3 June 2020 · Head of Development Management (Stephen Butler)
Waltons Television, Unit 14 Cooil Smithy, Isle Of Man Business Park, Douglas, Isle Of Man, IM2 2qa
The proposal sought permission to add a retail element to an existing newly built industrial unit of approximately 319 sqm in floorspace, including a service reception (76.72 sqm) and retail/warehouse/demonstration area (231.16 sqm), selling TVs, accessories, soundbars, and a small range of home appliances alongside re…
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The officer assessed the principle of retail in an industrial unit as contrary to Braddan Local Plan Policies 2.4 and 2.5, which prohibit retail in industrial areas and limit retail to neighbourhood n…
Braddan Local Plan Policy 2.4
Prohibits retail developments in Braddan parish except for neighbourhood requirements of existing/future communities. The officer applied this strictly to refuse retail from an industrial unit, noting it conflicted with zoning despite a masterplan vision for mixed uses excluding retail.
Braddan Local Plan Policy 2.5
No development of retail use, nor conversion of existing buildings to retail use, permitted in existing or future industrial areas. Directly tested and failed as proposal introduced retail into zoned industrial unit.
Strategic Aim 9 of the Isle of Man Strategic Plan 2016
Requires all new retail (except neighbourhood shops or Business Policy 5 instances) sited in zoned town/village centres. Officer deemed proposal 'new retail development' despite ancillary nature, as unauthorised addition to industrial use, directing it to centres.
Business Policy 5
On industrial land, retail only if items cannot reasonably be sold from town centres due to size/nature, or produced on-site without detracting from town centre vitality. Key test failed: officer evidenced similar goods (TVs, white goods) sold in Douglas, Peel, Ramsey town centres, with available units, making exception inapplicable.
new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment
Supports new retail in existing retail areas at appropriate scale without adverse effect on adjacent areas; major proposals need Retail Impact Assessment. Cited to reinforce directing retail to centres and refusing out-of-centre impact.
Business Policy 10
Retail permitted only in established town/village centres, except neighbourhood shops or Business Policy 5 instances. Officer used to emphasise policy direction against out-of-centre retail.
General Policy 2
Permits development according with zoning and Area Plan if meeting design, amenity, access, parking, safety standards. Proposal failed zoning test but parking/highway access deemed acceptable.
Transport Policy 7
Requires parking per standards (1 per 50sqm industrial, 1 per 100sqm storage). 9 spaces adequate per Highways for 319sqm unit.
Do not Oppose. The level of parking is above the current standard of four at one space per 100sqm and adequate to cater for the proposed type of activity and likely number of staff and customers.
no objection
Highway Services raised no objection to the change of use citing adequate parking and no highway safety issues. Braddan Commissioners confirmed no objection. Douglas Borough Council requested a time extension and proposed plans but provided no substantive comments.
Douglas Borough Council
No CommentDouglas Borough Council would kindly request a time extension to the 21 day period normally allowed to provide comments on the application.; The Council would also kindly ask that the applicant provides a copy of the proposed plans. The application only appears to show the existing plans.
Department of Infrastructure Highway Services
No ObjectionThe level of parking is above the current standard of four at one space per 100sqm and adequate to cater for the proposed type of activity and likely number of staff and customers.; Accordingly, Highway Services do not oppose.; Recommendation: DNO.
Braddan Commissioners
No Objectionthe Commissioners had no objection to the following planning applications
Original application 20/00324/C for change of use was refused due to conflict with Braddan Local Plan Policies 2.4/2.5 and Strategic Plan policies directing retail to town centres. Appellant argued the business (Walton Direct, TV repair/sales) requires integrated operations under one roof, no suitable town centre sites exist, items are bulky, and it supports jobs/economy. Council defended refusal citing town centre viability and existing retailers like Colebourn’s. Inspector recommended dismissal, finding TVs/white goods as town centre staples and harm to Douglas vitality. Minister disagreed, finding Business Policy 5 satisfied as business cannot viably operate from town centre and no harm to vitality, allowing appeal with conditions restricting retail to TVs/white goods and ancillaries.
Precedent Value
Sets precedent that integrated industrial/retail businesses (e.g. repair+ sales) may qualify under Business Policy 5(a) if town centre severance unviable, even for electrical goods; Ministers can override Inspectors on policy interpretation with strong business evidence; no sequential test needed but business history persuasive.
Inspector: Michael Hurley BA Dip TP
