29 November 2023 · Planning Committee
Unit 2, Springham Ind Est, Spring Valley Industrial Estate, Douglas, Isle Of Man, IM2 2qu
The application was for internal alterations to create a roughly 304sqm mezzanine floor within Unit 2 (Pets at Home) on an industrial estate, to be used for veterinary consultations, treatments, grooming, and ancillary pet care, physically linked to the existing retail below via stairs and lift.
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The Planning Committee refused despite the officer's recommendation for approval, viewing the proposal as finely balanced but ultimately harmful to town centre vitality.
General Policy 2
Requires development to respect zoning, not adversely affect amenity, provide safe access/parking, and not harm road safety/traffic. Officer found compliance as proposal respects industrial area, no amenity harm, sufficient parking per survey, no highway objection. Committee disagreed on GP2k, finding failure to justify non-town centre location in industrial zone.
Business Policy 1
Encourages employment growth if according with policies. Officer noted ancillary employment benefits from pet care diversification. Not cited in refusal.
Business Policy 5
On industrial land, retailing only if items too large/nature for town centres or produced on-site, without harming town centre vitality. Officer argued veterinary/grooming not pure retail, location benefits (parking/access), no Retail Impact Assessment needed. Committee found failed tests, no demonstration why not town centre.
new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment
Supports retail in existing areas at appropriate scale without harming adjacent areas; major needs Retail Impact Assessment. Officer noted below threshold, ancillary. Committee cited as failed due to out-of-centre intensification.
Business Policy 10
Retail only in town/village centres except neighbourhood shops or BP5 cases. Officer balanced against veterinary needs. Committee found contrary as no town centre justification.
All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) sited within the town and village centr
New retail/office in zoned town/village centres considering BP7/8. Referenced in prior refusals; Committee/prior reports noted prior exceedance undermined this.
Transport Policy 7
Requires no unacceptable highway/traffic impact. Overcame 2016 refusal via parking survey (min 35-48 spare spaces peak), no Highway Services objection.
Environment Policy 1
Officer concluded no adverse environmental impact.
Environment Policy 2
Officer concluded no adverse environmental impact.
Environment Policy 21
Officer concluded no adverse environmental impact.
Policy 2.4
Braddan Local Plan: no retail in Braddan except neighbourhood needs. Site industrial; retailing established via history.
Policy 2.5
Braddan Local Plan: no retail or conversion to retail in industrial areas. Officer noted prior approvals established retail principle contrary to zoning.
no significant negative impact upon highway safety, network functionality and /or parking due to the off-street parking available within the site and TRO parking restrictions on the public highway
no objection to the proposal
don't have any comments
DoI Highway Services and Braddan Parish Commissioners raised no objections to the application; DEFA Animal Health had no comments. Multiple public representations from local dog groomers objected due to potential harm to local businesses from corporate competition.
DoI Highway Services
No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking due to the off-street parking available within the site and TRO parking restrictions on the public highway in the vicinity of the proposals.
Braddan Parish Commissioners
No ObjectionThe Commissioners considered the following planning applications at their meeting on Thursday 14 September 2023 and I can confirm that they had no objections to any of the following:-; PA23/01021/B - Apply for planning permission for the installation of a mezzanine floor (to be used as a pet care, treatment and grooming facility), the installation of nine no. external air conditioning units, a gas bottle storage unit, fire exit door, external staircase and amendments to the roller shutter door - Unit 2, Spring Valley Industrial Estate, Braddan, Isle of Man, IM2 2QR
DEFA Animal Health
No CommentI have discussed with the other government vet and we don’t have any comments.
The original application for a mezzanine floor for veterinary practice, pet care, treatment, and grooming, plus external alterations, was refused by the Planning Committee on grounds of additional retail floorspace and insufficient information to overturn prior refusals. The appellant argued the use is not retail but ancillary pet care linked to existing store, with no harm to town centres or highways, supported by parking surveys. The Inspector found the proposal not retail, functionally linked to existing use, with adequate parking and no highway safety issues, thus not harming town centre vitality. The Minister concurred with the Inspector's recommendation to allow the appeal subject to conditions limiting use to ancillary pet care and restricting sales.
Precedent Value
Demonstrates ancillary pet care/treatment in existing out-of-centre retail can succeed if not classified as retail, parking proven adequate, and no town centre harm; future applicants should provide robust surveys and emphasise functional links over competition fears.
Inspector: Richard Perrins
