27 July 2023 · Committee
Field 521881, Cooil Road, Douglas, Isle Of Man, IM2 2qz
Permission was granted for a combined approval in principle and full approval for a phased industrial and business park development on land to the south of Cooil Road, Braddan, Isle of Man. The applicant, Eden Park Development Limited, sought to develop the site for a range of employment uses across four zones. Full approval was given for the access, estate road, strategic drainage infrastructure, structural landscaping, biodiversity enhancement areas, and the first phase of employment units in Zone A. For the remaining zones (B, C, and D), approval in principle was granted with all matters apart from access reserved for future determination. The site was previously undeveloped agricultural land with traditional Manx sod and stone banks, hedgerows, and mature trees along field boundaries. Amendments to the highway works and drainage arrangements were submitted during the process and accepted.
The Department of Environment, Food and Agriculture approved the application on 27 July 2023. Full approval was granted for the access road, drainage infrastructure, landscaping, biodiversity areas, and the first phase of employment units, with other matters reserved for later phases. The officer also recommended approval and there were no conflicts between the recommendation and the final decision. The formal decision record lists 41 conditions.
Strategic Policy 2 - Priority for new development to identified towns and villages
Isle of Man Strategic Plan 2016
Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
General Policy 3
Isle of Man Strategic Plan 2016
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Business Policy 1
Isle of Man Strategic Plan 2016
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. 9.1.3 This chapter concent rates on the land use implications of business activity, including industry, storage and distribution, office and commercial development, retailing and tourism. 9.1.4 In respect of employment land availability, the Department has undertaken and published an Employment Land Availability Study (1). A summary of this is included in Appendix 9. Across the Island there are some 118 hectares of land allocated for industrial development. Much of this is concentrated around Ballasalla and the Airport. There is, however, a spread of land available across the Island to support employment and regeneration opportunities in each area. Such land will be important to support the regeneration of the Service Centres and the Gateway and Employment role of the Airport area. 9.1.5 The Douglas area has seen by far the bulk of the industrial land take up in recent decades and much of the land allocated for such purposes has been taken up. This is why the Department has resolved to proceed with a Development Order for the development of some 20 hectares of employment land to the south of Cooil Road. A recent report on the take up of industrial land in the Douglas area indicates that it has been faster than anticipated and at current rates that all the land will be required by 2015. While the situation will be subject to detailed assessment in the preparation of the Plan for the East, the Department is satisfied that the release of additional land is both necessary and appropriate at this stage. 9.1.6 The Department has also reviewed planning permissions for office development. The majority of these are focused in the Douglas area. Take up has been low in recent years with the exception of certain relocations to corporate headquarters, such as Skandia. There are a number o f sites still available for new office development, in addition to the existing stock. Of note is the recent trend for sites with office consents to subsequently secure planning permission for residential use. The most notable example being the final pha se of the Villiers development, which now has a residential permission in addition to its partly - implemented office consent. 9.1.7 The following information has been extracted from the Review of Economic Strategy (Treasury 2003) which formed part of the background to the Economic Strategy 2004 approved by Tynwald in October that year. (1) Employment Land Availability Study DLGE 2007 9.1.8 The Isle of Man has enjoyed unprecedented economic success in the last ten years. Over this period annual gross domestic product, or GDP (the value of the economy' s output of all goods and services), has more than doubled in real terms (both absolute and per capita) such that from a deficit of around one quarter, per capita GDP in the Isle of Man now exceeds that of the UK by 7% and the average for the European Union (EU 15) by 10%. 9.1.9 The period 1993 - 2000 saw the economy not only expanding but doing so at an accelerating rate, before slowing in 2000/01. Since 2001 the economy has continued to grow at around 5% per annum (the latest national income accounts revealed growth of 5.9% in 2002/03), meaning that, after the recession in the early 1980's the Isle of Man economy has recorded economic growth in each of the last twenty years. 9.1.10 This economic performance has been led by the financial and related se rvices sectors. The finance industry grew by over 80% between 1996 and 2001 alone. But the table below illustrates that probably all areas of Manx economy are today generating more income in real terms than a decade ago, even it the relative importance o f some, most noticeably manufacturing, has declined. Table One - Sectoral Contributions to National Income 1992/93 v 2000/01 (at 2000/01 prices) Contributions to National Income (£) Real Increase in income generated (%) 1992/93 % 2000/01 % Manufacturing 72.0 11 76.7 6 6.5 Finance 229.7 35 505.4 41 120.0 Tourism 41.0 6 67.7 6 65.1 Agriculture/Fishing 11.7 2 15.8 1 35.0 Construction 46.7 7 89.6 7 91.9 Professional Services 96.7 15 186.1 15 92.4 Utilities, Distribution and Miscellaneous Services 133.1 20 223.8 18 68.1 Pubic Administration 34.6 5 53.6 4 54.9 Total 665.5 100 1,218.7 100 83.1 9.1.11 National income data aside, the clearest indication of the economic success enjoyed by the Island in recent times comes from the labour market. Census results show that the workforce increased from 33,189 in 1991 to 39,685 by 2001, an increase almost identical to that in the total resident population over the period. But the number seeking emp loyment but who were unemployed at the time halved from 1,360 to 635. 9.1.12 Changes in the underlying structure of the economy reflected in the national income accounts are further depicted in the Census statistics below showing the distribution of labour between the different sectors of the economy. Table Two - Employment by Sector 1991 v 1996 1991 1996 2001 No. % No. % No. % Agriculture and Fishing 1,240 3.9 938 2.8 543 1.4 Manufacturing 3,348 10.5 3,562 10.6 3,185 8.2 Construction 3,404 10.7 3,372 10.0 2,512 6.4 Utilities1 513 1.6 462 1.4 515 1.3 Transport and Communications 2,437 7.7 2,688 8.0 2,970 7.6 Wholesaling and Retailing 3,844 12.1 3,692 11.0 4,372 11.2 Finance 4,353 13.7 5,942 17.7 8,959 22.9 ICT2 n.a n.a n.a n.a 361 0.9 Professional Services 5,438 17.1 6,081 18.1 7,296 18.7 Tourist Accommodation 856 2.7 765 2.3 743 1.9 Entertainment and Catering 1,403 4.4 1,156 3.4 2,116 5.4 Miscellaneous Services 2,849 9.0 2,768 8.2 2,373 6.1 Public Administration 2,144 6.7 2,146 6.4 3,105 8.0 Total 31,829 100.0 33,5773 100.0 39,050 100.0 Notes: 1 Electricity, gas and water 2 Not separated out from other sectors until 2001 3 Includes 5 where occupation not recorded 9.2 Industry and Storage and Distribution 9.2.1 The nature of industrial activity on the Island changed very considerably during the last century. The previously dominant primary industries of fishing and agriculture now contribute only 1% to the Gross Domestic Product (GDP) and provide only 1.4% of our total employment, whereas manufacturing contributes 6% to the GDP and provides 8.2% of our employment, and the construction industry contributes 6% to the GDP and provides 6.4% of our employment. Storage and distribution has also become a more important activity, particularly in terms of the demands it makes on land, buildings, and access requirements. 9.2.2 Most of the Island's industry is located close to major transportation links, particularly in the case of Douglas, Braddan and Ballasalla, which all have convenient access to Ronaldsway airport and Douglas harbour. Ramsey and Peel harbours are used for the importation and exportation of large scale good s (fuel, building supplies etc). All of these are conveniently accessible to significant pools of labour. In order to minimise excessive transportation of goods and travel for employees, and to promote sustainable development, much of the Island's future industrial development should continue to be concentrated in these locations, and appropriate areas of land should be made available for such uses in the Area Plans for these parts of the Island. It will also be appropriate, when formulating Area Plans for our smaller settlements, to make provision for the continued operation of small -scale family businesses, particu
Condition 1
The development of Zone A as shown on drawing Hart32-000-10 REV A hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
The development hereby approved shall not be occupied or operated until the means of vehicular access to Zone A has been constructed in accordance with the approved plan Hart32-000-10 REV A and ITB14273-GA-005 REV E shall thereafter be retained for access purposes only.
Condition 3
The development hereby approved shall not be occupied or operated until the means of access for pedestrians and/or cyclists in relation to Zone A has been constructed in accordance with the approved plans Hart32-000-10 REV A shall thereafter be retained for access purposes only.
Condition 4
The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans Hart32-000-10 REV A.
Condition 4
Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Condition 5
The development shall not be occupied or operated until the secure and covered bicycle store and motorcycling parking bays(s) have been provided in accordance with the approved plans.
Condition 5
The secure and covered bicycle store and motorcycling parking bays shall be retained at all times thereafter.
Condition 6
All planting, seeding or turfing comprised in the approved details of landscaping (drawing 1579/15-100 REV N) must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of any unit, whichever is the sooner.
Condition 6
Any trees or plants which die or become seriously damaged or diseased with 5 years must be replaced in the next planting season with others of a similar size and species.
Condition 7
Prior to the commencement of works above ground level a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs of Blocks 1 & 2 of Zone A, have been submitted to and approved in writing by the Department.
Condition 7
The development shall not be carried out unless in accordance with the approved details.
Condition 8
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the Units within Zone A; shall not be used other than for Class 2.2 Light industry and Research and/or Development and/or Class 2.4 - Storage or distribution and for no other purposes.
Condition 9
Prior to the commencement of any development a detailed low level lighting plan (including street lighting along the estate road and to adoptable standard) as per the recommendations made within The BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018) shall be submitted to and approved by the Department and the approved scheme shall be fully adhered to and retained thereafter.
Condition 10
Prior to the occupation of any unit within Zone A the attenuation tanks and foul drainage provisions to an adoptable standard as shown in drawings 21-012-01 REV B and 21-012-11 REV B and as outlined within the "Planning Statement Relating to Site Drainage" - (BB Consulting Engineers, March 2023) in relation to Zone A shall be completed and operational, and maintained thereafter for the lifetime of the development.
Condition 11
No unit within Zone A shall be occupied until the extension of the 3m (3.5m wide at bus stop) shared use footway/cycleway running from the roadside frontage of the Jacksons site to the north western edge of the Riley's Garden Centre Car Park adjoining Zone B; internal footpaths/cycleway; provision of dropped kerb crossings and tactile paving have all been completed as shown on drawings ITB14273-GA-102 REV D and 14 REV A which includes the re-profiling of existing bank to match existing and retention of all trees and hedgerows except for those shown to be removed on drawing TRN-230322 and retained thereafter.
Condition 12
Prior to the commencement of any development details shall be provided of the location of the bus stop along Cooil Road shall be submitted to and approved in writing by the Department.
Condition 12
The approved bus shelter shall be completed and operational before the occupation of any unit within Zone, A, B, C & D and maintained thereafter for the lifetime of the development.
Condition 13
Prior to the commencement of any development (including clearance and enabling works, taking place) hereby approved A Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Department which details the roles, responsibilities, training, procedures and monitoring on site which will ensure that the environment is protected during all phases of the development and all environmental legislation and policy is adhered to.
Condition 13
The CEMP will need to incorporate the following avoidance and mitigation measures and the works must be undertaken in strict accordance with these measures:
Condition 14
Prior to the commencement of the development (including clearance and enabling works, taking place) hereby approved details of a suitably qualified Ecological Clerk of Works (ECoW) shall be submitted for approval by the Department and the appointed person shall supervise the pre-construction and construction phases of the development to oversee all protected species work, the implementation of measures identified within a Construction Environmental Management Plan (CEMP) and the creation and implementation of an ecological mitigation plan.
Condition 15
Prior to the commencement of any development (including clearance and enabling works, taking place) hereby approved an Ecological Mitigation Plan, created with a suitable qualified ecological consultancy shall be submitted to and approved in writing by the Department, and should include a timescale for implementation.
Condition 15
The approved Ecological Mitigation Plan shall be fully adhered to in accordance with these approved measures.
Condition 16
Prior to the commencement of units within Zone A details of all renewable energy provision shall be submitted in writing to the Department for approval and these approved details shall be completed and operational prior to the occupation of any unit.
Condition 17
All Structural Landscaping and Biodiversity Enhancements Landscaping/Works comprised in the approved details of landscaping (drawings 1579/15-101 REV N, 1579/15100 REV N and 1579/15-102 REV F) must be carried out in the first planting and seeding seasons following the commencement of the development within each phase (Zone A, B, C or D or the estate access road).
Condition 17
Any trees or plants which die or become seriously damaged or diseased with 5 years must be replaced in the next planting season with others of a similar size and species.
Condition 18
Prior to occupation of any commercial unit or group of units within Zone A, B, C or D, a Detailed Travel Plan for that unit(s) shall be submitted to and approved in writing by the Department in general accordance with the i-Transport Framework Travel Plan dated 18th March 2022 submitted with the application and shall be implemented thereafter in accordance with the measures set out therein.
Condition 19
Prior to the commencement of construction works details of the construction access (must be via existing or approved access within this submission) and construction traffic management shall be submitted to and approved in writing by the Department and the development must be undertaken in accordance with these details.
Condition 20
No tree marked as being retained on drawings RN-230322 REV A, TRC-291121, TRE-291121 and TRS-291121 shall be cut down, uprooted or destroyed during the development phase and thereafter within 5 years from the date of occupation of any unit, other than in accordance with the approved plans and particulars.
Condition 20
In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action shall be approved in writing by the Department and implemented in accordance with the approved details.
Condition 21
Prior to the commencement of the development hereby approved an Arboricultural Method Statement (AMS), adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department.
Condition 21
Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works .
Condition 22
Notwithstanding Condition 20 prior to the commencement of the development hereby approved an Arboricultural Methods Statement that addresses the installation of permanent ground protection at the proposed cycleway shall be submitted to an approved by the Department and these approved details shall be completed prior to the use of the cycleway and retained thereafter.
Condition 23
Prior to the occupation of any unit within Zone B the attenuation tanks and foul drainage provisions to an adoptable standard as shown in drawings 21-012-01 REV B and 21-012-11 REV B and as outlined within the "Planning Statement Relating to Site Drainage" - (BB Consulting Engineers, March 2023) in relation to Zone B shall be completed and operational and maintained thereafter for the lifetime of the development.
Condition 24
Prior to occupation of any commercial unit or group of units within Zone C or D the attenuation tanks, attenuation pond and foul drainage provisions to an adoptable standard as shown in drawings 21-012-01 REV B, 21-012-12 REV B, 21-012-13 REV B, 21-012-14 REV B, 21-012-15 & 21-012-16 and as outlined within the "Planning Statement Relating to Site Drainage" (BB Consulting Engineers, March 2023) and drawing Hart32-000-55 REV A in relation to Zone C and D shall be completed and operational and maintained thereafter for the lifetime of the development.
Condition 25
No unit within Zone B, C or D shall be occupied until the extension of the 3m wide shared use footway/cycleway running from the Eden Park entrance to the north western edge of Riley's Garden Centre Car Park adjoining Zone B; internal footpaths/cycleway; provision of dropped kerb crossings and tactile paving and the bus stop have all been completed as shown on drawings ITB14273-GA-011 REV F, ITB14273-GA-102 REV D and Hart32-000-14 REV A which includes the re-profiling of existing bank and retention of all trees and hedgerows except for those shown to be removed on drawing TRN-230322 REV A and retained thereafter.
Condition 26
Application for approval of the reserved matters shall be made to the Department before the expiration of eight years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Condition 27
As part of any Reserved Matters application within Zone B, C and D full details of the following are required;
Condition 28
No unit within Zone B, C or D shall be occupied until the estate road and shared footway/cycleway from the junction of the adopted highway as shown in drawings ITB14273-GA-005 REV E and Hart32-000-04 REV A to the access of that unit has been constructed to an adoptable standard to serve each phase.
Condition 29
The maximum parameters of the development proposed in Zone B and Use Classes are as follows: Uses Classes 2.2, 2.3 & 2.4, maximum floorspace (sqm gross) 11,860 and maximum height 15m (102m AOD) as set out in Environmental Statement Table 1 and drawings 07 REV A & Hart32-000-04 REV A.
Condition 30
The maximum parameters of the development proposed in Zone C and Use Classes are as follows: Use Classes 2.2, 2.3 and 2.4; maximum floor space (sqm gross) 5,000; and maximum building height of 15m (107m AOD) as set out in Environmental Statement Table 1 and drawings 07 REV A & Hart32-000-04 REV A.
Condition 31
The maximum parameters of the development proposed in Zone D and Use Class are as follows: Use Class 2.1 (Business Parks for Corporate Headquarters as allowed under Business Policy 7), no approval for general office use. Maximums floor space (sqm gross) 9,000sqm and maximum building height of 12m (102 AOD) as set out in Environmental Statement Table 1 and drawings 07 REV A & 04 REV A.
Erection of a light industrial development comprising 4 individual buildings providing 24 separate units with parking and landscaping
Variation of condition 10 of approved industrial development (PA 11/01232/B) to allow for research and development uses
Combined approval in principle and full approval for phased development of a Cannabis Cultivation Campus and Solar Energy Park, together with access, associated infrastructure and site engineering works. Full approval for the erection of units 1 and 2 with associated infrastructure. All other matters reserved - Land Southwest Of Cooil Road (A6) North Of New Castletown Road (A5), Braddan