3 June 1997 · Department of Local Government and the Environment (Secretary)
Tesco Superstore, Victoria Road, Douglas, Isle Of Man, IM2 4re
The proposal involved replacing the existing Shoprite supermarket with a new larger building including associated car parking and landscaping on a site outside Douglas town centre. The site includes existing retail use, holiday chalets, and wooded areas, with the approval limited to the supermarket portion.
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The documents primarily show the formal refusal reasons from the initial Planning Committee decision and the final approval on review without detailed officer reasoning for the approval.
Castletown Local Plan - development promotion
Policy prohibits major retail developments outside the central area as defined on the map, allowing large span retail warehouses only in Lake Road area. The proposal for 14,400 sq.ft. addition outside town centre conflicted directly, forming primary refusal reason despite approval on review. Tension arose from previous permissions establishing site retail use.
Time limit
The development hereby permitted shall be commenced before the expiration of four years from the date of this notice.
Underground services
All services must be laid underground.
Site use limitation
This approval relates to the use, as a groceries supermarket, of that part of the site on which are proposed the new building and its associated car-parks and landscaped areas; no approval is hereby implied to any change of use of that part of the site on which there are holiday chalets or which is wooded.
Approved drawings
This approval relates to the building and engineering operations shown on drawings numbered as follows and submitted on the 11th November, 1997: 9647/PL003, 9647/PL004, 9647/AP006, 9647/PL010, 9647/PL011, 9093/103A.
Fire safety
Prior to the commencement of any works, the applicant/developer must consult with the Fire Prevention Officer with regard to all aspects of fire safety; the recommendations arising therefrom must be implemented prior to use of any or each part of the building; these works should be collated with the phasing arrangements referred to in (6) below.
Phasing arrangements
If it is proposed to undertake the proposed building operations on a phased basis such as to keep trading during the construction period, details of the phasing, together with arrangements for access, egress, parking, and fire precautions must be submitted to and approved by the Committee prior to the commencement of any works.
Accessibility
The entrance to the shop, the internal layout, and at least one set of sanitary facilities must be designed and constructed such as to be suitable for unassisted wheelchair users, in accordance with BS 5810.
Materials approval
Samples of all external finishes must be submitted to and approved by the Director of Planning prior to any use thereof.
Signage
All external signage must form the subject of a separate application under the Adverts Byelaws.
Landscaping scheme
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of similar size and species.
Highway arrangements
The revised highway arrangements shown on drawing no. 9093/103A must be undertaken and completed prior to work commencing on the construction of the new shop building; as part of these highway works, there must be provided "over-run" areas on the highway islands between Victoria Road and the petrol filling-station; the developer is advised to continue liaison with the Department of Transport in this regard.
Access closure
Access to the site via Linden Grove must be closed off and discontinued; the arrangements for so doing must be included as part of the phasing arrangements required by condition (6) above.
No objection in principle to revised access arrangements (mini roundabout, kerb lines, bus shelter on drawing 9093/103A) subject to conditions
Safeway Stores (via consultants) and Society for the Preservation of the Manx Countryside and Environment objected due to retail impact on town centre viability; Highways initially objected but later had no objection subject to conditions; Fire Service had no objection.
Key concern: cumulative retail impact threatening town centre viability
Heather Dixon Partnership Co Safeways
Objection"formally to object on behalf of Safeway, for the same reasons as the previous objection."; "the application should be recommended for refusal."; "no decision to approve should be taken until a retail impact assessment has been prepared"
Conditions requested: Retail impact assessment required taking account of cumulative impact
Department of Transport Highways & Traffic Division
Objectionproposal to reduce the available width to 6.0m ... is unacceptable
Department of Transport
Conditional No ObjectionIn broad principle the Department of Transport has no objection to these proposals and as such would recommend to the Committee approval on highway matters, but subject to the imposition of conditions.
Conditions requested: The revised highway arrangements as shown on Drawing No 9093/103A to be carried out prior to works commencing on the store construction.; Over run areas to be provided on the highway islands between Victoria Road and the Petrol Station to the requirements of the Department of Transport Development Control Engineer
Isle of Man Fire And Rescue Service
No ObjectionMy Fire Prevention Officer has examined the submitted drawings and has no objection to the scheme as proposed.
Conditions requested: If approved, we would require to be informed of all proposed matters of fire safety.
Society for the Preservation of the Manx Countryside and Environment
Objectionthis Shoprite scheme involving an increase from 25,600 to 40,000 sq.ft. will inevitably drive another nail into the coffin of town centre viability.
Precedent Value
This appeal statement demonstrates effective use of planning history (especially 1988 precedent), emerging policy supporting redevelopment, detailed retail impact assessment showing no harm, and site-specific amenity mitigation to challenge refusal reasons. Future applicants for retail redevelopments should prioritise sequential test evidence, quantitative/qualitative need, and precedents under similar policies.
