28 December 2017 · Delegated - Director of Planning and Building Control (Jennifer Chance)
N F U Mutual Insurance Society Ltd, Agriculture House, Ballafletcher Farm, Ballafletcher Road, Cronkbourne, Douglas, Isle Of Man, IM4 4ql
The proposal involved converting 66 sqm of office space and 58 sqm of meeting room on the upper floor of a two-storey building in a predominantly industrial area to food retail and preparation of Manx food products, mainly meat from the adjacent abattoir, retaining 30 sqm as office.
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The officer determined the proposal unacceptable primarily because it introduced a significant retail element (66 sqm) into land zoned 'Predominantly Industrial' under Braddan Local Plan Policy 2.5, w…
Braddan Local Plan Policy 2.5
Prohibits development or retail use, nor conversion of existing buildings to retail use, in existing or future industrial areas. The officer applied this strictly to the site's 'Predominantly Industrial' zoning, finding the 66 sqm retail element a direct contravention with no exceptions allowed.
Business Policy 5
Permits retailing on industrial land only if items cannot reasonably be sold from town centres due to size/nature, or are produced on-site and inseparable, and no detriment to town centre vitality/viability. Officer tested both exceptions: food sales viable in town centres, meat not on-site produced, no evidence of no detriment; applicant's scale/distance arguments rejected as policy has no threshold and seeks complementary town centre trips.
General Policy 2
Requires development to provide adequate parking/servicing (h) and not prejudice adjoining land (k). Assessed parking shortfall against existing office provision and potential prejudice to Creamery; drainage/services noted but deferrable to Building Control.
Transport Policy 7
Requires parking per Department standards (e.g. 1/15 sqm out-of-town office, 1/30 sqm light industrial). Proposal's 7 spaces inadequate for mixed use, relying on roadside and reducing from prior 11-space approval, without delivery/staff details.
Business Policy 7
Restricts new office space to town centres or exceptions; existing office use established via history (e.g. PA 13/00377/C), so 30 sqm retention not objectionable despite Local Plan para 3.3 limits.
Environmental Policy 22
Prohibits unacceptable harm via odour/noise etc.; processing impacts (odour/drainage) raised but not refusal reasons, assumable as butcher-like and condition/Building Control addressable.
No objection (later clarified as oversight, objection maintained)
Douglas Borough Council and Braddan Parish Commissioners (initially) objected to the application due to conflict with retail policies on industrial land, while Highways deferred pending parking and access information; Braddan later appeared to withdraw objection before reaffirming it.
Key concern: direct conflict with Isle of Man Strategic Plan Business Policies 5 and 10 prohibiting retail on industrial land
Douglas Borough Council
Objectionthe Council objects to this Planning Application; granting permission for such a scheme would represent a significant departure from policies within the Isle of Man Strategic Plan; The Planning Application is in direct conflict with the Isle of Man Strategic Plan Business Policies as follows: Business Policy 5... Business Policy 10
Braddan Parish Commissioners
Objectionthe Commissioners would object to the following Planning Application as it was contrary to Policy 2.5 of the 1991 Braddan Local Plan
Braddan Parish Commissioners
No ObjectionIt was unanimously resolved that the Commissioners had no objections to the following Planning Application: PA17/01021/C
Braddan Parish Commissioners
Objectionthey accepted that this was an oversight. They wish to maintain their objection to the application and register an objection to the amendment as submitted
Department of Infrastructure (DOI) Highways Division
Highway Services Comment made: Defer - awaiting information; DEFER on 16/10/17; Highway Services requests that the application is deferred to allow the applicant to provide additional information regarding staff numbers on site at any time; details of delivery vehicles including swept path diagrams demonstrating access and egress; confirmation that all of the parking originally allocated to the site is being made available
The original application for change of use of part of the upper floor to food retail and preparation was refused by DEFA. The appellant, Isle of Man Fatstock Marketing Association, appealed, amending the scheme to retail sales only of pre-packed Manx meat products in the 53sqm meeting room, dropping food preparation due to objections and losing control of the on-site car park. Key arguments centred on supporting the Food Strategy, products not reasonably severable from the abattoir business, and minimal town centre impact. The inspector found the proposal conflicted with retail policies BP5 (SP) and BLP 2.5 as meat could be sold in town centres and was severable, and lacked dedicated parking per TP7 and GP2(h). The Minister accepted the inspector's recommendation to dismiss the appeal, upholding the refusal, though noting it was finely balanced and advising on a potential revised application.
Precedent Value
This appeal demonstrates strict enforcement of 'town centre first' retail policies (BP5/BLP 2.5) in industrial areas, requiring compelling evidence for exceptions; future applicants must secure dedicated parking under applicant control and consider pre-application discussions, especially for Food Strategy-aligned proposals.
Inspector: Brian J Sims
