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The site represents the former Castle Industries factory building situated within the Ronaldsway Industrial estate opposite Ronaldsway Airport. Access to the site is via the roundabout to the south west of the Airport, past the newly converted Airport Hotel, Forrest House and via a new access way across presently undeveloped land (which has permission in principle for a science and technology type development - see below) to the rear of the Castle Industries site. The site has a large warehouse type building on it which sits alongside a presently vacant warehouse which has planning permission for conversion to a bowling alley (see below) and which sits beside a building which has been converted to a computer hosting facility for Domicilium. There is access available to the application site from the front, past the front of these two adjacent properties and which is oppose the Post Office premises and facilities operated by Manx Family Services which include offices and a nursery.
The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Existing Predominantly Industrial.
Only one application has been submitted in respect of this site:
PA 94/1230 - provision of advertising sign – permitted
Also in the vicinity the following applications have been considered:
PA 07/0032 – change of use of warehouse adjacent to the site to family leisure facilities – permitted PA 06/2144 – conversion of building to a data centre and erection of external plant, security fence and CCTV, former Shoe Factory Building – permitted PA 06/0260 – conversion of former Shoe Factory to vehicle sales and servicing – refused PA 06/1554 – approval in principle for construction of science and technology part incorporating light industry, storage, internet hosting, data storage and other computer services, land to the rear of the application site and across which the new access will be created – permitted PA 04/2006 – refurbishment, extension and change of use of existing office building to form children’s nursery and family centre – Barrule House, opposite the application site – permitted 07/01041 - erection of industrial unit with offices on land at the end of the estate road, alongside the railway line.
Proposed now is the change of use of the building and the site to accommodate the headquarters of JCK Limited who are involved in demolition which in turn gives rise to the sorting and dealing with waste from construction and demolition sites. The applicant has confirmed that this is not to be a civic amenity site, no organic matter will be dealt with on site or a waste disposal site but simply a transfer site where waste will be sorted for onward transportation. There will be no stone crushing equipment on site. Water will be collected on site in tanks below the rear yards where the water will be filtered and recycled where appropriate and sediments removed to an authorised site. They suggest that there is presently no filtering of surface water from the site.
The transport assessment includes reference to the recycling of waste such as glass, cardboard and cans. Reference is also made to an area of the site being used for the sale of plant and machinery - a replacement for the applicant’s existing operation at Balthane Industrial Estate. Their preparation for the application included taking an 8 wheel tipper lorry to the site and demonstrated that such vehicles may travel to and from the site without needing to encroach upon the other side of the estate road.
Customers visiting the site will include those wishing to deposit or purchase recycled material. Other traffic generated includes the coming and going of the 7 office staff presently employed at Balthane, that of the 7 fitters relocated from balthane and 3 recycling operatives, 15 tipper lorries relocated from Balthane, the movement of the 15 tippers lorries includes up to 7 trips per day for half of them, picking up and taking away material, half on private hire leaving first thing in the morning and coming back in the evening, two low loaders transporting plant up to 5 return trips per day each, movement of non JCK plant making up to 10 trips to the site per day. All of these trips presently occur on the Island, although not at this site and the centralisation of the functions will avoid presently unproductive trips between Balthane and Lhergydhoo Sandpit. The total number of vehicle movements per day - worst case scenario is 32 private cars in and 32 out, 135 tipper lorries in, 135 out, 15 articulated vehicles in, 15 out.
The transport assessment concludes that compared with another industrial use of this building, the proposed use will result in a reduction in traffic movements and fewer movements by large articulated vehicles.
The plans show the increase in height of the existing boundary bank/hedge to the rear of the hotel from 1m to 5m which will also have shrubs planted on it. There will be an external recycling area at the rear of the building and behind the building which has permission for leisure use.
Malew Parish Commissioners initially indicated that they did not object to the application. However, a later e-mail was received which states "Further to my letter dated 15th January, the Commissioners have reviewed the application and now wish to object to this application as it appears that the materials to be recycled at the proposed site are of a hazardous nature and also the site is unsuitable for this kind of operation". They now object to the application.
Manx Electricity Authority recommend notes regarding existing and proposed electricity supplies - these are matters between the applicant and the Manx Electricity Authority and should not be referred to in any decision notice.
Ellis Brown on behalf of the Sefton Express which lies to the rear of the site object to the application on the basis that traffic associated with the proposed use will adversely affect the amenities of those within the hotel. The safety of pedestrians visiting the hotel would be compromised by the heavy traffic associated with the proposed use. There is insufficient detail within the application to demonstrate how vehicles would manoeuvre within the site and how all the proposed uses would be carried out. The area is becoming a mixed use zone, from the heavier industrial use it used to have and the introduction of a heavy industrial use would be detrimental to the area and those within it. There is no Environmental Impact Assessment as required by the Strategic Plan. Noise from the proposed use would be detrimental to the use of the hotel. They refer to the following Strategic Plan policies in support of their objection: Waste Policy 1, Appendix 5, General Policy 2, Transport Policies 3, 4, 6, 9 and 10.
Mr. Cregeen MHK objects to the application on the basis that the use will be detrimental to the surroundings where children play and the use of the area is becoming higher quality and a number of submissions to the Southern Plan have indicated that the area should become a Business Park.
Hugh Logan Architects on behalf of the owners of the adjacent site and the land across which the site will have its access indicate that the application does not include in its traffic assessment the traffic which will be generated from their approved use.
The owners of the warehouse alongside the site indicate that they are to progress their approval for leisure use of the building alongside and the proposed use would be detrimental to this.
A resident of Port Soderick has no objection to the application and considers that it complies with the Strategic Plan policies.
The occupants of the building on the corner of the industrial part of the estate, Domicilium, object to the application on the basis that the traffic generated by the proposed use would be detrimental to the operation of the remainder of the estate.
The owner of Netherby, Douglas Road in Castletown objects to the application on the basis of "noise, pollution, traffic, emissions, health and safety and violation of his right to privacy"
The owners of Braemar object to the application on the basis of hazardous waste being brought to the site, noise, smells and traffic which would be generated by the proposed use.
The Ballasalla and District Residents' Association express concern about the nature of waste to be brought to the site which has a children's centre and hotel nearby.
The owners of Silverburn, Brookfield Avenue object to the application on the basis of the storage of materials up to 6m high which will attract vermin, noise and pollution and heavy traffic entering the site.
The owner of Creggans, Brookfield Avenue notes that the area has become host to lighter and more visually acceptable uses and that the proposed use would be visually unacceptable to the residents of Brookfield Avenue and the area generally, there may be problems of dust, noise and pollution.
The owners of Bourne Court in Brookfield Avenue object on similar grounds to their neighbours.
The Isle of Man Post Office who have premises within the estate object to the application on the basis of the increase in the amount of traffic using the estate road, hazards being created particularly to pedestrians, noise and dust problems all of which make the site unsuitable for the proposed use.
The owners of The Maples, Tregea House, Cintra, Woodford, Thie Grianagh, Garey Greiney, Ngong, and numbers 1 and 2, Brookfield Avenue, all in Brookfield Avenue object to the application on the same basis as their neighbours.
Castletown Commissioners object to the application on the basis that the site is unsuitable due to the proximity of the hotel and residential properties, traffic would increase and there may be issues of noise and dust.
The Nicholson group who own adjacent land to the application site object to the application on the basis that there is insufficient detail in the application, there is no information about dealing with surface water, the drawings are not to scale, the proposed works are not clearly marked, there is no north point, the use would affect the character of the estate and the inclusion of sales of the material is contrary to planning policy.
Ronaldsway Aircraft Company Limited who have premises on the estate wonder whether the estate road and access can satisfactorily accommodate the additional traffic and whether there are appropriate methods of dealing with the waste.
Whilst the estate is designated as Predominantly Industrial, the estate is presently characterised by two styles of development - the modern, less utilitarian style buildings which are set in relatively spacious sites - such as the hotel, Forrest House and the Ronaldsway Aircraft building and the more industrial-style low pitched roofed buildings which have less space around them and which are generally basic in form and appearance. Some of the buildings are presently unoccupied and the general character presently is one of low levels of use, few if any large or heavy vehicles. The uses recently permitted are in keeping with this - the permission in principle granted for the land across which the access to this site is to be formed is for science and technology, light industry and not the heavy type of industry proposed here. The change of use of the adjacent warehouse to leisure uses is also a different style of use as is proposed here. The existing uses in the vicinity - the children's centre facilities, offices and hotel are also a quite different form of land use although the permission which has been granted for the industrial unit at the end of the estate road could result in some heavier traffic than is presently using the estate. This compares with Balthane Industrial Estate which is visually and in terms of use although not exclusively, characterised by heavier industrial use, frequented by heavy goods vehicles and with noisier and less clean activities.
It is considered that the introduction of the recycling facility as is proposed will bring with it heavier and larger vehicles, potentially dusty materials, some of which would be stored outside as shown on the plans, the external storage of materials and a use which is not compatible with the existing and approved uses in the immediate vicinity. It is also considered that the use of the new access road across the adjacent site approved in principle for a mixed form of development including science and technology in terms of the nature of the traffic passing through the site and would also be detrimental to the use of the hotel which is alongside the site in terms of the appearance of the site (the stored material) and potential noise of the traffic generated and the activity on the site resulting from the proposed use.
Whilst the transport assessment compares the traffic generated by the proposed use with any other authorised use of the site, the permitted use of the building is a factory and the traffic generated by this use would depend upon the nature of what is processed and produced within the building. It is also relevant that the adjacent building, also a warehouse/factory has had permission for change of use to a leisure facility which will not involve any articulated or particularly heavy goods vehicles frequently visiting the site at all. Also, the nature of the uses which have been proposed immediately alongside the application site are much lighter, less industrial uses and as such the nature of the traffic generated is less heavy as a result. It is also relevant that the demand for manufacturing premises is significantly less in recent times than previously and the building in question has not been used for manufacturing for some time, thus undermining the theory that the building could be used for manufacturing at any point in the future.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The residents of Brookfield Avenue, Netherby, Braemar are all separated from the site by at least 200m and as such could not be considered to be directly affected by the development and should not be afforded party status in this case.
Mr. Cregeen MHK, BADRA and the resident of Port Soderick are not directly affected by the proposal and as such should not be afforded party status in this instance.
Castletown Commissioners are not the local authority in which the development is proposed and as such are not directly affected by the development and should not be afforded party status in this instance.
The Nicholson Group, Ellis Brown on behalf of the Sefton Express hotel, Hereford Limited, Arwen and Domicilium all own land immediately alongside the site or the access to the site and as such should be afforded party status in this case
Ronaldsway Aircraft Company and the Post Office both use the access road which will be used to access the application site and as such should also be afforded party status in this instance.
The Manx Electricity Authority raise issues regarding working practices around existing supplies, which are not material planning considerations and as such the MEA should not be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 01.04.2009
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
Whilst the site lies within an area designated for Predominantly Industrial use on the Isle of Man Planning Scheme (Development Plan) Order 1982, the present character of the estate is light industrial and incorporates non-industrial uses such as the children's centre offices and nursery, the post office, the offices at Forrest House and the Sefton Express hotel, which has permission for a significant extension for additional bedrooms towards the application site. In addition, planning permission has been granted for the change of use of the adjacent warehouse to a leisure facility and permission has been granted in principle for a research and development and light industrial development on the land over which the new access is proposed. As such, the introduction of a waste recycling facility as is proposed in this application would introduce a heavier type of industrial use with the potential for noise, dust and heavy traffic nuisance to existing and potential authorised users of the estate.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made: 9/4/09 Committee Meeting Date: 9/4/09
Signed: S. M. Smith Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☑ YES / ☐ NO
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