9 July 2018 · Planning Committee
Field 320653, Main Road, Crosby, Isle Of Man, IM4 2ee
The proposal sought approval of reserved matters for a single-storey rectangular retail building measuring 31.6m x 15.6m (493 sq m gross floor area externally, 365 sq m net retail) with two internal retail units (92 sq m and 273 sq m), storage, offices, toilets, a small internal balcony, and associated 33 parking space…
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The Committee refused contrary to the officer's recommendation, determining the building's size (larger than referenced in PA 15/00775/A) and particularly its height were out of keeping with the rural…
Spatial Policy 4
Requires development in villages like Crosby to maintain existing settlement character and be appropriate scale for local housing/employment needs. Committee found building size/height out of keeping with rural nature; officer assessed as compliant for neighbourhood retail serving village.
new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment
Requires major retail (>500 sq m external floorspace) supported by Retail Impact Assessment; supports new retail in existing areas at appropriate scale without adverse effects. Refusal cited size exceeding outline and rural location unacceptable without RIA; officer noted 498 sq m under threshold, no RIA needed.
Business Policy 10
Permits retail in town/village centres except neighbourhood shops in large residential areas (normally <100 sq m external). Officer viewed as appropriate neighbourhood facility for Crosby despite larger size; objectors/Committee deemed excessive like supermarket.
General Policy 2
Permits development per zoning if respecting site/surroundings in siting/layout/scale/design, no adverse amenity/character/highway impacts. Traffic harm to amenity cited in refusal; officer found compliant with landscaping/parking mitigating impacts.
Community Policy 1
Requires neighbourhood centres in new/expanded residential areas. Officer noted site as proposed residential allowing complementary shops.
Community Policy 2
New community facilities to serve local population, accessible to non-car users. Officer assessed as serving Crosby including new housing.
Transport Policy 7
Requires parking per standards (staff/customers/service for neighbourhood shops). Highway Services accepted 33 spaces; officer noted compliant ratio.
Environment Policy 7
Protects watercourses/streams. Officer proposed condition for stream works method statement.
Welcome addition providing cohesiveness, needed as current shopping requires car/bus/delivery
Most needed, must be passed
Badly needed for non-drivers, nearest shops Union Mills/Douglas/Peel require taxi
Benefits whole village, currently drive-through settlement
In favour
Desperate need post housing development, aids elderly/children, nearest Union Mills/Douglas
No objection subject to conditions on access, parking, visibility splays
Highway Services provided conditional no objection to the retail unit application subject to specific highway design and parking conditions, while Marown Parish Commissioners objected strongly to the design, scale, and compliance with approval in principle.
Key concern: Retail unit design and scale exceeds approval in principle and appears industrial/over-bearing
Highway Services Division
Conditional No ObjectionHighway services does not oppose the application subject to the following conditions; Recommendation: DNOC; The proposed level of parking of 1 per 15sqm is a similar rate to parking standards of retail units in the UK and is therefore deemed acceptable
Conditions requested: The detailed highway design of the site access routes, and the adjacent highway improvements on Peel Road, is to be submitted and agreed in writing prior to the construction of the development, and built in accordance with the approved details.; The site parking/turning/loading areas are to be suitably hard surfaced and provided prior to occupation of the development, and maintained as such unobstructed thereafter.; The highway visibility splays of 2.4m x 70m at the site access junction onto Peel Road are to be provided prior to construction of the development, and maintained as such unobstructed thereafter.; Proposed 2.3m wide footpath from the turning head adjacent to residential plot 16 and the old railway line to the south to be a combined footway/cycleway and properly constructed and surfaced for cycle use.; Total floor area limited to 498sqm without any future expansion of the building to include first floor office space
Marown Parish Commissioners
ObjectionThe Commissioners resolved to OBJECT on the following grounds; The proposed retail element, by virtue of its size and nature (including one large unit) is considered to exceed both what was described in the approval in principle, 15/00775/A. and what is considered to be an appropriate scale
Marown Parish Commissioners
ObjectionThe Commissioners therefore resolved to maintain their objection
Outline planning approval in principle (PA 15/00775/A) was granted on appeal for 28 dwellings and retail space at Ballaglonney Farm, with reserved matters for design, appearance, layout and landscaping. A prior reserved matters application (16/01314/REM) for the retail element was refused on appeal due to unauthorised office use and lack of Retail Impact Assessment for major retail over 500m². The current proposal for a 493m² footprint retail building with balcony and landing, totalling over 500m² externally measured, was refused by the Planning Committee for reasons including size, height, internal staircase and traffic impact. The appellant argued the size increase was de minimis, height matched housing, balcony was non-retail, and access was pre-approved. The inspector found the total floor space exceeded 500m², triggering Business Policy 9 requirements unmet without a Retail Impact Assessment, though visual impact was acceptable. The Minister accepted the inspector's recommendation to dismiss the appeal.
Precedent Value
This appeal demonstrates that reserved matters cannot authorise major retail development over 500m² without prior outline approval and Retail Impact Assessment per Business Policy 9, even if footprint changes are minor and principle approved; future applicants must ensure total external floorspace complies or seek full permission.
Inspector: Michael Hurley BA Dip TP
