27 June 2024 · Delegated - Principal Planner (Jason Singleton)
Unit 2, Springham Ind Est, Spring Valley Industrial Estate, Douglas, Isle Of Man, IM2 2qu
The site is a retail unit operated by Pets at Home within an industrial estate, previously approved on appeal (23/01021/B) for a mezzanine floor for ancillary pet care uses plus external works. Condition 4 of that approval erroneously prohibited sales of pet food, supplies and pets, directly contradicting condition 9 o…
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The officer determined that condition 4 of PA23/01021/B was 'erroneously attached to the Decision Notice' by the Planning Inspector, as its wording 'clearly countermands the wording of condition 9 of …
General Policy 2
Requires development to respect site surroundings, not adversely affect amenity, provide safe access/parking, and avoid unacceptable road safety impacts. Previously assessed and accepted in 23/01021/B appeal; no new issues arise from condition removal as operations remain unchanged.
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/village centres except per Business Policy 5. Site's retail established via prior permissions; condition removal does not alter approved ancillary uses or sales permitted under original condition 9.
Business Policy 5
Permits retailing in industrial areas only if goods could not reasonably be sold in town centres due to size/nature and no detriment to centres. Established by 08/02135/A appeal; condition 4 removal restores original intent without expanding retail scope.
Business Policy 1
Encourages employment growth if according with policies. Ancillary pet care/retail supports existing retail employment without change.
new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment
Supports new retail in existing areas at appropriate scale without adverse effects. Mezzanine approved on appeal; no impact from condition tweak.
Business Policy 10
Retail only in centres except per BP5. Prior approvals confirmed compliance via appeal.
Braddan Local Plan Policy 2.4
No retail in Braddan Parish except neighbourhood needs. Overridden by prior appeal approvals establishing retail.
Braddan Local Plan Policy 2.5
No retail or conversions in industrial areas. Exception via BP5 confirmed in history.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Ancillary pet care use
The pet care / veterinary surgery / treatment and grooming facilities hereby approved shall only be used and operated in connection with the main retail use of the unit and shall not at any time be operated as an independent business. Reason: The uses hereby approved relate to the main and existing use, and have been found acceptable because they are ancillary to that use. Any sub-division of the unit would be contrary to adopted planning policies and also to previously determined planning applications of this site, and any changes to this would need to be assessed through the submission of a fresh planning application.
Ancillary retailing on mezzanine
Any retailing undertaken from the mezzanine floor space hereby approved shall be ancillary to that of the main unit. Reason: The uses hereby approved relate to the main and existing use, and have been found acceptable because they are ancillary to that use. Any sub-division of the unit would be contrary to adopted planning policies and also to previously determined planning applications of this site, and any changes to this would need to be assessed through the submission of a fresh planning application.
Mezzanine layout
The mezzanine floor hereby approved shall be laid out in full accordance with the drawing no. 6834/14, date-stamped as having been received 6th September 2023, as part of the previously approved PA23/01021/B planning permission. Reason: In the interest of placing appropriate controls with respect to the use of the site.
no significant negative impact upon highway safety, network functionality and/or parking, as the site is already used for pet type services and the car park can accommodate the existing and new mezzanine use through observed regular turnover of car parking spaces.
no objection to the proposal
Highway Services HDC and Braddan Commissioners both have no objection to application 24/00615/B for removal of condition 4 from prior permission 23/01021/B.
Highway Services HDC
No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, as the site is already used for pet type services and the car park can accommodate the existing and new mezzanine use through observed regular turnover of car parking spaces.
Braddan Commissioners
No ObjectionThe Commissioners considered the following planning applications at their Board meeting on 13 June and I can confirm they had no objection to either of them.; PA24/00615/B - Application for the removal of condition 4 of planning permission 23/01021/B - Unit 2 Spring Valley Industrial Estate, Union Mills, Isle Of Man IM2 2QR
The original application 23/01021/B sought approval for a mezzanine floor for veterinary practice, pet care, treatment, and grooming, plus external air-conditioning units, gas storage, fire exit, and roller shutter amendments at Unit 2 Spring Valley Industrial Estate, but was refused by the Department. The appeal (MEC/AP23/0048) was considered by an appointed person whose report was concurred with by Ms Tanya August-Hanson, MLC, on behalf of the Minister, leading to the appeal being allowed on 13 May 2024. The decision found the proposal compliant with key policies including General Policy 2, Environment Policies 1, 2, and 21, Business Policy 1, and Transport Policies TP4 and TP7, with no adverse environmental impact. Conditions were imposed to ensure ancillary use to the main retail, restrict retailing and goods types on the mezzanine, and control layout. A related application 24/00615/B to remove condition 4 was permitted separately.
Precedent Value
This appeal demonstrates that proposals for ancillary uses in industrial/retail units can succeed on appeal if they clearly align with Strategic Plan policies and ancillary conditions are accepted. Future applicants should provide robust justification tied to specific policies like those on environment, business, and transport.
Inspector: Appointed person (report not provided); Ms Tanya August-Hanson, MLC (delegated decision maker)
