10 September 2020 · Planning Committee
Rileys Garden Centre, Cooil Road, Douglas, Isle Of Man, IM4 2af
The proposal sought approval for the retrospective use of 80 square metres within the existing garden centre building at Ballapaddag, Cooil Road, Douglas, specifically for selling bulky goods such as electric bicycles, petrol utility vehicles (including quad bikes and small motorcycles), and ancillary items.
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The officer determined that the sale of bulky goods like electric bicycles and petrol utility vehicles from 80m² within the garden centre qualifies under Business Policy 5 as items that 'could not rea…
All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) sited within the town and village centr
Requires all new retail development (except neighbourhood shops or Business Policy 5 instances) to be sited in town/village centres on zoned land. Officer assessed the proposal as new unauthorised retail but acceptable as a Business Policy 5 exception since bulky goods unsuitable for town centres, with no material impact on Douglas vitality at this scale.
Business Policy 5
On industrial land, retailing permitted only if items could not reasonably be sold in town centres due to size/nature, or produced on-site, and sales do not detract from town centre vitality. Officer found electric bikes/petrol vehicles meet the size/nature test, with limited 80m² area ensuring no detriment to Douglas town centre.
Strategic Policy 1
Requires optimising use of previously developed land. Officer noted site is previously developed but argument not sufficient alone to justify out-of-town retail.
Strategic Policy 6 - Major employment-generating development
Major employment-generating development in zoned centres. No quantifiable increase in employment as no floorspace expansion.
General Policy 3
Development not permitted outside zoned areas except on previously developed land where redevelopment improves landscape/environment. Site exceeds Open Space/Agricultural zoning but established garden centre use accepted.
new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment
Supports new retail in existing areas at appropriate scale without adverse effect on adjacent areas. Proposal's scale does not adversely affect Douglas.
Business Policy 10
Retail only in town/village centres except Business Policy 5 cases. Exception applied here.
Transport Policy 7
Requires parking per standards. No intensification so acceptable.
Limited goods and single retailer
This approval relates only to the additional sales consisting of and limited to electric bicycles and petrol utility vehicles (including quad bikes and small motorcycles) and any other goods which are ancillary and related to the main goods hereby permitted, (in addition to those listed in Condition 5). All of the above items can only be sold in conjunction with the occupation of the garden centre by a single retailer.
Maximum 80m² floorspace
The retailing or display for sale of same and ancillary goods (referred to in condition 1) shall not be undertaken within the site over an area exceeding 80 square metres of floor space at any time.
Reduce excess area within 1 month
If the retailing or display area is currently larger than as required by condition 2, it shall be reduced to that area within one month of the planning approval becoming valid.
No other uses permitted
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order) the premises shall only be used as a garden centre plus the purposes specified in the Conditions 1 and 5 and for no other purpose (including any other purpose in Class 1 on the Schedule to the Town and Country Planning (General Permitted Development) Order 2012 or any provision equivalent to that Class in any Statutory Instrument revoking and/or re-enacting that Order).
Permitted goods schedules
Notwithstanding the provisions above and for the avoidance of doubt the sale of items as set out in this condition is permitted. The retailing of products and the offering of services from the development shall be limited by the terms of the Schedules numbered 1-3 below and no retailing of other goods, products or services shall take place. [Full details of First, Second and Third Schedules as per decision notice].
no objection to the application
Braddan Parish Commissioners had no objections to the application. Isle of Man Fire & Rescue Service recommended refusal due to non-compliance with fire regulations regarding compartment size and fire loading. Highways Division had no highways interest.
Key concern: property has a compartment exceeding 5000m³ without fixed firefighting system, non-compliant with Fire Precautions (Fixed Firefighting Systems) Regulations 1999
Braddan Parish Commissioners
No ObjectionIt was unanimously resolved that the Commissioners had no objections to the following Planning Applications:; - PA17/01316/B - J R Riley Ltd - Approval to use 80 square metres of garden centre for sale of bulky goods including electric bicycles and petrol utility vehicles (retrospective)
Braddan Parish Commissioners
No ObjectionIt was unanimously resolved that the Commissioners had no objections to the following Planning Applications:; - **PA17/01316/B** - J R Riley Ltd - Approval to use 80 square metres of garden centre for sale of bulky goods including electric bicycles and petrol utility vehicles (retrospective)
Isle of Man Fire & Rescue Service
ObjectionThe Fire Precautions (Fixed Firefighting Systems) Regulations 1999 state that a property with a compartment size greater than 5000m³ is required to be fitted with a fixed firefighting system.; The above property has a compartment exceeding this size but no fixed firefighting system installed, so consequently does not comply with these Regulations.; Therefore this Department recommend refusal of this application as it does not currently comply with the above Regulations.
Department of Infrastructure (DOI) Highways Division
No ObjectionNo Highways Interest; NHI
