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Applicant: WDS Ltd Proposal Erection of 9 light industrial units with associated road infrastructure, parking and amendment to site levels and ground infill Site Address Millmount Complex New Castletown Road Douglas Isle Of Man IM2 1HD Case Officer : Mr Toby Cowell Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 26.10.2023
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
All hard and soft landscaping works shall be completed in full accordance with the approved details prior to the occupation of the relevant building/s i.e. dwellings, nursery/retail unit and thereafter retained. Any trees or plants indicated on the approved scheme 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 a species and size to be first approved in writing by the Department.
Reason: In the interests of the character and visual amenity of the site, and to enhance and safeguard biodiversity.
REASON: the parking provision is considered acceptable on the basis of the floor area of the proposed units as shown in the submitted plans and on only one floor of accommodation per unit.
REASON: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.
REASON: In order to ensure that adequate drainage/flood control measures/facilities are provided, and retained, in the interests of the amenity of the area.
This application has been recommended for approval for the following reason. The application site forms part of land zoned for industrial purposes, with the development considered to amount to a highly efficient use of land whilst providing increased employment opportunities, without detriment to the character and appearance of the locality of the amenities of surrounding residential properties. The proposals would further ensure no net loss of on-site biodiversity, whilst being acceptable from a highways, drainage and flooding perspective following the submission of revised plans. The proposals are therefore considered to accord with Strategic Policies 1,2,5,7,10, Spatial Policy 1, General Policy 2, Environment Policies 4,10,22,42, Business Policies 1,2,5-6, and Transport Policies 4,7-8 of the Isle of Man Strategic Plan 2016 and relevant policies of the Area Plan for the East 2020.
Plans/Drawings/Information; This approval relates to the following drawings and documents:
Road safety Audit - HMTC Received 15.12.22
Arboricultural Impact Assessment - Manx Roots Preliminary Ecological Appraisal Report - Manx Wildlife Trust Outline tree protection plan (OTP-111122) Tree impact plan (TI-111122) Tree removal plan (TR-111122) Tree species survey Tree survey and report - Manx Roots Tree constraints plan (TS-111122) Received 13.12.22
Existing water network plan Existing drainage network plan Roof panel data sheet Wall panel data sheet Received 04.08.22
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Department of Infrastructure Highways Services Department of Infrastructure Highways Drainage Department of Infrastructure Flood Risk Management Division Department for Enterprise Manx National Heritage Manx Utilities Authority ________________________________________________________________
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE TOTAL COMMERCIAL FLOORSPACE OF THE PROPOSALS EXCEEDING 500SQM
1.0 THE SITE - 1.1 The site is the a parcel of developed land which accommodates an existing three storey Warehouse building, together with two further warehouse buildings and associated areas of hardstanding for parking/vehicular storage. The site sits to the southern side of New Castletown Road, south of Mylchreest Motors complex and west of the National Sports Centre complex. The River Dhoo bounds the site to the immediate east, with the southern portion of the site having fairly recently been removed off all previous trees and vegetation.
1.2 The site is accessed via an existing access which serves Mylchreest Motors and industrial commercial units outside of the application site. The site previously accommodated 2 vacant dwellings of The Laurels and The Hollies which were in a ruined state, and have since been entirely demolished.
2.0 THE PROPOSAL - 2.1 Planning permission is sought for a comprehensive redevelopment of the site, comprising a total of 9 no. light industrial units, with associated parking, an internal access road and engineering works by way of moderate infilling and altering to site levels. - 2.2 The proposals include the retention of the existing warehouse and erection of 5 no. attached units (labelled units 1-5), a further 2 no. attached units to the immediate west adjacent to the site's western boundary (labelled units 8-9), and the erection of 2 no. units to the north of units 1-5, both of which would also be conjoined but staggered (labelled units 1011). - 2.3 Units 1-5 and 8-9 would be effectively identical in appearance, comprise a shall dualpitched roof with a central ridge, 5m high grey roller shutter doors to the front elevation and a pedestrian security immediately adjacent for each unit. The units would comprise an eaves height of 6m and ridge height of 7.286m, whilst being finished in grey profiled roof and wall cladding. - 2.4 Units 10-11 would be finished in the same materials as above but comprise a monopitched roof profile sloping downward from east to west, with a maximum height of 5.76m and minimum height of 3.37m. The units would be complete with 3.5m high roller shutter doors, a pedestrian entrance do and additional 3.5m high surround glazing. - 2.5 The proposals include a total of 38 on-site parking spaces to serve the development, with a dedicated secure refuse/recycling to the immediate north of Unit 9, with covered cycle storage areas (10 spaces) in the south-western corner of the site (together with a dedicated pedestrian/cyclist access point) and immediately adjacent to the north-western corner of the existing warehouse. The proposals include a one-way clockwise internal vehicular access around the existing warehouse, continuing southward and then turning back north between units 1-5 and units 8-9. - 2.6 It is worthy of note that this application has been amended on a number of occasions with the quantum of development having been reduced due to highlighted flooding issues. The resultant development now proposed is reflective of comments largely received from the Department of Infrastructure's Flood Risk Management Division, insofar as built development from the southern portion of the site having been affectively omitted.
3.0 PLANNING HISTORY - 3.1 The site has been the subject of a fairly extensive planning history, the majority of which is not however considered to be of particular material relevance to this application. The following more recent applications are however listed below for reference: 20/01185/A - Approval in Principle for area of residential development - approved
20/01067/REM - Reserved Matters application in association with PA17/01308/A concerning access matters to the proposed site - refused
17/01308/A - Approval in principle for the construction of 24 apartments - approved
4.0 PLANNING POLICY - 4.1 The application site is identified on the Area Plan for the East as land zoned for 'industrial use' within Douglas. The site is not within a Conservation Area, however the southern
7 Retention and protection of undeveloped land zoned for industrial purposes 10 Sustainable transport
Spatial Policy
Transport Policy 4 Highway Safety
4.3 Area Plan for the East (2020) Employment Proposal 1 states that the development of existing industrial land 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).
Paragraph 8.5.1 of the Area Plan further adds that: There are a number of existing (established) industrial estates and business parks which include smaller vacant plots and areas. These were originally identified and recorded in the Site Identification Report (during the Preliminary Publicity Stage) as 'Site Assessment Framework (SAF) Category 1 Sites'. This label meant that given their size, nature and surrounding land use there was no real policy decision that needed to be made as part of the plan process and it was appropriate simply to colour wash these areas on the maps to reflect the wider land use. A purple 'hatch' or colour wash represents industrial land. Sites identified as SAF Category 1 and under 0.35 hectares are not specifically shown on the Proposals Map and Inset Maps.
Within the site, the proposed units are to have pedestrian pathways around their perimeter to aid safe movement around the site. Bus connections can be made from the bus stops either side of Groves Road, such as outside of the NSC, and further away on Peel Road. There are links for cyclists and the proposal is to provide secure enclosures for 30 bicycles at the north of the site outside of Units 1-10 and to the west outside of Units 11-12. The storage will be of a suitable type. Each unit is to electric charging point infrastructure enabled for discretionary installation by the owner / tenant of the units. This is welcomed.
The proposal includes modifications to the access junction from New Castletown Road based on a previous consent which may no longer be extant to be relied upon and may require an additional submission. These need to include exit visibility splays at 2.4 x43m in each direction to accord with the 30mph speed limit, drainage, and alterations to the kerb lines to better accommodate pedestrians and the turning of larger vehicles. These changes aim to provide greater and safer flow of traffic into and out from the site by speeding entry to reduce any queuing on the New Castletown Road. The proposal includes tactile paving and dropped kerbs at the pedestrian crossing points to aid awareness of the crossing and vehicular access/egress from the site. The existing gulley at the entrance to the site from the New Castletown Road is to be relocated in line with the proposed altered radius to ensure effective drainage and to safeguard the gulley from vehicular damage.
The works in the highway will require a separate permission from Highway Services under a s109(A) Highway Agreement after grant of any planning consent. On construction of the vehicular access, the existing road drainage must either be retained or an effective alternative scheme provided at the Applicant's / Developer's expense on a satisfactory arrangement being drawn up and agreed with the Highway Services' Drainage team. Works may be commissioned from a contractor accredited to work on a public road and constructed to commercial specification to the satisfaction of Highway Services.
The proposal indicates a section of two-way movement and shared use between the access junction and the southern end of the existing units. There would be an introduction of a 5mph speed limit, reconfiguration of existing parking to one side and angular to allow an installation
This arrangement would allow more convenient two-way movements at the northern end of the site larger vehicles at, the narrowest point and provide a low speed environment to help vulnerable users, such as cyclists, motor cyclists and pedestrians navigate safely through the site where there is a mixture of motorised vehicle traffic. The proposed one-way road system would allow larger vehicles to reverse into the unit forecourts and facilitates parking around the site as well as providing more forward visibility for oncoming drivers of vehicles.
It would further make for more convenient waste collection as demonstrated by a swept path analysis shown on the submitted Transport Plan, Drawing JTM2170-P-08 C. Units 1-10 are each to have 3 no. 240l refuse/recycling bins to be positioned at the rear of each building whilst Units 11-16 are each to use a shared refuse/recycling points with a minimum 14 no. 1100l bins. Douglas Borough Council may comment further on suitability of the waste collection facilities. It may be prudent to provide a construction management plan given existing users and pinch points adjacent existing buildings. Surface water run-off is to be contained within the site.
The proposal provides a total of 31 parking spaces, including three disabled bays to add to the eight no. parking spaces at the site on reconfiguration. This equates to at just under 2no.spaces per unit, but lower than required under the IOM Strategic Plan car parking standards for light industrial units of one space per 30sqm where 56 spaces would be needed but closer to the general industrial standard of one space per 50sqm, equivalent to 33 spaces. This is acceptable on there being more than adequate on-site cycle parking exceeding the Manual for Manx Roads criteria for employment uses of one space per 1,000sqm short stay and one space per 500sqm for long stay. Additionally, there are positive locational aspects for connectivity and alternative parking provision. There being bus and walking routes as well as public car parking nearby at the Bowl car park. Parking arrangements would need to be made clear to existing and future owners/ tenants and visitors to avoid overspill issues.
The proposal does not raise significant road safety or network functionality issues. There has been one slight personal injury related collision in the latest three-year period between the 01/11/2019 and 31/10/2022. This was on the A5 to the west of Spring Valley Crescent and was not located near the access to the site. The Stage 1 Road Safety Audit identified four problem areas mainly at the access to address pedestrian and cyclist crossing the A5 and drainage plus to the existing parking arrangements. These matters are addressed in the amended scheme.
JTM2170-P-03 Rev D.
The Applicant is advised of the need for a s109(A) Highway Agreement for works to the access junction. (20.12.22)
Highways Development Control notes the amendments uploaded on 9 February 2023 with the reduction in the number of units from 16 to 11 and adjustment to parking numbers from 31 to 26 spaces, including three bays for mobility impaired use, plus revisions to the layout on retaining an existing warehouse. These changes would remain acceptable in highway terms. Accordingly, HDC continues to not oppose this proposal subject to conditions for:
The Applicant is advised of the need for a s109(A) Highway Agreement for works to the access junction. (17.02.23)
"Highways Development Control notes the amendments uploaded on 9 February 2023 with the reduction in the number of units from 16 to 11 and adjustment to parking numbers from 31 to 26 spaces, including three bays for mobility impaired use, plus revisions to the layout on
retaining an existing warehouse. These changes would remain acceptable in highway terms. Accordingly, HDC continues to not oppose this proposal subject to conditions for:
The Applicant is advised of the need for a s109(A) Highway Agreement for works to the access junction. (15.08.23)
5.3 DEFA Biodiversity - The Ecosystem Policy Team acknowledge the changes to the proposed number and location of bird boxes as a result of the removal of one of the buildings from the proposed plans. From 19 boxes to 15. We are content with this change. Our comments from our response dated 8th March 2023 are still relevant:
We question the inclusion of the 16 Douglas Fir Trees. We don't object to this but think the applicant should consider their planting in regards to the size they will eventually grow to in relation to the Millmount Complex and their purpose. We think a mixture of species, including native broadleaved species should be selected instead.
We would also request that some of the south facing bird boxes are changed to bat boxes, in line with the MWTs recommended ecological mitigation recommendations. Should this application be approved, we request that a condition is secured for an ecological mitigation plan to be submitted to Planning for written approval prior to any works, including site clearance, from taking place. The on-site mitigation must then be undertaken in strict accordance with these agreed measures.
This plan should encompass the following: Details, including type and location, of nesting bird boxes to be erected on the new buildings. Details, including type and location, of bat boxes to be erected on the new buildings. Details of the shade tolerant ground flora - including seed mix, species composition, and
details of how this area is to be created and managed. Details of the new tree planting, including species and timing of planting.
A condition should also be secured on approval for no works to take place, including clearance and enabling works, unless a Construction Environmental Management Plan (CEMP) has been provided to Planning and approved in writing. The CEMP will need to contain details of 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.
The CEMP will need to incorporate the following avoidance and mitigation measures and the works must be undertaken in strict accordance with these measures:
Lastly, we have not yet seen details of any lighting requirements for the site, but lighting has the potential to lessen the value/ make redundant some of the ecological mitigation measures on site and therefore we request that a condition is secured for no permanent lighting to be installed unless a sensitive low level lighting plan, following best practise, as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8 on Bats and Artificial Lighting (12th September 2018), has been submitted to Planning and approved in writing. Lighting should be avoided on any trees and vegetation, any part of the river, and the proposed bat and bird boxes.
5.4 DEFA Forestry - Further to the submission of amended plans and additional arboricultural information, I would like to withdraw my objection to this planning application for the following reasons:
An outline tree protection plan has been provided, it would be prudent, however, to seek the technical specifications for fencing and signage that will be erected around the construction exclusion zone. I would therefore request that this information is sought through a precommencement condition, and that a condition is in place to ensure these tree protection measures are implemented throughout the entire development process.
5.5 Manx National Heritage - The development application has been amended to allow planting of a small number of trees, which we acknowledge, but feel that level of mitigation does not satisfy the recommendations laid out in the MWT Preliminary Ecological Appraisal (PEA) which was submitted as part of the application process. The PEA states that planting should be at least equivalent to the area of semi natural habitat which would be lost and that it should include suitable ground flora rather than flower beds.
The proposed mitigation does not meet either of the above criteria through the revised application. In general, where a development would result in a loss of habitat and or species, as is the case at Millmount, it is anticipated that mitigation measures would be in place to not only compensate for the loss but to increase opportunities for nature conservation with the overall aim of increasing biodiversity net gain.
Additionally the report from DEFA forestry highlights that the implementation of the tree protection plan is unlikely to be sufficient to prevent a significant and detrimental impact on trees. The deterioration and possible loss of trees, which are marked as being retained, would obviously further reduce biodiversity at this site.
For the above reasons MNH are unable to support this application in the current form. (11.01.23)
Having read through the environmental amendments made to this application we have no additional concerns to address. (01.03.23)
5.6 Highways Drainage - Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of
There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of Manx Utilities and the Sewerage Act 1999.
The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to Manx Utilities. All drainage works must conform to the requirements of "Manx Sewers for Adoption", any necessary CCTV surveys are to be carried out at the developer's expense.
In accordance with the Sewerage Act 1999, 9 communication fees will be payable to Manx Utilities Authority in respect each property being connected (directly or indirectly) to the public drainage system. (08.09.23)
5.9 DEFA Fisheries - I can confirm that DEFA, fisheries have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse. As the proposed works are in close proximity to the watercourse, precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river. The proposed waste material interceptor and soakaway must meet the required capacity to avoid any contaminated surface water entering the adjacent watercourse. Fisheries have also recommended that all new tenants using the proposed light commercial units be given a welcome pack, giving best practice advice on disposing of hazardous materials from the site. (12.01.23) - 5.10 Department for Enterprise - The Department's Officers are pleased to provide their comment and support for this application. The Department's Officers comments are based on a consideration of the application and how it delivers upon the policies and strategies set out in the Island Plan, the Isle of Man Economic Strategy: November 2022, the Department for Enterprise's Department Plan and the Isle of Man Climate Change Plan.
The Department's Officers note that the land is designated for 'Industrial' use within the Area Plan for the East, which came into operation on the 1st December 2020 and that in that regard, the proposals for the erection of 16 light industrial units would appear to accord with that designation. The Department's Officers also note that the site is included on the Unoccupied Urban Sites Register: East (Update 1) as site reference UUS 69 in the Cabinet Office's December 2022 update, which forms a part of the cohesive evidence base for both Government and the private
sector to help focus resources and facilitate the development of brownfield sites. In so doing, the Department's Officers also note that the objective 'Building Great Communities' in Our Island Plan makes a strong commitment to "focus development on brownfield sites".
The proposals represent valuable investment in the redevelopment of a former industrial site via the replacement of the existing 455.9sqm/4907sqft warehouse with 1673sqm/18,000sqft of light industrial units, representing a 27% increase in useful floor area as well as providing much needed modern, well insulated and secure units to foster small business. The Department's Officers note that units of this scale represent valuable 'start up' opportunities for small businesses.
The configuration of units 1-5, 6-10, 11-12 and 13 and 14 offer flexibility to increase in increments of 1 1 ,500sqft to 12,500sqft to accommodate business use, or expansion. Representatives of the Department regularly engage with companies looking for circa 2025,000sqft, so this flexibility could accommodate such businesses, particularly in the much sought after Douglas/eastern area.
In respect of Climate Change, sustainability and Environmental, Social and Governance ('ESG') goals, the application utilises Kingspan insulated panels produced in the UK, which are certified to BES 6001 (Framework Standard for the Responsible Sourcing of Construction Products) 'Very Good'. All Kingspan insulated panels manufacturing facilities across the UK and Ireland are 100% Net Zero Energy, with the insulated panels procured using steel that is made from 15 25% recycled content. As a result, Kingspan insulated panels directly contribute to BREEAM@ / LEED@ credits.
In conclusion, and having considered the scheme within the context of the Island Plan, the Economic Strategy, the Department's Plan and Isle of Man Climate Change Plan, I wish to provide my support for these proposals which seeks to actively regenerate and repurpose a previously developed site, which is in my view, is entirely in keeping with Government's ideal direction - to reuse and maximise a previously developed site rather than develop greenfield sites. (26.01.23)
6.0 ASSESSMENT - 6.1 The main issues to consider in the assessment of this planning application are as follows:
considered to be acceptable in their own right, and in particular would comprise a marginally reduced scale relative to the existing warehouse building to be retained.
whilst further noting that no details of lighting have been provided. It is considered that such matters can be suitably addressed through the submission of a detailed landscaping scheme and ecological enhancement plan by way of condition, together with details of an ecological friendly external lighting scheme should this be required. Over all it is considered that the proposals would ensure that there would be no overall net loss of biodiversity within the site and are therefore acceptable in this regard.
7.1 The application site forms part of land zoned for industrial purposes, with the development considered to amount to a highly efficient use of land whilst providing increased employment opportunities, without detriment to the character and appearance of the locality of the amenities of surrounding residential properties. The proposals would further ensure no net loss of on-site biodiversity, whilst being acceptable from a highways, drainage and flooding perspective following the submission of revised plans. The proposals are therefore considered to accord with Strategic Policies 1,2,5,7,10, Spatial Policy 1, General Policy 2, Environment Policies 4,10,22,42, Business Policies 1,2,5-6, and Transport Policies 4,7-8 of the Isle of Man Strategic Plan 2016 and relevant policies of the Area Plan for the East 2020. It is therefore recommended that the planning application be approved for the reasons contained within this report, subject to conditions attached to any forthcoming decision notice. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture (DEFA) is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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.
Decision Made : …Permitted……….... Committee Meeting Date:…06.11.2023
Signed :………T COWELL…………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
PA No 22/00865/B Applicant WDS Ltd Proposal Erection of 9 light industrial units with associated road infrastructure, parking and amendment to site levels and ground infill
Site Address Millmount Complex New Castletown Road Douglas Isle Of Man IM2 1HD Planning Officer Mr Toby Cowell Presenting Officer As above - Addendum to the Officer Report
22/00865/B Page 17 of 17
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