change of use of part of Kirby Farm from agriculture to light industry storage and warehousing, Vicarage Road, Braddan
approved on appeal
17 December 2015 · Committee
Field 522159, Cooil Road, Douglas, Isle Of Man, IM4 2az
Permission was granted by the Planning Committee on 17 December 2015 for Jacksons (C.I.) Limited to develop a multi-franchise car dealership at fields on Cooil Road, Braddan. The scheme includes two showrooms, an after-sales building, a valeting building, associated roads, drainage, and landscaping, along with highway works including a new roundabout. During the application process, the scheme was amended following discussions with the Forestry Division. Eleven trees were removed from the proposals, but seven grade A quality specimens were retained. The site has a 330m frontage to Cooil Road, with 240m forming the active development area. Approval came with nine conditions addressing tree protection, highway safety, ecology, flood management, visual impact from the surrounding landscape, and landscaping.
The Planning Committee approved the application for a multi-franchise car dealership on Cooil Road, Braddan. Approval was subject to nine conditions covering matters including tree protection, highway safety, ecology and flood management, landscaping, and visual impact. A condition was also attached limiting the scope of any future additional buildings on the site, given that the main development had not yet been implemented.
Refusal Reasons
New development will be located primarily within our existing towns and villages
Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.
Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
development recognised to be of overriding national need
The countryside and its ecology will be protected for its own sake
Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need
Area Plan for the East sets out locally-applicable means for implementing the policies set out in the Isle of Man Strategic Plan 2016. In that Strategic Plan, we find the Environment Policies. Environment Policy 1 states: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over- riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. Maintaining the purpose of this Area Plan as a means of implementation, there is some further direction to be found in the Strategic Plan, at paragraph 7.2.1: 'Whilst landscape and coastal change is inevitable, and in some cases desirable, the emphasis must be on the appropriateness of this change and the balance or equity between the needs of conservation and those of development. The primary goal must therefore be to respect, maintain and enhance the natural and cultural environment including nature conservation and landscape and coastal quality, and ensure its protection from inappropriate development.' Given the comprehensive nature of the Isle of Man Strategic Plan's Environmental Policies, only a small number of additional Proposals and Recommendations are necessary. In order to produce an implementable Area Plan for the East it is necessary to recognise those statutory desig nations and strategies which whilst having an Island-wide scope are highly relevant to the protection of environments within the Plan Area. An example is the UNESCO Biosphere status afforded to the Isle of Man. Island-level strategies identify crossborder issues and take account of the cumulative impacts of human engagement with nature. Area Plan Objectives i. To protect, conserve and enhance the natural and cultural environment of the plan area and promote biodiversity. ii. To improve the function, usability and provision of our green infrastructure and public spaces by providing a network of green spaces and features which are connected and where possible, accessible to the public. iii. To manage and improve flood risk and improve drainage conditions. iv. To support the working countryside and its custodians in maintaini ng a sustainable rural economy. Area Plan Desired Outcomes i. Where approved, d evelopment will be ecologically sustainable and designed to protect and where possible enhance biodiversity as well as mitigate and adapt to the effects of climate change. ii. The Green Infrastructure network will be established and fostered, connecting people with nature in a way that achieves the best shared outcomes for the urban and natural environment. iii. Statutory and non-statutory designations will continue to provide protection to the most important and most vulnerable cultural assets, habitats and environments in the plan area. iv. Beyond the towns and villages, the area as a whole will retain its landscape setting including its important visual interaction with the central uplands, central valley, coast and marine environment. Natural Environment Proposal 1 The Department supports the protection, creation and improvement of green infrastructure in the East, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Applications for development must take into account any approved Government Green Infrastructure Strategies, but in any case, must identify how development proposals intend to contribute to the long term provision of a network of connected green spaces. UNESCO Biosphere In 2017, the Isle of Man became the first ever entire nation to achieve UNESCO Biosphere status. Project partners pledge to take steps to protect natural resources, develop the economy in a sustainable way and promote outstanding living landscapes. UNESCO Biosphere Reserves are established to connect people and the economy with nature, wildlife, culture, heritage and communities. Biosphere Reserves have three functions: Conservation: to contribute to the conservation of landscapes, ecosystems, species and genetic variation. Development: to foster economic and human development which is socio -culturally and ecologically sustainable. Logistic support: to support demonstration projects, environmental education and training, research and monitoring related to local, regional, national and global issues of conservation and sustainable development. The Isle of Man Biosphere is zoned into six areas . Examples of all of these can be found in the Eastern area: Terrestrial Core areas, Marine Core areas, Terrestrial Buffer zone, Marine Buffer zone, Terrestrial Transition areas and Marine Transition areas. There is some overlap with The Isle of Man's First Biodiversity Strategy 2015-20
On land zoned for industrial use, permission will be given only for industrial development
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 except where either: (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viabil ity of the appropriate town centre shopping area. 9.2.7 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 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. Where mezzani ne levels are proposed after a building has been completed, the Department may require more parking space to accommodate the additional traffic which would be generated. The standards of parking provision which will be required are set out in Appendix 7. 9.2.8 Local requirements for industrial development of a particular sort will be identified during the preparation of Area Plans. The Department is aware that, within some parts of the Island, there is a demand for small "starter units".
Condition 1
The development hereby approved, that is the creation of a new access and roundabout and erection of two car showrooms and car servicing unit together with associated landscaping and car parking shall be begun before the expiration of four years from the date of this decision notice. For the avoidance of doubt no approval is hereby granted or implied to any retail sales on the site other than of motor vehicles and ancillary sales of associated goods relevant to these sales.
Condition 2
Prior to the commencement of any other works on site, the tree protection measures shown in drawing 03C must be implemented in full. Thereafter and for the duration of the building works the protective fencing must remain in place and the protected areas not used for any storage, vehicle parking nor any building nor excavation undertaken within them.
Condition 3
Following the protection of the trees, no other work may be undertaken on site prior to the creation of the access into the site and the highway improvements as shown in drawings M1085.A.01.03PA Rev A and M1085.A.01.04.PA Rev A must be implemented.
Condition 4
No development may be implemented prior to the approval of the detailed means of disposal of surface water from the site including mitigation of increased surface water flows from the site into Middle River and the drainage must be implemented in accordance with those details.
Condition 5
No illumination may be implemented until such times as the lighting proposed around and affecting Tree numbered 170 has been the subject of further proposals demonstrating that the lighting will not adversely affect any nesting owls or bats in the vicinity of this area of trees and the lighting must thereafter be implemented in accordance with these details.
Condition 6
Prior to the application of any external finish on Showroom 2 and the service building, samples of the proposed finish materials must be approved by the Department and thereafter implemented in accordance with those details.
Condition 7
Prior to the occupation of any of the buildings, a scheme for the treatment of the areas which are shown for future expansion must be approved by the Department and implemented and maintained as such until such times as approved development is implemented here.
Condition 8
Prior to the introduction of the trees along the south western boundary of the site, details of the species, size and maturity of the trees to be introduced together with the position and number, must be approved by the Department and implemented in accordance with these details. These trees site must be introduced at the latest, in the first planting season following the commencement of any work on site. Other than this, all planting, seeding or turfing comprised in the approved details of landscaping 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.
Condition 9
No approval is hereby approved to the principle of further development on the site as shown in the submitted plans.
Department of Infrastructure depot
approval in principle for the erection of light industrial units, land adjacent to EB Christians and White Hoe industrial Estate
approved on appeal
change of use of part of Kirby Farm from agriculture to light industry storage and warehousing, Vicarage Road, Braddan
approved on appeal
relocation of existing stone recycling area and creation of industrial starter units, adjacent to the Energy From Waste Plant
approved on appeal
relocation of stone recycling area and creation of industrial starter units, land adjacent to the Energy From Waste Plant
approved on appeal
development of light industrial units on the land to the south of Eden Park garden Centre
approved at appeal
principle of the creation of a car franchise dealership on the land immediately west of the application site