21 August 2012 · Minister for Infrastructure (on appeal)
Land Adjacent Industrial Estate, Ballafletcher Road, Cronkbourne, Douglas, Isle Of Man, IM4 4ra
This decision was appealedAP12/0108
Appeal dismissed
This decision was appealedAP15/0022
Appeal allowed
The proposal seeks outline approval for a large-scale mixed-use scheme on scrub land partly zoned industrial and partly as open space/agricultural, comprising a warehouse (1400m²), entertainment centre (bowling alley, arcade, cafe, etc.), offices/trade counter/showroom (708m² with 166m² retail), and restaurant/pub/play…
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The officer report acknowledged the proposal's conflict with the Braddan Parish District Local Plan zoning (eastern part 'Predominantly Industrial', western part 'Land owned by Government (Open Space …
Strategic Policy 6 - Major employment-generating development
Requires major employment-generating development in existing zoned centres. Proposal generates employment but partly outside industrial zoning; economic benefits and no alternatives justified departure.
Strategic Policy 7
Protects zoned industrial land except where inappropriate/incompatible. Leisure/retail on industrial land contrary but minimal loss justified by integrated scheme and no alternatives.
General Policy 3
Prohibits development outside zoned areas except specific exceptions. Non-agricultural uses on open space/agricultural land do not fit exceptions but outdated zoning, connected uses, and economic need outweighed.
Environment Policy 1
Protects countryside unless overriding national need. Site partly countryside/high landscape value; economic/job benefits seen as overriding with no alternatives.
Environment Policy 2
Protects high landscape value areas. Site designated; development set back from road, landscaping at reserved matters to mitigate.
Business Policy 5
Limits industrial land to industrial/storage, retail only if bulky or on-site production without town centre harm. Warehouse compliant; trade counter wine sales (bulk, 70% trade) qualify as not reasonably town centre-suitable.
Business Policy 7
Offices to town centres or business parks. Offices linked to industrial operations; integrated location sustainable.
new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment
New retail in existing areas; major needs impact assessment. Small unit (166m²) exempt; no town centre harm as specialist/bulk.
Business Policy 10
Retail only in centres except BP5 cases. Trade counter fits BP5 exemption.
Transport Policy 4
Highways must accommodate traffic safely. Access visibility adequate; no objection.
Transport Policy 7
Parking per standards. 135 spaces vs 187 required justified by staggered use.
Reserved matters approval
Approval of the details of design, external appearance of the building(s), internal layout, landscaping of the site (herein called 'the reserved matters') shall be obtained from the Planning Authority in writing before any development is commenced.
Reserved matters application time limit
The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.
Commencement time limit
The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the latter.
Approved plans
This approval relates to the creation of a mixed use development providing warehousing, offices/retail accommodation and leisure facilities including service road and car parking as shown in drawing numbers 1699.01.P01, 1699.01.P02, 1699.01.P03, and 1699.01.P04 date stamped 16 September 2011.
Reserved matters details required
The plans and particulars submitted in accordance with Condition 2 above shall include: 1. a Design Statement; 2. a Green Travel Plan; 3. details of cycle shelters; and 4. a detailed Transport Assessment, which should include, but not limited to, both a detailed parking and junction assessment.
Access construction
The buildings shall not be used until the vehicular and pedestrian means of access have been constructed in accordance with the approved plans, and those means of access shall thereafter be kept available at all times for their respective purposes.
Car parking provision
The buildings shall not be used until the car parking and manoeuvring areas have been provided in accordance with the approved plans, and those areas shall thereafter be kept available at all times for their respective purposes.
Retail goods restriction
The goods to be sold within the trade counter/showroom/retail shop area must be restricted to alcohol, soft drinks, tobacco, bar type snacks and confectionery in conjunction with the office and warehouse unit associated therewith.
Retail operation restriction
The retail unit may not be brought into operation until such time as the warehouse and offices associated therewith are in use.
New businesses investing in IOM particularly providing facilities for youngsters must be supported
Fully supportive as great benefit to local community, though concerns on Ballafletcher Road access
No objection subject to full transport assessment at detailed stage
No objections subject to conditions
The original application (11/01290/A) for approval in principle of a mixed-use development including warehouse, bowling alley, offices, trade counter, pub/restaurant/motel and play areas was approved by the Planning Authority on 21 August 2012 subject to conditions reserving matters like design and layout. Dr Ritson and Braddan Parish Commissioners appealed, arguing conflict with industrial zoning, inappropriate mixed uses, highway safety risks from a new access off Ballafletcher Road, and visual overdevelopment in an area of High Landscape Value. The inspector, after a site visit and public inquiry, analysed land use policies, access/traffic, visual impacts and economic benefits, concluding that the scheme largely complied with policies given changed circumstances (e.g. sports pitches replacing agriculture), posed no highway safety issues, could achieve acceptable design, and offered significant economic benefits including jobs and investment. The Minister accepted the inspector's recommendation to dismiss the appeal on 8 January 2013, confirming the approval.
Precedent Value
This appeal shows approvals in principle can be upheld on appeal where functional integration, economic benefits and changed local circumstances outweigh strict zoning, but only without creating general precedent; future applicants should prioritise highway technical evidence and quantify job/investment gains.
Inspector: Alan Langton
