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Application No.: 21/00294/B Applicant: Haven Homes Ltd Proposal: Removal of Condition 6 of PA 19/01421/B, Erection of 11 units for general industrial/light industrial/storage/distribution with associated parking, concerning no discharging of surface water to adjacent Ronaldburn stream Site Address: Former Gas Storage Installation Balthane Industrial Estate Balthane Ballasalla Isle Of Man IM9 2AL Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 24.05.2021 _________________________________________________________________
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.
parking and turning areas shall thereafter shall be kept available for the parking and turning of vehicles associated with the development.
Reason: In the interests of highway safety.
Reason: To ensure that there are no adverse impacts on the Ronaldsburn watercourse during the construction phase of the approved development.
This application has been recommended for approval for the following reason. It is considered the application would be acceptable, complying with Isle of Man Strategic Plan
(2016) and The Area Plan for the South (2013). Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers;
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following organisation should not be given Interested Person Status as they are not 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 6(4):
The Derbyhaven Residents' Society Ltd,
as they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Department of Infrastructure (DOI) Flood Risk Management Division _____________________________________________________________________________
THE PLANNING APPLICATION IS NOT REQUIRED TO GO BEFORE THE PLANNING COMMITTEE GIVEN THE PROPOSAL IS CONSIDERED TO BE A MINOR AMENDMENT TO THE PREVIOUSLY APPROVED SCHEME
1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of the former Bulk Gas Storage Installation, Balthane Industrial Estate, Balthane, Ballasalla located to the south of the Balthane Road and west of JCK Recycling Yard. Until recently there was a small residential property situated to the south of the site. This has been demolished and the site is now used as part of the yard to the south west. - 1.2 The site has the Ronaldsburn water course on its eastern boundary which separates the site from the adjacent industrial yard. On the northern boundary of the site tree clusters which helps to enable the site blend with the well landscaped and vegetated adjacent industrial site and field situated about 30m north-west of the site. The existing access is currently gated off with mesh gates set back from the highway.
2.0 THE PROPOSAL - 2.1 The application seeks approval for the removal of Condition 6 of PA 19/01421/B concerning the discharging of surface water to adjacent Ronaldsburn stream. This condition stated:
"There shall be no discharge of water to the adjacent Ronaldsburn stream. Reason: To avoid adverse effects on the watercourse due to additional flows."
2.2 The applicants explain that: In discharging the condition 6 attached to P/A 19/01421/B the applicant is left with an approval for surface water drainage layout, bypass oil interceptor, sumped manhole, cellular attenuation tank, hydrobrake discharge chamber and reinforced concrete wall (all elements of the approved development) which would be rendered redundant and as such removal of condition 6 is therefore sought.
The applicant further states that when the application was originally submitted under PA 19/01421/B, the applicants experts submitted that the discharge rate is in accordance with MUA requirements and that MUA had no objection to the application on that basis or any other elements of the scheme. As well, the application site drains into the watercourse, and has always been the case to the knowledge of the applicant.
3.0 PLANNING POLICY - 3.1 The application site is within an area zoned as "Industrial" on the Area Plan for the South (Map 4) 2013. The site is also classified as a Major Hazard site on the Area Plan for the South (2013) Map 1: Constraints. The southeast section of the site is considered to have high likelihood of surface water flood risk as shown on the Isle of Man Indicative Flood Risk Maps. Given the nature of the application it is appropriate to consider the following policies of the Isle of Man Strategic Plan (2016). - 3.2 General Policy 2 states (in part): "Development which is in accordance with the landuse zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
3.4 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:
3.5 Paragraph 7.23.1 There are a number of installations on the Island that represent a constraint on development in the vicinity because of health and safety considerations. Such installations are essential Island facilities such as the petroleum and LPG storage at Douglas Harbour. The type of constraint posed to development varies by facility and therefore there will be a need for the Department to consult with the Health and Safety at Work Inspectorate regarding any development within such zones.
Environment Policy 29: In considering development proposals within Consultation Zones as designated on the Area Plans or published Consultation Zone Maps, the Department will consult with the Health and Safety at Work Inspectorate to determine the appropriateness of the development. In all cases, the health and safety of the public will be the overriding consideration. Developments which would conflict with the requirements of health and safety will not be permitted.
3.6 Paragraph 7.20.2 The practice of reclaiming contaminated land and bringing it back into beneficial use is supported, whether it be suitable in the end for open space or residential development or as deemed appropriate in the Area Plans. It is important that however former contaminated land is utilised, both health and property are safeguarded. Detailed surveys may be required to identify the extent of contamination and how contamination problems can be overcome. On sites where the Department has no control, the developer will have responsibility to ensure that any development site is free of contamination which may constitute a hazard to occupiers or potential users of the development or land. Furthermore, precautions will be essential to ensure that contaminants cannot escape from the site which may cause airborne or waterborne pollution or pollution of nearby land.
Environment Policy 26: Development will not be permitted on or close to contaminated land unless it can be demonstrated that there is no unacceptable risk to health, property or adjacent watercourses.
3.7 In addition to the IOM Strategic Plan, the Area Plan for the South 2013 also contains the following policies and paragraphs which are fundamental in the assessment of this application:
and safety implications. In these cases, Environment Policy 29 of the Isle of Man Strategic Plan, 2007, will apply.
4.1 The application site has been the subject of five previous planning applications, four of which are considered to be specifically material in the assessment of the current application: - 4.2 The most recent application for erection of 11 units for general industrial/light industrial/storage/distribution with associated parking, under PA 19/01421/B is considered to be particularly relevant given that approval was granted for the scheme subject to six 6) conditions; including Condition 6 which the current application seeks to remove.
"the development would not be so detrimental to highway safety or to ecology (or those two combined) that it should outweigh the positive aspects of the development in respect of new jobs, the economic benefits arising from the construction and the general wider economic benefits to the Islands economy at this particular time."
4.3 PA 13/91404/A for Approval in principle for the demolition of existing gas storage facility and erection of 11 light industrial units and associated parking - APPROVED. - 4.4 PA 16/00423/A for Approval in principle for the demolition of existing gas storage facility and erection of 11 units for purposes of general industrial or light industrial or storage and distribution along with associated parking - APPROVED by the Planning Committee.
4.5 PA 17/00378/B for Demolition of existing gas store, levelling of site and construction of retaining walls. Use of site for the medium term storage of site vehicles, containers and building materials - 10/00587/B - APPROVED
and all hazardous liquid products will be disposed of in appropriate contained into dedicated skips for removal from site".
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 The Department of Infrastructure (DOI) Highways Division has indicated that they 'Do no oppose' in a letter dated 2 April 2021. - 5.2 Representation from the Department of Infrastructure (DOI) Flood Risk Management Division confirms that that they 'Do not oppose' in the letter dated 24 May 2021. - 5.3 DEFA Inland Fisheries which had previously written in requesting additional information in a letter dated 19 April 2021, has stated that they have no objection to the application, provided that there is no adverse effect on the adjacent watercourse in a letter dated 21 April 2021. - 5.4 DEFA's Environmental Protection Officer has stated that the Environmental Protection Unit supports the removal of condition 6 providing an oil interceptor and attenuation pond is installed and maintained to protect the watercourse, given that it is common practice across the island to discharge surface water into the nearest watercourse; with other businesses in the area having various surface water discharges along the Ronaldsburn (21 April 2021). - 5.5 DEFA's Ecosystem Policy Officer has indicated support for the application and recommended that three conditions be imposed to cover;
5.6 Malew Parish Commissioners have stated that they have no objections to the application in a letter dated 8 April 2021. - 5.7 Manx National Heritage has written in to express concerns with the proposed scheme in a letter dated 20 April 2021 for the following reasons:
5.8 The Derbyhaven Residents' Society Ltd object to the removal of Condition 6 on the following grounds (07 April 2021):
5.9 The applicant has provided a response to the representations received which indicates the following (05 May 2021):
6.1 With the current application, the main considerations are:
6.2 Condition 6 was initially imposed to ensure that there are no impacts on the Ronaldsburn watercourse as a result of discharge from the application site should the application be approved at appeal. This is hinged on the fact that discharge schemes fail and present challenges that have long term impacts on nearby water courses, particularly for developments in industrial areas. It has, however, been established that other sites within the estate currently discharge surface water into the water course (as suggested by the Environmental Protection Unit) and as such it would be difficult to provide a justification for the exclusion of the application site, given that its operations would not be at variance with that acceptable within the area which is industrial, in addition to the fact that approval has already been granted for the scheme which includes the surface discharge element.
6.3 Whilst it is important to ensure that the surface water discharge does not introduce harmful substances into the Ronaldsburn watercourse (as is the intention of Condition 6), it would also be vital to ensure that appropriate mitigation for likely flood impacts in the future are averted via proper flood attenuation given that the southern sections of the site are considered to have high likelihood of surface water flood risk (as shown on the Isle of Man Indicative Flood Risk Maps). Therefore, since approval has already been granted for the development of the site with the increased hard surfacing and built-up element increasing the propensity for increased surface water discharge, it would be important for the approved surface water discharge management scheme (approved under PA 19/01421/B) to be implemented by allowing discharge into the watercourse, provided the proposed mitigation elements (which includes the bypass oil interceptor, sumped manhole, cellular attenuation tank, and hydrobrake discharge chamber) are properly installed and monitored for their efficiency and effectiveness.
6.4 It is, however, worth noting that a condition would be imposed to ensure that the drainage plan which was previously submitted under PA 19/01421/B is implemented prior to the operation (use) of the industrial units. As well, a condition would also be imposed to ensure the protection of the water course during the constructive phase (as requested by the Ecosystem Policy Team in their representation dated 30 April 2021); considering the potential for this element of the scheme to introduce environmental impacts associated with the discharge of sediments via run-off/leaching of bare soils as has been identified as a concern by the Derbyhaven Residents' Society Ltd (DRS) in their objection to the scheme. These conditions would ensure that any impacts on the watercourse would be minimal or at levels that would be judged not sufficient to warrant refusal of the application.
6.5 Another factor that weighs in favour of the removal of the condition is the fact that the development has already been approved, with the surface water discharge management scheme integral to the development and as such cannot be detached from the extant approval. Besides, any new measure or alternative discharge scheme other than that currently obtainable within the estate would be at variance with the approved scheme which was assessed and considered acceptable by the Minister. This is also the case for the suggested conditions related to the introduction of bird bricks/boxes as mitigation for the loss of nesting habitat on site by the Ecosystem Policy Team and the introduction of SuD's by the Derbyhaven Residents' Society Ltd (DRS) as these would be introducing completely new elements to an application that has already been approved. The suggestion of for the inclusion of a condition to secure the replacement soft landscaping is also not applicable given that condition 2 attached to the approval for PA 19/01421/B would achieve the same purpose as it clearly stipulates that a hard
6 which relates to the discharge of water from the site. Thus, the current scheme cannot be expanded to assess maters which have been previously accessed and for which decisions have already been made in the previous application.
6.9 It should be noted that the current application seeks to only remove a condition of the approval (condition 6) and as such the same conditions (C 1, 2, 3, 4 and 5) which relate to the original approval are still relevant to the approval and as such included again. The exception being a new condition 6 which relates to the provision of a Construction Environmental Management Plan to ensure that the construction works which would precede the installation of the approved surface water discharge management scheme (approved under PA 19/01421/B) do not have detrimental impacts on the watercourse, as well as an additional condition (Condition 7) to address the implementation of the surface water discharge management scheme which shall be installed prior to the use of the units. It should, however, be noted that the original application is still the "main" application; albeit this current proposal will issue a new decision notice and have a new expiry date.
7.1 Accordingly, given the reasons stated it is considered the application would be acceptable, complying with Isle of Man Strategic Plan (2016) and the Area Plan for the South (2013) and therefore the application is recommended for an 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 can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted Date: 26.05.2021 Determining officer
Signed : S CORLETT Sarah Corlett Principal Planner
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