24 July 2023 · Delegated
Bulk Gas Storage Installation, Balthane Industrial Estate, Balthane, Ballasalla, Isle Of Man, IM9 2al
The proposal, an amendment to an earlier approval, covers units within Block C of the former bulk gas storage site at Balthane Industrial Estate. It involves laying out a dedicated area for rental vehicle operations — including washing, maintenance, and secure customer parking — alongside a new industrial unit. A condition requiring a Construction Environmental Management Plan was imposed to protect the nearby Ronaldsburn watercourse during building works. The officer concluded that the development was relatively minor, would not materially affect the character or appearance of the locality, and would bring a biodiversity benefit through additional soft landscaping. Highway safety and drainage were also found to be acceptable.
The application was approved because the development was considered minor in scale and would not harm the character or appearance of the area. Additional soft landscaping was expected to improve biodiversity on site. Highway safety and drainage were both assessed as satisfactory, and the proposals were found to comply with Spatial Policy 3, Strategic Policy 5, and General Policy 2 of the Strategic Plan (2016).
Spatial Policy 3
The proposals are therefore considered to be compliant with Spatial Policy 3
Strategic Policy 5
Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. 4.4 Economy 4.4.1 The Spatial Strategy identifies the Major Employment Areas around the Island. While the majority of business and employment is focused around the Douglas Metropolitan Area, there are other major employment areas at Castletown, the Airport/Freeport, Peel, Ramsey and Jurby. The Department considers the distribution of employment areas provides a spread of employment opportunities around the Island. While recognising the opportunities for small scale local employment within existing centres it is considered new employment should, in the main, be concentrated within existing settlements or those major employment areas referred to in the Island Spatial Strategy and illustrated on the Key Diagram. Existing Local and new Area Plans will provide detailed boundar ies for these areas. From time to time Government may judge it appropriate to offer financial incentives to encourage economic activity or investment in particular parts of the Island.
General Policy 2
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Environment Policy 7
Development which would cause demonstrable harm to a watercourse
• Mount Murray Golf Club • Onchan Park • West Baldwin Reservoir Car Park • Clypse Kerrowdhoo Reservoir Car Park • Conrhenny Car Park • Ballanette Nature Reserve • Axnfell Plantation Natural Environment Proposal 7 Proposals for development in the vicinity of Dark Sky Discovery Sites are to have minimal outdoor lighting and be encouraged to have a design response which is non-intrusive into the darkness of night. Baffling and directionality of lighting must be sensitive to contain any necessary lighting within a subject site only. Watercourses and Wetlands The collection of hills in the East has produced a network of mountain streams which gradually join and widen to become the rivers flowing out into Douglas Bay, Port Groudle and Laxey Bay. Several of these rivers fro m the natural boundaries between the Eastern Parishes. A non-exhaustive list of streams and rivers in the East includes: Crammag River Injebreck River Creg-y-Cowin River West Baldwin River Awin Ny Darragh Baldwin River River Glass Greeba River River Dhoo Santon Burn Crogga River Middle River Laxey River Glenroy River Groudle River Ballacottier River River Douglas It is likely that these streams and rivers, similar to most of the Island's watercourses, support populations of European Eels - classified by the International Union for the Conservation of Nature (IUCN) as Critically Endangered - and Brown Trout. Most rivers with good fish passage from the sea, including the Dhoo, Glass, Laxey and Santon Burn, contain populations of salmon and sea trout. The Dhoo and Glass are known also to support populations of brook (and possibly river) lamprey. Many of the tributary streams to the major rivers, although small, provide valuable additional spawning and nursery areas for salmonids and lampreys. There are four reservoirs in the East: Eairy Dam, Injebreck, Clypse and Kerrowdhoo. The proposals in this plan for additional housing in the East are likely to have an impact on the water levels in these reservoirs and consequently on the compensation flows within the downstream rivers. DEFA reports that i n recent years there has been evidence of low summer flow below Injebreck reservoir in the River Glass. It is suggested that any reduction in flow in the River Glass could have consequences for the ecology of the river, including fish populations. DEFA has highlighted evidence that artificial light from new housing close to rivers may have a detrimental impact on migratory salmonids. The reservoirs in the 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,
Environment Policy 29
development proposals within Consultation 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 wi th 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. 7.24 The Built Environment - Introduction 7.24.1 The architecture of the Island, the quality of its buildings, the way in which they blend in with their surroundings, the respect for the built environment and the collect ive and individual cultural heritage, are all matters that are important to the sustainability of the Island's unique identity. 7.24.2 The Island possesses an extensive and well preserved historical character. The presence of sites, features, buildings and Conservation Areas undoubtedly adds to the quality of our lives, and the physical remains of our past are to be valued and protected a s a central part of our culture, heritage and sense of national identity. It adds to our 'sense of place' and is a constituent part of both the rural and urban environment. 7.24.3 The Island enjoys a rich heritage of buildings, all of which represent the social, economic and cultural history of the Island. These physical remains of our past, which may include historic buildings, ancient monuments and archaeological sites whether in towns, villages or in the countryside sustain the distinctiveness of th e Island which is so vital to the retention of its unique character and our sense of national identity. The historic environment is also a material asset that makes a positive contribution to economic prosperity for the purposes of tourism, leisure and recreation. 7.25 The Historic Building Stock 7.25.1 The Island is well blessed with a rich and varied historic environment. Work is continuing on the expansion of the list of designated Conservation Areas and Registered Buildings in recognition of their particular architectural, social or historical interest and within the Island there are so far 250 Registered Buildings and 19 Conservation Areas. 7.25.2 In addition, there are many as yet unscheduled and unidentified buildings and areas, which are either locally important or potentially worthy of designation. These also ought to be preserved and enhanced wherever possible through planning policy. 7.25.3 Positive attitudes are therefore required through the Strategic Plan towards the protection of the built environment for maintaining the architectural and historic continuity and distinctive character of each town and village. A fine balance therefore needs to be struck between conservation and enhancement on the one hand, and promoting development and growth on the other. However, conservation of the built environment and archaeological features should be viewed as an asset to be promoted and not as a constraint to be overcome. The historic environment in practice cannot remain unchanged, and the role of p lanning is to reconcile the needs for development against the need to conserve and protect the historic environment. 7.26 Demolition, Extension or Alteration of a Registered Building 7.26.1 Many Registered Buildings on the Island can sustain a degree of sensitive alteration or extension in order to accommodate continuing or new uses. Nevertheless, Registered Buildings do vary greatly in the extent to which they can accommodate change without loss of special interest. Some may be sensitive to even slight alterations. In cases where there have been successive changes to a Registered Building, the cumulative effect of the work will be assessed in determining the overall impact on the character of the building. 7.26.2 The Department is continuing its assessment of important buildings across the Island worthy of being afforded Registered status. Many of the buildings identified which have the potential for Registration result from being named in Area Plans. These will, in the future, become the main sources for identifying new buildings which should be put on the list for potential registration. 7.26.3 The Permitted Development Order withdraws permitted development rights within the curtilage(1) of Registered Buildings as well as Conservation Areas. Development which might otherwise require no planning permission becomes subject to development control.
Environment Policy 26
Development will not be permitted on or close to contaminated land
loped land is an important element in achieving regeneration and sustainable development objectives and to improve both the built and living environment. This is supported by paragraph 7.20.2 and Environment Policy 26 of the Strategic Plan. Development proposals on contaminated and/or unstable land, or where previous land use may indicate some level of contamination, must include an assessment of the extent of contamination and/or instability and any possible risks. Transport and Utilities Introduction This Chapter focuses on Transport (roads, public transport, cycleways, footpaths) and Utilities (energy, telecommunications, water supply, sewerage drainage and electricity). This Plan addresses infrastructure issues within distinct C hapters but it is impossible to plan for different kinds of infrastructure in isolation. The work undertaken to support this plan has included comprehensive site assessments looking at all aspects of development and needs in terms of supporting infrastructure, as well as scenario testing work which looked at broad development patterns and the implications on infrastructure as a whole. Issues relating to roads and utilities are often referred to as grey infrastructure and were discussed in the scenario testing work in these terms. Ahead of sections on ' area plan objectives' and 'area plan desired outcomes' in this Chapter, there is a brief discussion of two important long term infrastructure strategies which set the broad context for the preparation of the Area Plan for the East. This Plan incorporates the objectives of both the National Infrastructure Strategy and the Harbour Strategy and is in support of their desired aims. Strategic Plan Implementation - Transport and Utilities The Isle of Man Strategic Plan contains specific strategic policy in respect of transport and other grey infrastructure. The Chapters on Strategic Objectives and Strategic Policies state that development needs to: • optimise the use of previously developed land; • use sites efficiently; • utilise existing and planned infrastructure, facilities and services; • minimise journeys by private car, make best use of public transport, not adversely affect highway safety for all users, encourage pedestrian movement; • be located and designed to promote a more integrated transport network; • encourage the efficient use of energy; • safeguard the efficient operation of the Island's ports for fishing, commercial and leisure use without compromising environmental objectives; and be well served by modern telecommunications without compromising the protection of the landscape. The overall objective for these may be summed up as being to protect pub lic-benefiting utilities and other assets and enable the orderly provision and co -ordination of these and other facilities for the benefit of the community. Since the Strategic Plan 2016 was adopted, some changes have occurred relevant to the services and utilities - changes to titles of service authorities and suppliers and changes to strategies and service types and terms used to describe those types. None of these changes alter the intention of the policies in the Strategic Plan and are thus taken into account in this Area Plan as natural evolutions of business operations. All-Island Strategies National Infrastructure Strategy15 While the Area Plan for the East is a short to medium term document, the National Infrastructure Strategy (NIS) aims to ensure there is an integrated, reliable, secure and resilient provision of Island-wide infrastructure that meets the social and economic needs of the Island up to 2050. The document presents an audit of the Island's current infrastructure, sets out the available capacities for each key asset and identifies any known issues with supply. It then examines a number of factors which could impact on the future provision of the Island's infrastructure: the Island's population and age structure, the spatial distr ibution of development, the economic situation of the Island, climate change, technological change and the need to meet national and international obligations and regulations. Finally, consideration is given to the obsolescence of each of the Island's key assets. Key assets in the East identified in the document are: • Douglas and Laxey harbours • Combined Cycle Gas Turbine (CCGT) facility at Pulrose and the Energy-from-Waste Facility at Richmond Hill • Gas pipeline for Glen Mooar to Pulrose Power Station • LPG stores in Douglas • The Douglas Water Treatment Works • West Baldwin, Clypse and Kerrowdhoo Reservoirs • Meary Veg sludge treatment facility The NIS Strategy identifies the following issues faced by specific assets: • Flood risk to the National Sports Centre, D ouglas Fire Station, Banks Circus bus depot, Douglas Railway Station, Pulrose Power Station and Pulrose Bridge after major flooding occurred in 2015; and • traffic congestion at Quarterbridge and Governor's Hill roundabouts. The Strategy concludes that the Island's key assets are currently ma
Employment Proposal 1
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Prior to the occupation of the development, the hard and soft landscaping works detailed on the drawing referenced 1273-010.05 RevA shall be carried out in accordance with the approved works. Any trees or plants which within a period of five years from the date of planting die are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of species and size first approved in writing by the Department. All hard landscaping shall be permanently retained.
Condition 3
The development hereby approved shall not be occupied or operated until the vehicle parking and turning areas have been provided in accordance with approved plans and the parking and turning areas shall thereafter be kept available for the parking and turning of vehicles associated with the development.
Condition 4
There shall be no obstruction to visibility splays higher than 1.05m above adjoining road level forward of a line drawn 2m back from the nearside carriageway edge at the centreline of the access extending 36m in each direction. Such visibility splays shall be provided before the construction of the buildings hereby approved is commenced and shall be permanently maintained free of obstruction thereafter.
Condition 5
The development hereby approved shall not be occupied or operated until the Primary Drainage Scheme has been provided in accordance with the approved plans (Drawing No. 19-110.50 RevB) and shall be permanently retained thereafter and solely for the purpose of surface water drainage.
Condition 6
For the avoidance of doubt, no discharge of surface water from the site into the Ronaldsburn watercourse is permitted during the construction phase of the development, with no surface water discharge into the Ronaldsburn watercourse permitted in respect of the operation of the valeting business in perpetuity.