Riley's Garden Centre Home Interior Goods Planning Statement

Planning and Building Control Division Department of Environment, Food & Agriculture Murray House Mount Havelock Douglas IM1 2SF

Dear Sirs

Re: Riley's Garden Centre, Ballapaddag, Cooil Road, Douglas - Home Interior Goods

In direct response to the Consent Order in respect of JRRiley Limited and Eden Park Limited appeals against Enforcement Notices issued by the Department, please find enclosed their application to widen the range of goods sold from the site in the context of the garden centre/Riley's letter/enforcement notice/planning obligation to include Ladies, Men's and Children's clothing and shoes and Ladies & Men's and Children's country and outdoor coats/clothing at no more than 125m² in total.

We have considered the content of the section 13 agreement which is in place dated 21st November 2017 between the Department of Environment, Food and Agriculture and Eden Park Limited and J.R. Riley Limited (JRRL).

"In accordance with the intent of the agreement:

Background (F) Subject to any planning approval which may be granted in the future, the Counterparties have each agreed to a review and clarify what can be sold from Riley's Garden Centre in the manner set out in this Agreement and the Department has agreed that JRRL may make sales from Riley's Garden Centre in the manner set out in this Agreement".

JRRL have now reviewed the list of goods and carefully assessed the areas which have historically been set aside for sale of these goods and now clarifies that 125 m² provides them with the sales area necessary to continue providing these.

It is considered that the sale of these goods is consistent with Business Policy 9;

"The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment".

Based on the agreed list of retail products sold on site and as identified in the schedules (S13 Agreement). This is not a new retail area.

79 Parliament Street Ramsey Isle of Man IM8 1AQ

Tel 01624 810810 Fax 01624 810811 www.csarc.im [email protected]

architects development consultants interior designers project managers planning supervisors

Comerstone Architects is a trading name of Comerstone Architects Limited. Incorporated in the Isle of Man No. 32225 VAT Reg No: 000 9568 89

and Business Policy 10; "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5".

Eden Park Garden Centre is an established business which has historically sold the goods identified in the agreed schedules of the S13 agreement. It is not disputed that the Garden Centre has been selling goods which are not traditionally within the scope of a Garden Centre as set out in the schedules of the S13 Agreement.

The Applicant maintains that the sale of the goods identified represents an important element of his business. JR Riley Limited is well respected and recognised by many patrons/customers as a destination for a shopping trip out.

The range of goods is complementary to the garden centre and contributes to the retail "experience" in this location. Since opening in this location (after moving from the Town Centre location in 2004) the business has become increasingly competitive and new strategies have been employed to attract customers to the centre. The divergence of goods for sale is imperative to the success of the business in this location.

It is accepted that the choice to relocate was made by JR Riley Limited to make efficiencies from the original five units which were occupied on the Quayside in Douglas.

The requirement to sell Ladies, Men's and Children's clothing and Ladies, Men's and Children's outdoor coats and clothing in an area is considered insignificant in general retail statistics for the Isle of Man, it is however very significant in the operational context of Eden Park Garden Centre.

It is also presented for consideration the fact that internal furniture as proposed is bulky and with the direct relationship to conservatories and garden rooms that the proposed area is appropriate for sale at this location.

It is proposed that the area for sale of these goods is limited to the size indicated on Cornerstone Architects drawing numbered 2468/13/03 103. This drawing has been produced to indicate the space required for these sales and to allow an appraisal to be made of this space relative to other sales areas. It is not to be construed as the permanent location for the goods within the store and flexibility on the exact location for the sales of these items is sought to allow the displays to remain fresh.

We trust that this proposal meets with your favour and look forward to a positive outcome in due course.

By submitting this Planning Application on 14th December 2017 JRRL submit that the time constraints set out within the S13 agreement have been discharged and that the Department will consider the application on its own merits when read in conjunction with a further two applications for:

1) Clarification of Ladies, Men's and Children's Clothing and Shoes and Ladies, Men's and Children's country and outdoor coats/clothing. architects development consultants interior designers project managers planning supervisors

2) Clarification of bulky goods including electric bicycles and petrol utility vehicles including but not limited to quad bikes, small motorcycles and executive powered toys.

All submitted as their request to regulate and clarify the future use of Riley's Garden Centre and retail sales therefrom. Should the Department require any further information please do not hesitate to contact the applicant. Yours faithfully

Mr A. Lloyd-Davies Managing Director For and on Behalf of Cornerstone Architects cc Mr J R Riley architects development consultants interior designers project managers planning supervisors