14 January 2011 · Planning Committee - Mrs C Dudley, Deputy Secretary
Unit 6, Spring Valley Industrial Estate, Douglas, Isle Of Man, IM2 2qr
The proposal involves demolishing an existing industrial unit at Spring Valley Industrial Estate in Braddan and replacing it with two retail units totalling 1672m² gross floorspace, plus car parking for around 82 spaces and servicing areas, following approval in principle granted on appeal in 2010.
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The principle of retail development on the site was established by the approval in principle under PA 08/02135/A, granted on appeal by the Minister on 23 February 2010 following the Planning Inspector…
General Policy 1
Requires regard to Development Plan and material considerations. Officer applied this by prioritising the binding appeal decision on prior approval over objectors' re-challenges to principle.
General Policy 2
Requires development to respect site/surroundings in scale/design/amenity/highways. Proposal assessed as standard for type, fitting industrial character, no adverse amenity/highway effects.
All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) sited within the town and village centr
Directs new retail to town centres except per Business Policy 5. Principle established via appeal interpreting exception for bulky goods; reserved matters confirmed compliance.
Business Policy 1
Encourages employment growth per Plan policies. Retail units provide jobs consistent with prior approval.
Business Policy 5
Permits retailing on industrial land if bulky goods not reasonably sold in town centres and no harm to vitality/viability. Appeal Inspector interpreted favourably for this scheme; conditions enforce.
new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment
Supports retail in existing areas without adverse effects; major proposals need Retail Impact Assessment. Prior approval included assessment finding no harm.
Time limit
The development hereby permitted shall commence before the 23rd February 2014.
Approved drawings
This planning approval relates to drawing no.s: 9882-101 (date stamped 20th September 2010); V9882L01 rev. B (date stamped 20th September 2010); 9882-129 rev. A (date stamped 25th October 2010); 9882-100 rev. A (date stamped 2nd November 2010); 9882-120 rev. A (date stamped 11th November 2010); 9882-121 rev. A (date stamped 11th November 2010); 9882-122 rev. A (date stamped 11th November 2010); 9882-125 rev. A (date stamped 11th November 2010); 9882-126 rev. A (date stamped 11th November 2010); 9882-127 rev. A (date stamped 11th November 2010); and 9882-128 rev. A (date stamped 11th November 2010).
Landscaping scheme
All landscaping shown in drawing no. V9882L01 rev. B (date stamped 20th September 2010) must be carried out in the first planting and seeding seasons following the completion of the development or the commencement of use of the development, 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 a similar size and species.
Access and parking completion
The development shall not be brought into use until the access, any junction improvements and the car parking layout approved by the reserved matters application have been fully constructed, demarcated and are capable of use.
No external goods display/storage
There shall be no display or storage of goods outside the approved buildings.
No subdivision
The permission shall provide for a maximum of 2 units and there shall be no further sub-division.
Goods restriction
Notwithstanding the provisions of article 4 of the Town and Country Planning (Permitted Development) Order 2005, or any order revoking and re-enacting that Order with or without modifications, the goods to be sold within the units hereby approved shall not include food and shall consist primarily of building, decorating and home-improvement materials and equipment, furniture and floor coverings, garden goods and equipment, car parts, spares, maintenance goods and equipment, camping equipment, boats, quad bikes, bicycles, electrical goods and equipment, light fittings, pet food, pet supplies and pets.
no objection
no objection
Multiple public representations and one parish objection strongly oppose the retail development on industrial land at Spring Valley Industrial Estate, citing contravention of Isle of Man Strategic Plan policies on out-of-town retailing and impacts on town centre vitality.
Key concern: retail development on industrial land contravenes Strategic Plan policies and Tynwald intentions, setting dangerous precedent for out-of-town retailing
Isle of Man Chamber of Commerce
ObjectionThe Chamber of Commerce object to the application above which would permit retail uses on industrial land greater than those intended by Tynwald; This application effectively creates a new class of retailing permission which should be approved by Tynwald rather than by an independent planning Inspector from the UK; even using the office and leisure benchmark outlined in the strategic plan we would need to see a 46% increase in the planned car parking
Braddan Parish Commissioners
ObjectionThe Commissioners wished to object to the application and uphold the principle that the Trading Estate should not be for retail outlets. It was their opinion that there were sufficient brown field sites in Douglas to facilitate this type of development.
Douglas Development Partnership
ObjectionI write on behalf of Douglas Development Partnership as its Development Manager to object to the above application on the grounds that it contravenes Strategic Policy 9, Business Policy 5 and Business Policy 10 of the Isle of Man Strategic Plan.
Arg Beiyn Veterinary Practice
ObjectionThe proposed new building breaks the established building line both in frontage and in height. It will affect the arrival of large articulated vehicles to the building immediately adjacent to it; This development marks a significant change in retail provision on the Island. Small, local businesses will not be able to compete
JAC Distribution Ltd
ObjectionJAC DISTRIBUTION LTD object to the application above which would permit retail uses on industrial land greater than those intended by Tynwald
Tynwald Pet Centre
ObjectionI wish to object on two counts: Firstly, that this development is clearly in contravention to a reasonable interpretation of the current Isle of Man planning policy; The planners should at least require that a development of this scale should be accompanied by a detailed Retail Impact Assessment
The original application for approval in principle to demolish an existing unit and erect retail units with ancillary car parking and servicing at Unit 6, Spring Valley Industrial Estate was refused by the Planning Committee primarily because it proposed retailing outside an established shopping centre, would compound existing retail in industrial areas, and there was no need for the floorspace. The appellant argued compliance with Strategic Plan Business Policy 5 for bulky goods retailing on industrial estates without harm to town centre vitality/viability, supported by the 2009 Isle of Man Retailing Study. The inspector found the proposal complied with policy by reinterpreting Business Policy 5(a) to focus on forms of retail (bulky goods warehouses) rather than individual items, confirmed no suitable town centre sites, and no evidence of harm to centres. The appeal was allowed by the Minister, reversing the refusal, with conditions including restrictions on goods sold and reserved matters.
Precedent Value
Establishes that Business Policy 5(a) should be interpreted by retail format (bulky goods warehouses) not individual items; successful appeals need strong sequential/impact evidence even without formal policy test. Future applicants should provide detailed Retail Statements and site visits to comparable stores.
Inspector: David Bushby
