109(A) Highway Agreement to be made post planning consent. Internally, the only development comes in the form of the erection of the two industrial units in the north-west corner of the plot.
Internally, each unit measures approximately 9.4m by 8m. The floor plans show gaps in the walls indicating access spaces. One unit has a single access of width approx. 3.2m, with the other unit showing a double access of approx. 6.9m width. Both accesses meet the Manual for Manx Roads requirement for vehicular access/garage width, in addition a separate pedestrian access is provided. The floor plans and the block site plan on the drawing 'Plan as Proposed' do not match. The floor plans indicate a double access on one unit, whereas the block plan shows both units to have a single access only. Whether the access on the unit in question is single or double does not bare significance to Highways, as the access is away from the highway and does not impact on internal movement or parking, but clarification may be sought by Planning or Building Control.
Light industrial units require one parking space per 30sqm of net floor space according to the Strategic Plan parking standards. With the units measuring approx. 75-80sqm (allowing for measurement inaccuracy), parking require would be three spaces per unit. The block plan has provided indicative locations of this parking requirement with three spaces aligned horizontally along the western boundary, and another three aligned vertically along the eastern boundary. Spaces aligned vertically in this location could cause access and egress difficulties, however, if
assigned to one unit management of the spaces can be easily achieved. There is further space adjacent to the existing garage along the southern edge of the site to provide parking for the existing garage and use.
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 titled 'PLAN AS PROPOSED'. The Applicant is advised that a S109(A) Highway Agreement is needed after the grant of planning consent.
Recommendation: DNOC Code definition DNOC - Do not oppose subject to condition"
5.3 Manx utilities Authority (MUA) (15/2/24) Comments: "Planning Department - we are satisfied with the percolation test." - 5.4 THIRD PARTY REPRESENTATIONS Representations have been received in the form of seven letters from the occupants of dwellings in the locality namely Beach Street, Bridge Street, Shore Road, Stanley Mount and Stanley Road, Peel. Concerns raised are summarised as follows;
6.1 In assessing this application, the main issues to be considered are whether the previously approved proposal for the same scheme (see PA Ref: 07/02225/B - for the erection of two light industrial units, creation of additional car parking, turning area, widening of entrance and landscaping - Permitted 3/3/2008), remains acceptable and/or whether there has been any material changes in circumstances - such as to the site and surroundings; or, to adopted planning policy that would dictate otherwise.
6.2 The site is within a Mixed Use area, although surrounding land uses are predominantly residential. As such, the use of the site for light industry is considered to be acceptable in principle. The issues to be considered therefore are access, parking arrangements, the manoeuvring area and impact on residential amenity as a result of the former issues. In order to make an accurate assessment of these issues, each will be considered in turn. Access - 6.3 The application proposes to widen the existing access to 6.5 metres which is the same width as previously proposed. 7 No. parking spaces are shown as being provided, this is the same number as per the previously approved PA Ref: 07/02225/B scheme. Since the previous approval was granted, the Manual for Manx Roads 2021, has been adopted by the Department of Transport Highways Division. Bearing in mind this update, DoI Highways has advised in its comments that it does not oppose this application. Parking arrangements - 6.4 The previously refused scheme (See PA Ref: 06/01658/B) proposed a total of 12 parking spaces, two of which were to be "tandem spaces", essentially blocking in two vehicles when all spaces were being used. Now, and as previously approved, proposed is a total of 7 spaces which would have the effect of allowing more space for both access and manoeuvring in and around the site. The Parking Standards as set out within the adopted Isle of Man Strategic Plan require sites used for light industrial use to have a parking provision of 1 space per 30 sq. m of floor space. This would result in a parking requirement of 5-6 spaces and as such the proposed provision of 7 spaces is acceptable. All 7 spaces would be accessible with
07/02225/B scheme. The reduction in parking spaces within the site in comparison to the previously refused PA Ref: 06/01658/B scheme should improve the ability for vehicles to manoeuvre in and around the site. There was also a reduction in size of one of the proposed light industrial units which again left more manoeuvring space. The application shows the 2 industrial units as being the same as previously approved. Whilst it does not provide tracking drawings to indicate how larger vehicles may turn within the site, the submitted site layout plan shows the provision of a hard standing area with a maximum width of approx. 12 metres compared to approximately 6.5 metres as proposed by the previously refused scheme.
Impact upon residential amenity
6.7 The current proposal would result in improved access to, and manoeuvring and parking arrangements, on the site. As a result of this the associated impact of the proposal upon the residential amenity of neighbouring properties would be reduced compared with the previously refused scheme. What is currently proposed has previously been accepted (See PA Ref: 07/02225/B) The comments received from neighbours raising concerns regarding the proposed development are noted. It is considered that the properties which border the site, particularly 1 to 9 Stanley Mount are adequately protected from the application site by existing boundary walls and that the proposed development would not result in increased activity above and beyond what is current site activity so as to warrant refusal. Of greater concern is the issue of increased congestion that could result from the development which in turn could impact negatively upon residential amenity. This issue formed part of the reason for refusal of the previous PA Ref: 06/01658/B scheme. However, it is considered that the revisions which are comprised within this scheme as now proposed would collectively result in significantly less impact to residential amenity as the site arrangement would allow better access, manoeuvring and parking. The proposal would also swerve to enhance the character and appearance of the Conservation Area by improving the derelict condition of the site and through the provision of landscaping. As such, it is considered that these proposals would be beneficial to neighbouring residents. Conclusion - 6.8 On balance, and bearing in mind the changes since the originally refused PA Ref: 06/01658/B scheme was considered; the approval of PA Ref: 07/02225/B for the same scheme as that currently proposed; the adoption of the Manual for Manx Roads in June, 2021; and, the coming into force of the Isle of Man Strategic Plan in 2016; it is considered that the proposal would not result in any adverse impacts to the surrounding area so as to warrant refusal. The visual improvements to the site would enhance the Conservation Area. Overall, it is concluded that the planning application is in accordance with Policies SP3, SP4, SP7, GEN2, ENV7, ENV10, ENV22 iii), ENV35, T4 and T7 of the Isle of Man Strategic Plan 2016 and is recommended for approval.
RECOMMENDATION
7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies and Policies SP3, SP4, SP7, GEN2, ENV7, ENV10, ENV22 iii), ENV35, 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:
8.3 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.
Decision Made : Permitted Committee Meeting Date: 10.06.24
Signed : Hamish Laird Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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