Officer Report

Application No.: 25/91019/C Applicant: Tel's Limited Proposal: Change of use of commercial building to a waste electrical and electronic equipment recycling operation (WEEE) (Sui Generis) Site Address: Unit 1 Kirby Farm Industrial Estate Vicarage Road Douglas Isle Of Man IM4 4LA Planning Officer: Paul Visigah Photo Taken: 22.01.2026 Site Visit: 22.01.2026 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 23.01.2026 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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.

• C 2. The use hereby approved shall only be for a Waste Electrical and Electronic Equipment (WEEE) recycling operation and for no other use, including any other waste management activity.

Reason: The development has been assessed on the basis of the specific nature and scale of the WEEE recycling operation proposed. Any alternative use could give rise to materially different impacts which would require separate planning consideration.

• C 3. The development shall be carried out strictly in accordance with the submitted plans (Drawing No. 1744) and the operational description document, operational flowchart, and traffic assessment, all received 18 November 2025.

Reason: The acceptability of the development depends on the operational parameters described, including the fully internalised nature of the activity and the absence of external processing or storage.

• C 4. There shall be no external storage of waste materials, skips, containers, equipment or other materials associated with the approved use outside the building at any time.

• Reason: To protect the visual appearance of the site, safeguard local amenity, and ensure the development operates in accordance with the basis upon which planning permission has been granted, in accordance with General Policy 2 and Environment Policy 22.
• C 5. Notwithstanding Condition 3, the use hereby approved shall operate without public access. No members of the public shall deliver waste to the site or attend the site in connection with the approved use.

Reason: To ensure that the development does not generate additional traffic movements or activity inconsistent with the assessed highway and amenity impacts, in accordance with General Policy 2 and Transport Policies 1 and 4.

• C 6. The use hereby approved shall not be undertaken outside the following hours:

• o 07.00 to 19.00 hours Monday to Friday
• o 07.00 to 13.00 hours on Saturdays
• o At no time on Sundays or public holidays

Reason: To protect the amenities of the surrounding area and adjacent land users, in accordance with General Policy 2 and Environment Policy 22.

• C 7. The parking, servicing and manoeuvring areas shown on the approved plan (Drawing No.

1744) shall be retained and made available for those purposes at all times and shall not be obstructed or used for storage.

Reason: To ensure that adequate parking and servicing provision is maintained in the interests of highway safety and network functionality, in accordance with General Policy 2 and Transport Policy 7.

This application has been recommended for approval for the following reason.

The proposal is acceptable notwithstanding its departure from Business Policy 5, as the development would make efficient use of an existing industrial building within an established employment area, retain the site in active employment use, and contribute to the strategic objectives of sustainable waste management and resource recovery. The fully internalised nature of the operations, together with the absence of external alterations or storage, ensures that the development would not result in unacceptable impacts on visual appearance, local amenity, environmental quality or highway safety. The proposal is therefore considered to accord, on balance, with General Policy 2, Strategic Policies 1, 5, 6 and 10 of the Strategic Plan, Transport Policies 1, 4 and 7, Environment Policy 22, Waste Policy 1, and the objectives of the Waste Strategy 2012 to 2022.

Plans/Drawings/Information; This decision relates to the following documents and plans:

• o Traffic Assessment
• o Operations Flowchart
• o Operational Description
• o Location, site and floor plans and photographs, Drawing No. 1744
• o Drawing register All documents received 18 November 2025.

_________________________________________________________________ Right to Appeal

It is recommended that the following organisation should not be given the Right to Appeal:  DOI Highways Division - No objection subject to conditions, which have been applied.

_________________________________________________________________ Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE BECAUSE THE PROPOSED USE IS CONTRARY TO THE LAND USE ZONING FOR THE SITE.

1.0 THE APPLICATION SITE - 1.1 The application site is Unit 1, Kirby Farm Industrial Estate, Vicarage Road, Douglas, which lies to the northwest of the Saddle/Vicarage Road roundabout and to the southwest of Kirk Braddan car park and the open land to the west which accommodates a settlement site of archaeological interest. An overgrown road runs between the church grounds and the estate and onward to the agricultural fields. - 1.2 The estate is made up of a group of agricultural buildings which lie closest to Vicarage Road with new industrial units which are further into the site with a separate internal access. The units are all similar in appearance, with a variety of sizes with parking spaces in and around them. The units are used for a range of activities including car repair, storage and light industry, and planning approval has been granted for use of one of the units as a gym (PA 12/00964/C). The newest units in the southwestern corner of the site were approved under PA 10/01336/B and more recently approval for an industrial building to the northeast corner of the site was granted under 16/00139/B. - 1.3 The estate began life as a farm with some of the agricultural units being approved for conversion to industrial use under 06/01170/C and five further units (10 to 14) being approved under PA 08/02311/B. The units are generally screened from public view by existing trees and the topography of the site.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for change of use of a commercial building to a waste electrical and electronic equipment recycling operation (WEEE) (Sui Generis). - 2.2 Building and Layout

• 2.2.1 The submitted plans confirm that no internal or external building works are proposed. The existing building footprint, layout and mezzanine remain unchanged. The forecourt and turning apron, including 15 parking and servicing spaces, are retained without alteration.

2.3 Internal Operations

• 2.3.1 The submitted floor plan does not identify any internal storage layout, dedicated containment areas, or the location of skips to be used in the operation. Notwithstanding this, the operations flowchart confirms that all WEEE handling, weighing, dismantling and interim storage would take place on impermeable internal surfaces and within appropriate containment such as bulk bags, cages, IBCs or enclosed skips, with no external storage proposed.

2.4 Material Handling

• 2.4.1 All WEEE would be delivered solely by TELS Ltd from its Snugborough facility. No public access is proposed. Materials arrive in bags, cages or loose, are unloaded inside the building, weighed, and placed into bulk bags, containers or IBCs for manual dismantling. Components are segregated and stored internally.

2.5 Waste Streams and Export

• 2.5.1 General waste and scrap metal are placed into dedicated enclosed skips, with exchange undertaken by a 26t GVW hook/roll on skip lorry when full. Electrical components intended for shipment under TFS are stored in bulk bags or IBCs inside the warehouse until sufficient material for a curtainside trailer is accumulated. An articulated curtainsider (up to 44t GVW) is

• then delivered by the haulier and loaded on the forecourt, with export movements occurring on a periodic cycle.
• 2.6 Parking, Access and Movements

• 2.6.1 The submitted plans show 15 parking and servicing spaces within the forecourt, and no changes to the existing access arrangements are proposed.

• 2.6.2 Vehicle activity associated with the operation comprises box van arrivals and departures from the Snugborough facility (1 to 3 per day), skip exchanges undertaken by a 26t GVW hook/roll on lorry when skips are full, and articulated curtainsider collections for TFS controlled exports on a periodic cycle. The Traffic Assessment states that trailer loading for export is carried out on the forecourt, and that skip loading or sheeting is undertaken inside the building or on the forecourt, with all manoeuvring kept within the site boundary.

2.7 Supporting Environmental Information

• 2.7.1 The applicant has submitted a document titled Operational Description, the content of which is headed Environmental Impact Assessment. The material does not meet the statutory requirements of an Environmental Statement and therefore cannot be treated as an Environmental Impact Assessment.

• 2.7.2 The document provides the following information:

• 1. The recycling facility is a purpose built steel framed building with an impermeable concrete floor, part brick and block and insulated steel clad walls, an insulated steel clad roof, and a fire alarm.
• 2. The forecourt is an impermeable concrete floor of a size that can accommodate all company vehicles and a hauliers trailer when loading is required.
• 3. Electrical waste brought to site by the operator is in a dedicated cage or skip, and waste brought by a customer is weighed and then put in a cage, bulk bag or IBC container.
• 4. Electrical waste is taken apart by hand and electrical components are stored in bulk bags for shipping off the Island under TFS rules.
• 5. Metal parts are placed in a skip stored inside the warehouse.
• 6. General waste (plastic etc.) is placed in a skip inside the warehouse on an impermeable concrete floor.
• 7. When the metal and general waste skips are full and need to be replaced, they are loaded inside the warehouse and sheeted before leaving.
• 8. Electrical parts removed from electrical waste are stored inside the warehouse in bulk bags or containers until enough material is accumulated for a curtain side trailer, which is loaded on the concrete forecourt.
• 9. Components that can be recycled other than those covered under TFS are transported by box van to licensed recyclers on the Island.

3.0 PLANNING POLICY - 3.1 Site Specific

• 3.1.1 The site lies in an area zoned for industrial use in the Area Plan for the East (2020) and is not within a Conservation Area. The site is not within a Registered Tree Area and there are no registered trees present within the application site. The site is not prone to flood risk.

3.2 Area TAPE (2020)

• 3.2.1 The following parts of the Area Plan for the East are considered relevant:

• 1. Employment Recommendation 1 A cross-government study could be carried out to identify opportunities to improve the management of existing industrial estates to minimise vacancy rates and to identify opportunities to facilitate investment in new sites, including through the development of a Technology Park or Parks.

• 2. Employment Proposal 1 The development of existing industrial land, including the following sites, will be supported for the following uses only: manufacturing, warehousing and distribution, office accommodation (subject to compliance with Strategic Plan Business Policy 7), or retail outlets (subject to compliance with Strategic Plan Business Policy 5). For the purposes of this policy, existing industrial land excludes those sites named under Employment Proposals 2, 3, 4 and 5.
• 3.3 National STRATEGIC PLAN (2016)

• 3.3.1 Relevant Strategic Plan policies:

• 1. General Policy 2 General development considerations.
• 2. Strategic Policy 1 Efficient use of land and resources.
• 3. Strategic Policy 2 Priority for new development to identified towns and villages.
• 4. Strategic Policy 4 Development to protect or enhance the setting of Registered Buildings, landscape quality and biodiversity, and not result in unacceptable environmental pollution.
• 5. Strategic Policy 5 Design and visual impact.
• 6. Strategic Policy 6 Major employment generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans.
• 7. Strategic Policy 10 Development should promote integrated journeys, minimise car use and facilitate other modes of travel.
• 8. Spatial Policy 5 New development will be in defined settlements only, or in the countryside only in accordance with GP3.
• 9. Business Policy 1 The growth of employment opportunities throughout the Island will be encouraged, provided that development proposals accord with the policies of this Plan.
• 10. 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 viability of the appropriate town centre shopping area.

• 11. Environment Policy 4 Protection of species and habitats.
• 12. Environment Policy 5 Mitigation against damage to or loss of habitats.
• 13. Environment Policy 22 Deals with vibration, odour, noise and light pollution in relation to nearby properties.
• 14. Transport Policy 1 Requires new development to be close to existing public transport facilities and routes, including pedestrian, cycle and rail routes.
• 15. Transport Policy 4 New and existing highways serving development must be designed so as to be capable of accommodating vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this Plan.
• 16. Transport Policy 7 Parking considerations and standards for development.
• 17. Paragraph 9.2.4 Sites identified as suitable for industry will generally also be suitable for the storage and distribution of goods. However, depending on the location with respect to other uses, the Department may restrict the goods stored by attaching the following condition: "The building or buildings hereby approved may be used for storage and distribution. Approval does not extend to the use of the site for retail purposes or as a skip transfer station or for the storage or distribution of dangerous goods (as defined in the Road Traffic Act Road Vehicles carrying Dangerous Goods Maintenance and Use Regulations 2000), or coal, or items which could give rise to nuisance to adjacent land users by virtue of dust, noise or smell."
• 18. Paragraph 7.18.2:

For some types of development, environmental impact assessments will be required in every case, whilst other development will only require an environmental impact assessment if the particular project is judged likely to give rise to significant environmental effects. Where development does not fall within these categories but still has a significant effect on the environment, the Department will require suitable supporting environmental information. The main criteria for judging significance are as follows:

• i. Major developments which are of more than local importance.
• ii. Developments which are proposed in particularly environmentally sensitive or vulnerable locations.
• iii. Developments with unusually complex and potentially hazardous environmental effects.

• 19. Waste Policy 1: Waste management installations, including landfill sites, civic amenity sites and facilities for the bulking up, separation, recycling or recovery of materials from waste, will be permitted provided that:

• (a) there is an acknowledged need for the proposal in accordance with the approved Waste Management Strategy;
• (b) there is no unacceptable adverse impact on local residents in terms of visual amenity, dust, noise or vibration, or as a result of traffic generated;
• (c) there would be no unacceptable adverse effect on:

• i. landscapes, geology or geomorphology, and features of special interest or attraction;
• ii. Ancient Monuments or their settings;
• iii. Registered Buildings or their settings, or features of architectural importance;
• iv. the character and appearance of Conservation Areas;
• v. sites of archaeological interest;
• vi. sites containing species or habitats of international, national or local importance;
• vii. land drainage and water resources;
• viii. areas of woodland or the Islands timber resources; or
• ix. designated National Heritage Areas;

• (d) the proposal is acceptable in terms of access arrangements and highway safety;
• (e) in the case of landfill sites, working shall be in accordance with a phased scheme of restoration and landscaping;
• (f) the proposal does not sterilise other significant mineral deposits; and
• (g) the proposal will not have an unacceptable adverse impact on airport safety, for example by increasing the risk of bird strike.

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 WASTE POLICY AND STRATEGY 2012 to 2022

• 4.1.1 The Waste Policy and Strategy was adopted in 2012 and was intended to apply until

1. It refers to a general strategy where waste is ultimately reduced to zero through a series of reduction, reuse, recycling and, ultimately, disposal. The vision towards zero waste involves the provision of the necessary waste infrastructure, continuing to be guided by appropriate principles, applying proportionate legislation and increasing the efficiency and effectiveness of waste resources, taking into consideration the financial constraints facing the Island. The strategy explains that the success and delivery of this approach will be measured by two high level performance targets, namely to recycle 70 percent of the Islands waste across all sectors, and secondly to commit to reducing waste to landfill to 5 percent. This was to be achieved by 2022 (page 4).

• 4.1.2 Policy 4 on Waste Infrastructure states that the Island will ensure it has access to an adequate network of waste storage, processing, treatment and disposal facilities developed in accordance with the principles of self-sufficiency, proximity and cost, whilst complying with appropriate legislation.
• 4.1.3 Appendix 1 Waste Management 2010 to 2011 The strategy identifies that 50 percent of the Islands waste is related to construction and demolition; 23 percent comes from household generated waste taken to recycling banks,

kerbside recycling and street litter collections; and 22 percent arises from commercial and industrial activities. The final stage in the management process is composting, recycling or landfill.

4.2 ISLE OF MAN BIODIVERSITY STRATEGY 2015 to 2025

• 4.2.1 The Departments Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity change to minimise the loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity where necessary.

4.3 ISLE OF MAN GOVERNMENT EMPLOYMENT LAND REVIEW 2025

• 4.3.1 Industrial land vulnerable to displacement by higher value uses Industrial development is shown to be unviable, as rents are typically less than those needed to make development viable. Pressure from higher value uses can distort landowner expectations and undermine delivery of industrial sites (page 12).

- 5.0 PLANNING HISTORY

5.1 The application site has not been the subject of any previous planning application that is considered relevant to the current application. However, the part of the estate within which the unit is situated has been the subject of a number of planning applications that are considered relevant.

• 1. PA 06/01170/C for Change of use of part of Kirby Farm where the unit is located from agriculture to light industrial storage and warehousing. This was approved by the Planning Committee on 14 September 2006 and at appeal on 21 March 2007. The application was approved subject to nine conditions. Condition 9 is of direct relevance and states: "The premises shall be in operation for the purposes hereby approved only within the hours of 07.00 and 19.00 hours Monday to Friday, 07.00 and 13.00 hours on a Saturday, and at no time on a Sunday."
• 2. PA 12/00964/C for Variation of conditions of approved industrial starter unit (08/02311/B) to allow use as a health and fitness centre and extension to operational days and hours. This was approved on 13 August 2012. The permission was subject to the following condition: "1. This permission grants approval for the use of the building as a personal training operation and for the hours of operation to be amended to between 06.30 hours and 20.30 hours Monday to Friday, and between 09.30 hours and 16.30 hours on Saturday and Sunday."
• 3. PA 21/01446/C for Change of use to allow the sale of motor vehicles. This was approved by the Planning Committee on 4 January 2022.
• 4. PA 22/00537/B for Siting of a cold storage container and change of use of the unit from industrial to food distribution (retrospective). This was approved on 2 September 2022 and was subject to five conditions, including restrictions on external storage and hours of operation.
• 5. PA 23/00597/B for Siting of a recycling unit at Unit 9. This was approved on 17 August 2023 and was subject to five conditions, including the standard four-year commencement condition. These include:

• 2. "The installation and use of the recycling unit hereby approved shall be restricted to the use of the site as a warehouse and distribution unit only. Upon the cessation of this lawfully permitted use, the recycling unit must be removed from the site and the land restored to its former condition as a car parking area within one subsequent month.

Reason The recycling unit is acceptable only for use in connection with the warehouse and distribution unit because it meets a specific need.

• 3. The recycling unit hereby approved shall only be used in conjunction with the warehousing and distribution business presently operating from Unit 9 and shall be in accordance with the submitted plans and documents date stamped as received 9 May 2023. There shall be no external storage of any material on the site outside the recycling unit hereby approved unless otherwise agreed in writing by the Planning Authority.

Reason To protect the amenities of adjoining land users and to safeguard the visual character of the site and area.

• 4. The use of the recycling unit hereby approved shall operate only during the operating hours of the food distribution use of the unit and cold storage container on the site. No processes or works shall be undertaken or be in operation outside the following times: o 07.00 to 19.00 hours Monday to Friday o 07.00 to 13.00 hours on Saturday o No operations on Sundays

Reason To coincide with the existing operating hours restrictions in order to maintain local amenities.

• 5. There shall be no external lighting associated with the development hereby approved without the prior written approval of the Planning Authority. Reason In the interests of the character and appearance of the site and surrounding area."
• 6.0 REPRESENTATIONS Copies of representations received can be viewed on the Governments website. This report contains summaries only.

6.1 DOI Highways have stated that the proposal has no significant negative impact upon highway safety, network functionality or parking, as the applicant has provided detail confirming that parking and operational activity would be contained wholly within the site. It is recommended that conditions prohibiting visitors or customers arriving at the site and requiring the approved parking and layout arrangements to be used in perpetuity, should be attached to any permission for parking and highway safety reasons. Response dated 3 December 2025.

6.2 DEFA EPU has advised that they have no concerns with the proposal and are content for any matters to be addressed at the licence application stage, which will comply with the requirements of the EPU Policies (10 February 2026).

6.3 The following consultees have not provided any comments, although they were consulted on 24 November 2025:

• o Braddan Parish Commissioners
• o DEFA Environmental Health Team
• o Public Health
• o Fire and Rescue Service
• o Health and Safety at Work Regulation Directorate

6.4 No comments have been received from neighbouring properties. - 7.0 ASSESSMENT

7.1 The fundamental issues to consider in the assessment and determination of the current application are:

• 1. Principle of development (STP1, GP2, BP1, BP5, Waste Policy 1, TAPE Employment Proposal 1, paragraph 9.2.4 of the Strategic Plan, Waste Policy and Strategy 2012 to 2022).
• 2. Need for environmental impact assessment (EP24 and paragraph 7.18.2 of the Strategic Plan).

• 3. Visual impact (GP2, STP5).
• 4. Impacts on local amenity (GP2, EP22).
• 5. Potential highway and parking impacts (GP2, TP1, TP4, TP7).
• 6. Environmental considerations (Waste Policy 1, Waste Strategy 2012 to 2022).
• 7.2 PRINCIPLE OF DEVELOPMENT

• 7.2.1 The proposal seeks approval for the change of use of an existing industrial unit to a waste electrical and electronic equipment recycling operation within an area zoned for industrial use in the Area Plan for the East. Business Policy 5 ordinarily restricts such land to industrial development or storage and distribution uses, and the proposed use does not fall squarely within either category. This gives rise to an acknowledged policy tension at the outset. However, Strategic Policy 1 requires development to make efficient use of previously developed and under used land and buildings, and to be located where existing infrastructure can be efficiently utilised. The reuse of an existing building without external alteration is consistent with this strategic direction and accords with the broader sustainable development principles embedded within the Strategic Plan. General Policy 2 further requires development to be considered against the wider policy framework before detailed matters are addressed.

• 7.2.2 The planning history and operational evolution of Kirby Farm Industrial Estate are material contextual considerations. The estate contains a mix of industrial, storage and distribution, and non-industrial activities. Planning permission has been granted for uses including a personal training facility at Unit 13 (PA 12/00964/C), a wholesale food distribution operation with an associated cold store container at Unit 9 (PA 22/00537/B), and a packaging recycling unit at Unit 9 (PA 23/00597/B). These decisions demonstrate that the estate has not been interpreted narrowly as an exclusively industrial area, but rather as a flexible employment cluster capable of accommodating a range of operational activities where they remain compatible with the estate's functional role. This approach reflects Strategic Policy 6, which directs employment generating development to established centres and employment areas and supports the continued occupation and reuse of existing employment land.

• 7.2.3 The submitted operational description confirms that the proposed WEEE recycling process would take place entirely within the existing building, involving the controlled internal handling, dismantling, segregation and short-term storage of materials on impermeable internal surfaces. No public access is proposed, and external operations do not form part of the development. In operational terms, the activity sits at the lower intensity end of waste related uses, with a profile more closely aligned to internalised handling and consolidation than open air or heavy industrial processes. Paragraph 9.2.4 of the Strategic Plan recognises that industrial sites are generally also suitable for storage and distribution uses, subject to controls to prevent nuisance. While the proposal does not fall strictly within a storage and distribution use, its contained and internalised nature is not materially inconsistent with the operational scale typically accommodated within established industrial estates of this nature.

• 7.2.4 A range of wider Strategic Plan policies and objectives are also relevant. Strategic Policy 1 supports the efficient reuse of existing buildings and infrastructure. Strategic Policy 6 directs employment uses to established employment areas. Strategic Policy 10 seeks to promote development that integrates with existing transport networks and minimises unnecessary travel, which in this case is achieved through the reuse of an existing accessible unit without the need for new infrastructure. Business Policy 1 encourages development that supports employment opportunities where proposals accord with the Strategic Plan. Strategic Objectives within paragraph 3.2 promote recycling, waste reduction and the efficient use of resources, reflecting the national policy direction set out in the Waste Policy and Strategy 2012 to 2022. The proposal supports these objectives by facilitating improved waste separation and recovery as part of sustainable resource management.
• 7.2.5 Employment Proposal 1 of the Area Plan for the East seeks to ensure that industrially zoned land remains available for appropriate employment generating uses. The proposal would

• retain the site in active employment use and would not introduce retailing, public facing activity or uses that would undermine the established industrial and employment function of the estate. The continued use of the unit for an operational business activity is therefore consistent with the underlying intention of the zoning and with the employment supporting direction of Business Policy 1 and Strategic Policy 6.
• 7.2.6 Having regard to all material considerations, including the acknowledged policy tension with Business Policy 5, the established mixed use pattern of the estate, the modest and fully internalised nature of the proposed operations, and the alignment with Strategic Policies 1, 6 and 10 together with the Strategic Objectives promoting waste reduction and efficient use of resources, it is considered that the principle of development can be supported on balance at this location. This conclusion is reached without prejudice to the subsequent assessment of environmental, amenity and highway matters, which are addressed in the following sections of this report.

- 7.3 NEED FOR EIA

• 7.3.1 In determining whether an Environmental Impact Assessment (EIA) is required, it is necessary to begin with Environment Policy 24, which establishes the threshold for when EIA must accompany a planning application. The policy confirms that EIA is only required where a development is likely to have a significant effect on the environment. Paragraph 7.18 of the Strategic Plan reinforces this position by noting that EIA is reserved for developments whose scale, complexity or location is such that the normal planning process would be insufficient to understand the potential environmental consequences. The first step is therefore to consider whether the proposal falls within any of the categories that automatically require EIA.
• 7.3.2 As the proposal involves the reuse of an existing industrial unit, with no external construction, land disturbance or creation of new operational floorspace, it does not fall within any category of development for which an Environmental Impact Assessment is required in every case. Appendix 5, paragraph A.5.2, identifies the project categories subject to automatic EIA, including major agricultural installations, extractive and energy industries, large scale chemical, mineral, food processing and manufacturing plants, substantial infrastructure works such as new railway lines, major road schemes and coastal engineering, and waste disposal operations including incinerators, landfill sites and the storage of scrap iron or scrap vehicles. The proposed change of use does not correspond to any of these categories and therefore does not meet the threshold for mandatory EIA under Appendix 5.
• 7.3.3 Having established that the proposal does not fall within any automatic EIA category, paragraph 7.18.2 of the Strategic Plan requires consideration of whether an EIA is nevertheless necessary by reason of the scale, location or environmental sensitivity of the proposal. The site is an existing industrial unit within an established industrial estate, is not located within or adjacent to any designated or environmentally sensitive area, and the proposed WEEE handling activities would be modest in scale and fully internalised. The proposal therefore does not exhibit the characteristics identified in paragraph 7.18.2 that would justify the requirement for EIA, and the relevant environmental considerations can be adequately assessed through the normal planning process.
• 7.3.4 In addition to Appendix 5 screening, General Policy 2 requires consideration of environmental matters such as noise, traffic and local amenity, but these operate within the standard development control framework and do not elevate the proposal to a level of environmental significance that would necessitate EIA under paragraph 7.18.2. For these reasons, it is concluded that an Environmental Impact Assessment is not required. Nevertheless, in accordance with Environment Policy 24 and paragraph 7.18, proportionate supporting environmental information is still required to enable a proper understanding of any localised effects. The information submitted with the application fulfils this role, and the relevant environmental considerations are addressed in detail within Section 7.7 of this report.

- 7.4 VISUAL IMPACT

• 7.4.1 In terms of visual impact, the proposal does not involve any external alteration to the existing building and does not introduce any new structures, plant, external storage, skips or lighting. The siting, layout, scale, form and design of the building would remain unchanged, with the existing hardstanding retained. The proposal therefore respects the established physical characteristics of the site and its setting and accords with General Policy 2(b).
• 7.4.2 All operational activities associated with the proposed WEEE recycling use would take place entirely within the building envelope, such that there would be no outwardly visible change in the appearance or use of the unit. The site forms part of an established industrial estate characterised by utilitarian buildings of similar scale and form, and the continued use of the building would not adversely affect the character of the surrounding area. The proposal therefore complies with General Policy 2(c) and accords with Strategic Policy 5 by preserving the existing visual character of the site and locality.

- 7.5 IMPACTS ON LOCAL AMENITY

• 7.5.1 Having concluded that the principle of development is acceptable on balance and that an Environmental Impact Assessment is not required, it is necessary to consider whether the proposal would give rise to any unacceptable impacts on local amenity. Environment Policy 22 provides the relevant policy framework, seeking to prevent development that would cause unacceptable harm to the environment or nearby properties through pollution or nuisance, including noise, odour, airborne emissions, vibration or light. The test is not whether change would occur, but whether any change would result in unacceptable planning harm.
• 7.5.2 The submitted information confirms that all WEEE handling, manual dismantling and segregation would take place entirely within the building on impermeable internal surfaces, with materials stored in enclosed cages, bulk bags or containers. No external processing, storage or discharge is proposed, and no crushing, shredding or treatment is involved that could generate significant noise, dust, odour or airborne pollutants. There is no identified mechanism by which the development would pollute surface or groundwater or produce emissions beyond those ordinarily associated with lawful industrial activity within this estate.
• 7.5.3 In the context of General Policy 2(g), it is also material that the site lies within an established industrial estate where operational activity, servicing and vehicle movement are accepted and characteristic features of the area. The proposal would not introduce a materially different type or intensity of disturbance, nor alter the established pattern of activity in a manner that would adversely affect local amenity. Environment Policy 22 further recognises that planning should not duplicate controls exercised through other regulatory regimes, and where no unacceptable planning harm is identified, operational matters are appropriately addressed outside the planning process. On this basis, the proposal is considered to accord

• with General Policy 2(g) and Environment Policy 22.

- 7.6 POTENTIAL HIGHWAY AND PARKING IMPACTS

• 7.6.1 The assessment of highway and parking impacts considers whether the existing access arrangements and on-site infrastructure can accommodate the vehicle movements and parking demand associated with the proposed use. General Policy 2(h) and (i), together with Transport Policies 1, 4 and 7, require development to operate within the capacity of the highway network, provide adequate parking and manoeuvring space and do so without compromising highway safety.
• 7.6.2 The proposal involves no change to the existing access, circulation or parking arrangements and relies entirely on the existing forecourt and internal layout of the unit. The submitted plans confirm the retention of 15 on-site parking and servicing spaces. Site observations demonstrate that these spaces are available and capable of accommodating operational vehicles without obstruction or overspill onto estate roads. The nature and frequency of vehicle activity, limited to box van movements, occasional skip exchanges and

• periodic articulated collections, fall within the established pattern of traffic associated with this industrial estate.
• 7.6.3 The Department of Infrastructure Highways Services has reviewed the proposal and confirmed that it would have no significant adverse effect on highway safety, network functionality or parking provision, subject to operation in accordance with the submitted layout. This professional assessment carries significant weight and confirms that the existing infrastructure is capable of accommodating the development. The proposal therefore complies

• with General Policy 2(h) and (i) and Transport Policies 1, 4 and 7, and would not result in unacceptable highway or parking impacts.

- 7.7 ENVIRONMENTAL CONSIDERATIONS

• 7.7.1 Waste Policy 1 provides the principal policy framework for assessing proposals involving waste management activity, including facilities for the separation, recycling or recovery of materials from waste. The policy requires consideration of need, environmental effects, amenity impacts, heritage assets, access and highway safety, and wider environmental safeguards. In this instance, the relevance of Waste Policy 1 lies in confirming that the proposal accords with the policy criteria when read alongside the conclusions of the preceding assessment sections.
• 7.7.2 As set out in Sections 7.2 to 7.6, the proposal would retain land in active employment use within an established industrial estate and would support the objectives of the Islands Waste Strategy by facilitating the segregation and recycling of electrical waste in accordance with national waste management principles. The operation would be fully internalised, would not give rise to unacceptable impacts on local amenity, biodiversity, water resources or the highway network, and would not adversely affect the character of the area or nearby heritage or environmental assets. Matters relating to operational control and environmental regulation are primarily addressed through other regulatory regimes and do not give rise to planning harm. When read as a whole, the proposal satisfies the relevant requirements of Waste Policy 1 and is consistent with the strategic direction of the Waste Strategy 2012 to 2022.

- 8.0 CONCLUSION

8.1 The planning balance in this case has been assessed having regard to the provisions of the Development Plan and other material considerations. Although the development gives rise to a policy tension with Business Policy 5, that tension is outweighed by the efficient reuse of an existing building within an established employment area, the retention of the site in active employment use, and the alignment of the activity with strategic objectives promoting waste reduction and resource recovery. The assessment has demonstrated that the development would not result in unacceptable impacts in terms of visual appearance, local amenity, environmental considerations, highway safety or parking provision. When the proposal is considered as a whole and read alongside the findings of Sections 7.2 to 7.7 of this report, it is concluded that the development is acceptable on balance and can be supported, subject to appropriate conditions. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases).
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure, and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made: Permitted Date: 16.02.2026 Signed : Mr Pieran Shen Presenting Officer

Customer note This copy of the officer report reflects the content of the office copy and has been produced inthis form for the benefit of our online service/customers and archive record.

Planning Committee Decision 16.02.2026

Application No. : 25/91019/C Applicant : Tel's Limited Proposal : Change of use of commercial building to a waste electrical and electronic equipment recycling operation (WEEE) (Sui Generis) Site Address : Unit 1 Kirby Farm Industrial Estate Vicarage Road Douglas Isle Of Man IM4 4LA Presenting Officer : Mr Pieran Shen Addendum to the Officer’s Report

Although not registered to speak the applicant/owner of Tel's Limited was present during the item and was invited by the Chair to answer questions. In clarification of the key issues the Members enquired as to whether Fire and Rescue Services had commented on potential fire risks. The applicant responded that they had engaged with Fire and Rescue Services and that fire detection systems and alarms would be installed, and that lithium batteries would be stored in a locked and marked 'toolbox' sized container outside of the building and within their forecourt.

Reference was made to C4 of the recommendation which specifically prevented any external storage of waste materials and containers. The applicant/owner confirmed that originally the locked and marked container was to be kept inside the building, but as a result of discussions with fire and insurance persons, the contained was relocated to an agreed external position and this happened part way through the planning process.

With this in mind, the Members agreed to amend the wording of condition 4 to include scope for details of such container to by first provided to and approved in writing;

C4. There shall be no external storage of waste materials, skips, containers, equipment or other materials associated with the approved use outside the building at any time, unless in accordance with details which have first been submitted to and approved in writing by the Department.

Reason: To protect the visual appearance of the site, safeguard local amenity, and ensure the development operates in accordance with the basis upon which planning permission has been granted, in accordance with General Policy 2 and Environment Policy 22. _____________________________________________________________________________