29 March 2007 · Delegated
Former Fuel Depot Balthane Industrial Estate Balthane Road Balthane Ballasalla Isle Of Man
This application sought approval in principle for a commercial vehicle washing facility at the former fuel depot site on Balthane Industrial Estate, Ballasalla. The site is a narrow strip of land, around 9 metres wide with a frontage of approximately 67 metres to the estate's main spine road. The application was refused in March 2007. While the principle of a vehicle washing facility within the estate was considered acceptable, the specific layout proposed was judged to place the building uncomfortably close to the estate road, breaching the established building line. This was seen as likely to set an unwelcome precedent for similar encroachments, to the detriment of the estate's overall appearance. A further reason for refusal was that the application lacked sufficient detail to show that the washing facility, the three vehicle parking spaces required by the Department of Transport, and any necessary vehicle manoeuvring space could all be accommodated on the site at the same time.
The application was refused on two grounds. First, the proposed position of the vehicle washing facility was considered too close to the estate road, breaching the established building line and setting a harmful precedent for future development that would damage the appearance of the estate. Second, the application did not provide enough information to show that the facility, the required parking spaces, and vehicle manoeuvring could all be accommodated satisfactorily on the site.
Refusal Reasons
Isle of Man Planning Scheme (Development Plan) Order 1982
The site lies within an area designated as Industry
East are home to wild brown trout and Injebreck, Clypse and Kerrowdhoo are stocked with rainbow trout for visiting anglers. This Plan recognises that the economic value of the recreational fishing industry depends both on healthy fish stocks and high recreation and visual amenity. The ecological services provided by the Island's watercourses and wetlands are considerable, including carbon storage and natural flood mitigation. An undeveloped corridor of land between the river bank (measured from the edge of th e river channel) and any riverside development is required to allow for natural changes in the position of the river channel, as well as in water levels . The natural vegetation and physical structure of a river bank also provides a wildlife corridor for non-aquatic species. Natural Environment Proposal 8 Proposals for new development in the Plan Area which intend a connection to the Injebreck Reservoir for its water supply must demonstrate that as a consequence of this new development, water levels will n ot be so affected as to have a detrimental effect on normal flows. Natural Environment Recommendation 2 It is recommended that ahead of making any applications for development close to the reservoirs, watercourses and wetlands in the East, applicants must discuss such proposals with DEFA to establish the need for specific design elements to be taken into account . This may include : the impact of artificial light from the development on migratory fish species, buffer distances from the river bank and visual amenity. Marine Protected Areas and Marine Conservation Zones Increased efforts are being made to protect the health and biodiversity of the marine environment as well as the economic and social benefits which effective management of marine resources brings. Marine protected areas are areas of the sea that are protected from fishing and other impacts, with the aim of restoring habitats and supporting sustainable fisheries. The Isle of Man currently has ten Marine Protected Areas around our coast, encompassing 10.4% of Manx waters. One of these is the Sea Fisheries Restricted Area at Laxey Bay which was established in 2009 with the intention of enh ancing the scallop stock and later seeded with juvenile scallops. In 2008 , Douglas Bay closed to mobile fishing gear. Its current status is as a Marine Conservation Zone, though there is an intention to designate the Bay as a Marine Nature Reserve. Marine Nature Reserves are designated to conserve their flora, fauna and geological or physiographic features, or to provide special opportunities for the study of matters relating to these interests. This Plan does not propose any specific Proposals at this time. Areas subject to flooding and erosion In 2016, the National Strategy on Sea Defences, Flooding and Coastal Erosion Evidence Report was published10. It identified areas at risk of fluvial, surface water and coastal flooding and coastal erosion now and in the future taking into account climate change, economic growth and development and population growth. The Evidence Report included a comprehensive Risk Assessment to assess the impacts of coastal, fluvial and surface water flooding and coastal erosion on key economic, infrastructure, environmental and social receptors. Within the Eastern area, Douglas (comprising Douglas Bay, Douglas Harbour, Glass/Douglas/Dhoo/Middle River Confluence, River Glass and Upper Dhoo) and Laxey were identified as being at high risk both now and in the future and requir e urgent consideration, further investigation and potential intervention to reduce the evident risk. Flooding can threaten life and cause damage to property and public infrastructure and it is essential that the Isle of Man builds its economic, environmental and social resilience with regard to flooding. The effects of weather events can be increased by decisions about the location, design, and nature of development, and may be affected by future climate chan ge. Consideration of flood risk has therefore formed an integral part of both the process of allocating land for development in the Area Plan for East, with flood risk acting as a 'critical constraint' in the Site Assessment Framework used to assess proposed sites. 10 National Strategy on Sea Defences, Flooding and Coastal Erosion 2016, GD No. 2016/0044 Flood Risk Maps have been produced by the MUA and the data contained therein has been used to identify Flood Risk Areas in the plan area. The risk areas shown relate to tidal flooding and fluvial flooding. The fluvial flooding maps illustrate a 100 year return period and for tidal a 200 year return period. Land outside of these areas is considered to be at low risk of flooding from main rivers and the sea, although it may be at risk from other sources such as surface water and groundwater flooding. Natural Environment Recommendation 3 The Department supports further consideration and investigation of the impacts of coastal, fluvial and sur
