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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/90336/C Applicant : Mr Danny Cretney Proposal : Additional use of part ground floor jointly with existing car showroom for coffee shop (class 1.3) and further ancillary use for hot food takeaway (class 1.4) Site Address : Athol Garage Balthane Industrial Estate Balthane Ballasalla Isle Of Man IM9 2AF

Photo Taken : 25.06.2025 Site Visit : 25.06.2025 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Refused Date of Recommendation: 28.08.2025

Reasons for Refusal:

R 1. The proposed development conflicts with Strategic Policy 9 and Business Policy 5 of the Isle of Man Strategic Plan (2016), and Section 6.23 of the Area Plan for the South (2013), which collectively resist new retail and food uses outside designated town centres and Mixed-Use zones. The site lies within a designated Employment Area, where such uses are only permitted if ancillary to the primary industrial function or serving a defined local need. Although described as a joint use, the submitted plans and Operational Strategy confirm the entire showroom would be repurposed for a standalone Class 1.3/1.4 use, with no retained display function. The proposal is not operationally linked to the servicing business and fails to meet policy tests for ancillary or neighbourhood retail. Existing outlets nearby, including one within the estate, further weaken the justification for additional provision. The development would dilute the industrial character of the site and undermine strategic objectives to protect industrial employment land from incremental non- industrial encroachment. It is therefore not acceptable in principle.

R 2. The proposed development would introduce a materially more intensive pattern of activity, including increased footfall, short-stay visits, and vehicle movements, in close proximity to residential properties. The site currently operates with limited circulation space and a forecourt actively used for vehicle display and servicing, resulting in overspill parking and informal manoeuvring across private accesses. Neighbour representations and site observations confirm existing behavioural pressures, including driveway obstruction, turning within private accesses, and unsafe parking practices. The proposed use would likely exacerbate these issues, particularly during peak trading periods, due to its short-stay nature and increased turnover. No formal amenity or traffic impact assessment has been provided to quantify or mitigate these cumulative effects. On balance, the development is considered contrary to General Policy 2(g) of the Isle of Man Strategic Plan (2016), which requires that development does not adversely affect the amenity of local residents or the character of the locality.

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Interested Person Status - Additional Persons

It is recommended that the following organisations should NOT be given the Right to Appeal: o DoI Highways - No objection o Department for Enterprise (Business Isle of Man) - No objection

It is recommended that the following organisations should be given the Right to Appeal on the basis that they have submitted a relevant objection: o Malew Parish Commissioners

It is recommended that the owners/occupiers of the following properties should be given the Right to Appeal as they have submitted an objection that meets the specified criteria: o Balthane House, Balthane Road, Ballasalla

Officer’s Report

ADENDUM TO ORIGINAL REPORT (22.09.25)

THIS APPLICATION IS REFERRED TO PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT

A1.0 UPDATE FROM PLANNING COMMITTEE ON 15TH SEPTEMBER 2025 A1.1 At its meeting on 15th September 2025, the Planning Committee indicated an intention to overturn the officer's recommendation. However, a final decision was deferred to allow draft planning conditions to be brought before the Committee for consideration at the next meeting scheduled for 29 September 2025. It is noted that the committee will need to agree a reason for their decision. Furthermore, consideration of who should have the Right to Appeal will be required and in that regard the recommendation is unchanged.

A2.0 REVISED REPORT (UPDATED 22nd SEPTEMBER 2025) A2.1 Proposed Planning Conditions (Without Prejudice): The following draft conditions are proposed without prejudice, to assist the Committee in its further consideration of the application. These conditions are intended to address key planning matters and would be subject to review and amendment by the Committee at its next meeting.

C1: Commencement of Development The development hereby approved shall commence within four years from the date of this decision notice.

Reason: To comply with Article 26 of the Development Procedure Order 2019 and prevent the accumulation of unimplemented permissions.

C2: Floor Area and Operational Restriction The development hereby approved shall be carried out in accordance with the approved layout detailed on Drawing No. P586/01, and Operational Vehicle and Parking Strategy for Shared Use of Athol Garage Site prepared by Matthew James Limited and dated 7 August 2025 and shall be retained as such thereafter.

Reason: To ensure the development is implemented in accordance with the approved layout and plans as assessed.

C3: Use Class Restriction

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The approved coffee shop shall operate solely within Class 1.3 (food and drink for consumption on the premises) and Class 1.4 (hot food takeaway) and shall not be used for any other purpose within the Use Classes Order 2019.

Reason: To ensure the use remains consistent with the approved planning assessment and to prevent adverse impacts from alternative uses.

C4: Operational Hours The coffee shop and takeaway shall operate only between 0700 and 1900 Monday to Saturday, and 0800 to 1600 on Sundays and Bank Holidays.

Reason: To protect residential amenity and ensure compatibility with surrounding land uses, particularly adjacent dwellings.

C5: Parking Allocation and Management The development shall be operated in accordance with the submitted Parking Management Plan, which identifies a minimum of 15 dedicated short-stay parking spaces for coffee shop and takeaway customers. The approved signage, wayfinding, and operational arrangements shall be implemented in full prior to first use and retained as such thereafter.

Reason: To ensure adequate parking provision and prevent overspill onto surrounding residential roads, in accordance with General Policy 2(h) and Transport Policy 7.

C6: Delivery and Waste Management Prior to first use, a Delivery and Waste Management Plan shall be submitted to and approved in writing by the Department. The plan shall include: i. Delivery hours and vehicle types; ii. Waste storage and collection arrangements; iii. Measures to prevent odour and litter nuisance. The development shall be carried out in accordance with the approved details.

Reason: To safeguard residential amenity and ensure efficient servicing arrangements in accordance with Environment Policy 22.

C7: Odour and Ventilation Control Prior to installation, details of any extraction or ventilation equipment shall be submitted to and approved in writing by the Department. The equipment shall be installed in accordance with the approved details and retained thereafter.

Reason: To prevent odour nuisance and protect the amenity of nearby residential properties in accordance with Environment Policy 22.

C8: Amenity Safeguards No external amplified music, outdoor seating, or external lighting associated with the coffee shop or takeaway shall be installed or operated unless expressly authorised through a separate planning approval.

Reason: To prevent disturbance to nearby residents and ensure that any intensification of use is subject to formal assessment in accordance with General Policy 2(g) and Environment Policy 22.

A3.0 The remainder of this report is unchanged. Any further representations received, or any other information will be confirmed via verbal update to the committee.

-- ORIGINAL REPORT -

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THIS APPLICATION IS REFERRED TO PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT

1.0 THE SITE 1.1 The site comprises the curtilage of Athol Garage, a car sales and vehicle servicing business located on the north-eastern side of Balthane Road, near the entrance to the Balthane Industrial Estate. It is strategically positioned with direct visibility from the main road and is bounded to the south by a minor access road that serves newer industrial developments within the estate.

1.2 Access to the site is gained via this southern minor road. The site includes a main garage building, which accommodates all repair and servicing operations. Surrounding this building, car parking areas are arranged to the north, west, and south, with designated spaces for both customer parking and the display of vehicles for sale.

1.3 Immediately to the north of the site are two semi-detached residential properties, named Eaylee and Thie Ain, which are separated from the commercial premises by trees and mature hedging. These create a buffer between the garage and the adjacent residential properties.

1.4 The location benefits from proximity to both residential dwellings and the Balthane Industrial Estate, offering a unique interface between light industrial and residential zones.

1.5 The application site is located within a well-connected area that benefits from proximity to several existing hot food and drink establishments, within a walkable and accessible road network. a. Kelly's Café, The Park, Balthane Estate: Located approximately 300 meters from the site, this café is accessible via a 4-minute walk along Balthane Road.

b. Quirky Tea Pot, Main Road, Ballasalla: Situated 0.6 miles from the site, this site is reachable via a 9-minute walk along the A5 and A12.

c. The Whitestone Inn, Station Road, Ballasalla: Located approximately 500 meters from the site, this public house is accessible via a 7-minute walk along the A5. It offers hot food and beverages, serving both local residents and visitors.

d. Chef D' Pedro, 1/3 Claugh Vane, Ballasalla: Located 1.1 km from the site, this food outlet is a 2-minute drive via the A5, and 14-minute walk. Its proximity by car supports the case for vehicular access to food premises in the area.

e. Ballasalla Airport Garage: The redevelopment of this site which is situated only a 5-minute walking distance and 1-minute drive is to have provision for hot food take-away.

f. Costcutter, 7 Cringle Close, Reayrt Mie, Ballasalla: This location is located about 2.6 km using the A5, making it a 5minute car journey and 34-minute walk. However, with the new footpaths and roads to be created between Reayrt Mie and the Balthane Estate, the site would be 600 meters from the Costcutter store, and accessible via an 8-minute walk.

2.0 THE PROPOSAL 2.1 Planning approval is sought for Additional use of part ground floor jointly with existing car showroom for coffee shop (class 1.3) and further ancillary use for hot food takeaway (class 1.4).

2.2 The proposed internal alterations would involve the conversion of the current showroom area, identified in cyan on the submitted floor plan, into a dedicated coffee hub. This area, as shown in the interior photographs, currently includes the vehicle display space, customer counter, and stair access, all of which will be repurposed. The new layout will include: a. A coffee shop seating areas b. A serving counter

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c. A store to support the Coffee Hub.

2.3 All other areas of the building outside the area marked for the proposed Coffee hub will be retained as existing, with no changes proposed. The development will result in the complete removal of the internal car showroom. There would be no external alterations to the property.

2.4 Following the decision by the applicant to defer the determination of the application, the applicants have submitted additional information in the form of an Operational Strategy, a Parking allocation plan, and agents' response to concerns raised by the Planning Officer.

2.4.1 The Operational Strategy provides the following details: 1. It outlines how Athol Garage will operate with both its existing car sales business and the proposed coffee shop, focusing on parking, circulation, site management, and minimising congestion. 2. The site includes a former showroom, servicing facilities, and a large hard-surfaced parking area with 91 marked spaces. Vehicle movements are minimal-1-2 test drives per weekday and 5-6 on Saturdays, with the business closed on Sundays. 3. Most servicing is for vehicles intended for sale, which are moved directly into service bays and collected post-servicing. Weekly car movements for sales are estimated at 16-20. 4. The current parking allocation includes 89 spaces for car display and 2 for visitor/customer use. Under the proposed scheme, this will shift to 76 spaces for car display and 15 for coffee shop and visitor use. 5. The coffee shop will occupy part of the under-utilised showroom and offer 28 internal seats, serving garage customers, the public, nearby workers, and passing trade. Combined peak parking demand is expected to be 10-15 vehicles. 6. The operator can dynamically reallocate parking spaces by reducing car display numbers to meet visitor demand. Up to 10-15 additional spaces can be made available for coffee shop use if needed. 7. Clear signage and wayfinding will guide visitors to designated short-stay café parking bays near the entrance, supporting efficient circulation and minimising confusion. 8. A shared parking model is feasible due to low car sales movement and overlapping visitor use between the garage and coffee shop, reducing the overall load on parking demand. 9. The Local Highways Authority has raised no objections, confirming the adequacy of the 91 spaces and the absence of highway safety or congestion concerns. This was reaffirmed in consultations held in April and July. 10. No changes are proposed to site access or circulation, which is already well-managed with 6m aisles, standard 2.5 x 5m bays, and a disabled space included in the approved layout. 11. The strategy concludes that the site can accommodate both uses concurrently, with built-in flexibility and no adverse impact on highways or neighbouring uses. The coffee shop enhances on- site amenity while maintaining the garage's core commercial function.

2.4.2 The Agents Response also contains the following: 1. The agent acknowledges the site is zoned for industrial use but argues that Balthane has evolved into a mixed-use area with residential, retail, leisure, medical, and food businesses. The coffee shop would complement this mix and serve both estate workers and nearby residents. 2. The proposal involves repurposing an underused showroom space, aligning with Strategic Policy 1(a), Environment Policy 43, and Community Policy 2, which support the reuse of redundant buildings for community benefit. 3. The agent cites Paragraph 10.5.2 of the Strategic Plan, noting that applications for community facilities are assessed on land use grounds and do not need to justify need, as the application itself is evidence of demand. 4. The coffee shop is positioned as a social and community facility, not reliant on town centre location, and similar to other approved mixed-use developments like Cycle360 in Braddan. 5. The agent highlights the unique offering of the proposed coffee shop - health-focused food and drink aligned with the applicant's gym business - which is not currently available within the estate.

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6. Planning use classes do not differentiate between types of food outlets, but the agent argues that diversity in offerings can coexist without harming existing businesses. 7. Several precedents are cited for mixed-use approvals at Balthane, including cafés, hair salons, recreation facilities, and community assembly buildings, demonstrating flexible application of the Area Plan. 8. Regarding parking concerns, the agent states that the site has 91 spaces under single operational control, with flexibility to allocate spaces based on demand. A formal visitor parking plan has been prepared to ensure adequate provision. 9. The agent responds to concerns from Balthane House residents by noting that: o Visitor parking will be clearly signed and allocated. o Highway Services have confirmed adequacy of parking. o Road safety issues are enforcement matters, but improved signage and management will help mitigate them. o The coffee shop's modest scale (28 covers) is unlikely to significantly impact traffic or residential amenity. 10. The building's location at the estate entrance and its dedicated access do not interfere with wider estate functionality or traffic flow, including for larger vehicles. 11. The agent confirms that the landlord will initially allocate 10 spaces for coffee shop visitors, with flexibility to adjust based on footfall and demand. 12. The provision of one unisex disabled WC with baby changing, plus separate staff facilities, is deemed sufficient for the expected customer volume, in line with BS 6465-1 guidance. 13. The agent expresses hope that Malew Commissioners will support the proposal, viewing it as a valuable social hub for the growing Balthane community. 14. The agent requests confirmation of any procedural requirements and offers to submit revised material addressing policy, parking, and amenity concerns. 15. Multiple follow-up emails from the agent and applicant express concern about lack of communication and request assurance that the application will not be determined before revised materials are submitted and reviewed.

3.0 PLANNING POLICY 3.1 The site is designated as industrial on the Area Plan for the South (2013) and also zoned as an Employment Area on the Area Plan Maps, although the site is not within a Conservation Area. The site is largely not prone to flood risks (only parking area south of the building is prone to flooding), or within a Registered Tree Area, and there are no Registered Trees on site.

3.2 Area: Area Plan for the South 3.2.1 The following parts of the Area Plan for the South are relevant for consideration: 1. Section 6.1: "6.1.1 Whilst Douglas is the primary employment location for many southern residents, there are also a number of significant local employers in the South. These include the Airport and associated businesses as well as an array of other public sector employers. There are also a number of private firms and businesses focused mainly around Castletown and the industrial estates towards Ballasalla. 6.1.2 The majority of the retail provision in the South is within the existing settlements. Most of this is located in the Service Centres of Castletown and Port Erin both of which offer some comparison and convenience retailing."

Section 6.23: Retail Development outside Existing Centres "6.23.1 All of the centres within the South provide an important service to local residents and their on-going vitality and viability needs to be ensured. To this end there will be a presumption against new retail development outside the designated 'Mixed Use' areas other than the provision of neighbourhood shops such as those at Ballabeg, Colby and Clagh Vane."

Mixed Use Proposal 1: In order to maintain and enhance the vitality of the Mixed Use areas in Port Erin, Castletown and Ballasalla, there will be a presumption in favour of the retention of

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existing retail units on the ground floor although each case will be determined upon its circumstances and merits.

Paragraph 6.8.2: "The Balthane Industrial Estate is located just south of Ballasalla Village. The Estate is used by a mix of businesses but incremental development, poor maintenance of buildings, roads and footways, has over the years, resulted in the Estate appearing neglected and unattractive in many parts giving a poor impression to the public, customers and businesses alike. It is recognised that the Estate is home to some uses which are essential to support the Island and also that there is scope for the general appearance and access to the Estate to be improved. There is considerable land available at Balthane which was first identified on the 1982 Development Order. It has been deemed appropriate to carry forward this designation into the Area Plan but there is a need to secure improvement works on the Estate."

Paragraph 6.14.1: "The Island Spatial Strategy (Chapter 5 of the Isle of Man Strategic Plan) sets out the role each of the settlements should play in meeting the needs of its residents. Port Erin and Castletown (as 'Service Centres'), should provide a range of employment opportunities and will be the main focus for retailing within the South. Indeed, both of these settlements offer some comparison and convenience shopping. Port St Mary and Ballasalla (as 'Service Villages') should meet more local needs and requirements in terms of retailing. In line with the settlement hierarchy, the majority of retail provision in the South can be found within the existing settlements."

Section 6.19: Current Retail Provision in Ballasalla (a Service Village) "6.19.1 There are several shops and a Public House within the middle of Ballasalla Village, all serving essentially local needs. There is also, at the filling-station on the south side of the Village, a general store which serves not only local needs but through traffic. There is also a neighbourhood store within the Clagh Vane Estate which serves local residents."

3.3 National: STRATEGIC PLAN 3.3.1 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application: 1. General Policy 2 - Development Criteria, ensuring developments are appropriate for their location, support sustainable economic and social outcomes, and do not harm the character of the area. 2. Strategic Policy 1 - Sustainable Development and efficient use of land and resources, promoting well-located, accessible development that contributes positively to economic growth without undermining sustainability objectives. 3. Strategic Policy 2 - Development focused in existing towns and villages to preserve their character and avoid coalescence. 4. Strategic Policy 6 - Major employment-generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans. 5. Strategic Policy 9 - Retail and office developments (excepting specific exemptions) must be within town and village centres as designated in Area Plans. 6. Strategic Policy 10 - Promoting integrated journeys, minimizing car use, and facilitating alternative modes of transport. 7. Transport Policy 1 - Proximity to public transport. 8. Transport Policy 2 - Development layouts linked to existing systems. 9. Transport Policy 4 - Ensuring highway safety. 10. Transport Policy 7 - Parking provisions, including Appendix A.7.6 standards. 11. Business Policy 1 - Supporting economic growth through business developments that benefit local employment and sustainability. 12. Paragraph 9.2.6 - Since the adoption of the Braddan Local Plan in 1991, pressure has been growing for the inclusion within industrial areas of a variety of retail-related uses, with some applications being successful. Those which have been successful have generally fallen into one of the following two categories:

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a) developments of a retail nature where the items being retailed cannot generally be sold from a high street or town centre location, e.g. motor cars, builders' materials, agricultural equipment and feed; and b) developments which in themselves are not retail but comprise elements of retail use which are inextricably linked to the primary use of the building or site - e.g. tailor-made clothing or video tapes manufactured on the premises. However, there are good reasons not only for directing most retail uses to town centre locations but also for reserving industrial land for its designated purpose. It is important to ensure that sufficient suitable land is available for industrial development. In any case, most industrial estates are unsuitable as environments for shoppers. 13. Business Policy 5 - On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either: (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area. 14. Business Policy 9 - Directing retail developments to town centres and mixed-use areas.

4.0 OTHER MATTERIAL CONSIDERATIONS 4.1 EMPLOYMENT LAND REVIEW 2025 The Employment Land Review 2025 (ELR) provides a comprehensive evidence base on the use, sufficiency, and policy context of employment land across the Island. Several findings are directly relevant to the assessment of this application:

4.2.1 Policy Reinforcement of Industrial Zoning Paragraph 2.8.4 of the ELR reiterates Employment Proposal 1 from the Area Plan for the South, which states: "All industrial uses, other than small scale light industrial uses considered to be acceptable within the Mixed Use areas, or those uses deemed appropriate by the Isle of Man Strategic Plan Business Policy 7, will be located on the Industrial Estate at Balthane and where appropriate Ronaldsway and the Freeport." This reinforces the strategic intent to concentrate industrial uses within designated employment areas and to resist the dilution of such areas by non-industrial uses.

4.2.2 Proliferation of Non-Employment Uses The ELR identifies a growing issue of non-employment uses within industrial estates, noting in the Key Findings (pages 6 - 7), Paragraph 1.1.5): "The proliferation of non-employment uses in industrial areas is making it difficult for genuine industrial businesses to obtain and operate from premises in a location suitable for their business." Recommendations 5. Development briefs, and planning conditions which set guidance for new development should be specific, where necessary, to ensure employment land is used for genuine industrial uses.

4.2.3 Spatial Strategy and Employment Land Demand The ELR sets out a clear spatial preference for employment land distribution, with 38% of demand focused in the East, followed by 25% in the South, 20% in the West, and 17% in the North (Table 33, page 75). Paragraph 24.1.14: In analysing responses there was a clear preference for development that broadly follows the Islands existing Spatial Strategy However, there was a clear preference for more opportunities in the North, South and West. This is in all likelihood a result of limited residential development opportunities in the East prior to approval of the Area Plan for the East. Table 33 below sets out regional preferences.

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4.2.4 Land Use Integrity and Regeneration Objectives Paragraphs 2.8.2-2.8.3 of the ELR highlight the regeneration objectives for Balthane, including the need to develop the economic activity in Ballasalla, Balthane, and the Freport, whilst stipulating that the approach to achieving this is outlined in Paragraphs 2.8.3 to 2.8.8.

4.2.5 Planning Application Trends and Non-Delivery The ELR notes that only 64% of employment-related planning applications have been implemented, with 10% lapsed and 36% remaining undeveloped (Table 23, page 68). Paragraph 22.1.2: While the take up rates of Residential developments are well understood by way of the Residential Land Availability Study10, and contribute a useful assumption in calculating need, such monitoring hasn't taken place for Employment land on a regular basis. This evidence gap was also noted in the ELR. Provisionally the Department has prepared Table 23 to summarise the take up rate of planning applications to or for properties within land designated for employment uses.

4.2 THE TOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 2019 4.2.1 This document provides the statutory framework for categorising land uses in the Isle of Man. Under Article 5(2)(c), the sale, display or washing of motor vehicles is explicitly excluded from any defined use class, and is therefore treated as a sui generis use. This means that car showrooms and sales facilities require specific planning permission and are assessed on their individual merits.

4.2.2 The wider site operation in its current form includes vehicle servicing and maintenance, which falls within the definition of "industrial process" under Article 4(1)(b) of the Town and Country Planning (Use Classes) Order 2019: "...the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or adapting for sale... of any article... being a process carried on in the course of trade or business other than agriculture." These activities are consistent with Class 2.2 (Light Industry) or Class 2.3 (General Industrial), depending on their scale and operational characteristics.

4.2.3 By contrast, the proposed coffee shop and hot food takeaway fall within Class 1.3 (Food and Drink) and Class 1.4 (Hot Food Takeaway) respectively. These are defined as: o Class 1.3: "Use for the purpose of selling food or drink for consumption on the premises (including restaurants, cafés, public houses, wine bars or other such establishments)." o Class 1.4: "Use for the purpose of selling hot food intended for consumption off the premises." These definitions clarify the functional and policy distinction between the existing industrial operations and the proposed food and drink uses, which are assessed further under Section 7.2.

4.3 FLOOD RISK MANAGEMENT ACT (2013) 4.3.1 Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations.

4.4 ISLE OF MAN CLIMATE CHANGE PLAN 2022-2027 4.4.1 It's noted within the above document that Transport is the Islands third largest source of emissions, of which Transport Deliverable 3.4 states, "Reduce the need to travel by continuing to support the provision of public services close to where people live (e.g. licence applications, payments etc.) and supporting practices such as home working."

5.0 PLANNING HISTORY 5.1 The site has been the subject of a number of applications, two of which are considered relevant in the consideration of the current application. 1. PA 07/02363/B for Erection of a car hire and sales centre with associated parking and landscaping - Approved 10 April 2008.

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The officer report noted that the site was located "towards the entrance of Balthane Industrial Estate, approximately 60m from the junction of the estate road (B12) with the A5 Douglas Road" and that it "wraps around and behind two existing semi-detached residential properties - Thie Aalin and Eaylee" (Officer Report, Page 1).

At the time of determination, the site was described as "partly white land (that is adjacent to two residential properties) and partly Proposed Industrial" (Officer Report, Page 2). The report further stated that "the character of the site is predominantly industrial and with further areas designated for industrial development... this can only be further consolidated" and that "residential development on the site would inevitably place constraints on the future industrial use of the adjoining land" (Officer Report, Page 2).

The proposal was assessed as consistent with the land use designation, with the officer stating: "The use of the site for car hire and sales is consistent with the land use designation and the use of other sites within Balthane" (Officer Report, Page 2).

In terms of policy justification, the officer cited Business Policy 5 of the Strategic Plan: "On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where the items to be sold could not reasonably be sold from a town centre location because of their size or nature" (Officer Report, Page 3).

PA 09/00039/B for Creation of 14 additional parking spaces and re location of bin store. This was approved by the Planning Committee on 27.02.2009.

5.2 Whilst not directly related to the application site, it is noted that planning approval was granted under PA 12/01610/B for the use of a building as either an industrial unit or a café with external seating area within the Balthane Estate (now operating as Kelly's Café). That proposal was assessed at a time when there were no comparable facilities within the estate and was justified on the basis of providing a service to estate workers in the absence of alternatives. It was modest in scale, retained the potential for future industrial use, and was considered unlikely to impact the vitality of nearby centres. The current proposal differs materially in terms of scale, context, and cumulative impact, and must therefore be assessed on its own merits in accordance with prevailing policy. While the Kelly's Café approval provides useful context, each application must be assessed on its own merits, with regard to site-specific circumstances and current policy compliance.

5.2.1 See extract from Officer report: "ASSESSMENT 11. In discussions with the applicant, it is their intention to provide a service primarily for the staff on the estate who only presently have a caravan-type catering facility to provide hot food and there is nowhere for customers to sit and have their lunch or drink. Given the environment of Balthane, it is very unlikely that such a facility will pose a threat to the other catering establishments in the vicinity - the Whitestone Public House, Silverdale Cafe and The Abbey restaurant. Whilst Balthane is a place of industrial uses, there are still staff and customers who visit the area and may want somewhere to sit, outside their individual premises, and perhaps have a drink, food or meal.

12. Similarly, it is not likely that the facility will attract many customers from outside the estate and as such, whilst 8 spaces are required, and only five are provided, it is not likely that parking on the highway will result in so significant an issue as would render the application unacceptable.

13. The changes to the building will not render the unit unusable for industrial purposes and are not irrevocable. As such, the application is recommended for approval."

6.0 REPRESENTATIONS

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Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 DOI Highway Services find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking as there is suitable parking available within the site for visitors and existing users on the site (7 February 2024).

6.2 Malew Parish Commissioners discussed the application at their meeting held on 7th May and concluded that the plan should include designated parking for the coffee shop and also the toilet facilities are inadequate (8 May 2025).

6.2.1 In response to concerns raised by the Commissioners regarding parking provision for the proposed coffee shop, the applicant has confirmed that the site currently accommodates a total of 91 parking spaces, which Highway Services have deemed sufficient to support both the existing and proposed uses. Of these, the applicant intends to initially allocate 10 spaces specifically for visitors to the coffee shop. The site owner retains full control over the allocation of parking spaces and has the flexibility to adjust this number in response to actual demand. This flexibility is further supported by the anticipated reduction in car sales activity, which will naturally free up additional parking capacity. The applicant's approach ensures that parking provision remains responsive and proportionate to footfall, without requiring physical changes to the site layout.

6.3 DEFA Environmental Health have no interest (3 April 2025).

6.4 The Department for Enterprise - Business Isle of Man, has provided the following comment (5 August 2025): 1. The comment is from officers within the Business Agency and does not represent the official position of the Board or political members. 2. Business Isle of Man supports the application for a coffee shop and hot food takeaway at Athol Garage. 3. The site is designated as industrial in the Area Plan for the South and is located near the Douglas Road/A5, adjacent to Ballasalla's Main Settlement Boundary. It is sustainably positioned near recent residential development and is accessible on foot, aligning with the Active Travel Strategy. 4. There is an unmet need for indoor facilities in the area; current options are limited to mobile vendors. The proposal would provide indoor seating for casual and business use, reducing the need for workers to travel during lunch breaks. 5. Reference is made to similar applications, such as Ballasalla Airport Garage and Cycle360, which received local support and highlighted demand. Though the site is part of an industrial estate, the proposed facilities would offer valuable ancillary support to workers and residents. 6. The Draft Local Economy Strategy 2024-2034, based on extensive public input, identified a lack of indoor leisure options and rated the Island's leisure offering poorly. It promotes entertainment and leisure development through three pillars: Infrastructure & Place Management, Enterprise & Consumer Experience, and Local Empowerment & Partnerships. 7. A strategic goal is to stimulate leisure facility provision and support investment in relevant infrastructure. 8. The proposal aligns with the Isle of Man Economic Strategy 2022-2032, which emphasizes the importance of diverse cafés, bars, and restaurants. 9. The Business Agency considers the proposal supportive of Ballasalla's residential and employment areas and beneficial to the local economy. 10. The development contributes to making the Island attractive for living and working, in line with the Island Plan. 11. It represents substantial investment and supports a strong, diverse, and sustainable economy with positive impacts for residents.

6.5 The Owners/occupiers of Balthane House, Balthane Road, Ballasalla, object to the application on the following grounds (24 April 2025):

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1. Parking Shortfall: Only five customer parking spaces are currently marked on-site, with just one reliably available. This falls short of the original planning condition, which required a minimum of nine visitor spaces. 2. Road Safety Issues: a. Staff and customers frequently park on Ballahick Road, including instances of illegal parking on double yellow lines. b. The Thomsons' driveway is regularly obstructed by vehicles associated with the garage. c. Customers and staff often use private driveways to perform U-turns or reverse manoeuvres. d. Vehicles are frequently parked within 7 metres of the junction between Ballahick Road and Balthane Road, contrary to Highway Code guidance. 3. Impact of Proposed Café: a. The proposed café is expected to increase footfall, exacerbating existing parking and traffic issues. b. These concerns are heightened by the recent expansion of nearby industrial units, which has already increased local traffic. 4. Direct Impacts on Residents: The objectors, a young family of five residing directly opposite the site, report regular disruption to their daily life. This includes blocked access to their driveway, safety concerns due to illegal and unsafe parking practices, and increased stress from traffic congestion. They are concerned that the proposed café will further compromise their safety, access, and overall quality of life. 5. Request for Further Assessment: They request that an independent parking and road impact survey be conducted prior to any approval. The survey should assess compliance with existing planning conditions, the combined parking demand of the café and car sales business, and the likely effects on surrounding residential roads and access.

7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of this application are: 1. The principle of the proposed development; 2. Impacts on the character and appearance of the existing building and surrounding area; and 3. the impact of the proposal on parking and highway safety.

7.2 THE PRINCIPLE (Strategic Policy 1, Strategic Policy 9; Business Policies 1, 5, 9; Area Plan for the South: Sections 6.6.1-6.6.5, 6.7.1, 6.8.1-6.8.4, 6.23) 7.2.1 The application site comprises the curtilage of Athol Garage, a long-established car sales and vehicle servicing business located on the north-eastern side of Balthane Road, near the entrance to the Balthane Industrial Estate. The site is designated as Industrial and zoned as an Employment Area under the Area Plan for the South (2013). The proposal seeks planning approval for the change of use of the internal car showroom to a coffee shop (Class 1.3) with ancillary hot food takeaway (Class 1.4). The remainder of the building, which accommodates the existing car hire/sales reception and vehicle servicing operations, would remain unchanged. No external alterations are proposed. The zoning of the site remains industrial, and the Strategic Plan maintains a clear objective to protect designated employment land from incremental dilution by uses that do not support its industrial function.

7.2.2 The Strategic Plan (Strategic Policy 1) supports the reuse of buildings and sustainable development. The applicant's Operational Strategy confirms that the servicing function remains the core business activity, with most servicing undertaken for vehicles intended for sale. The showroom, previously used for vehicle display, is now underutilised. The proposed coffee shop would occupy this space and operate independently of the servicing function. While the coffee shop would generate employment and serve estate users, it introduces a distinct use class (Class 1.3/1.4) that is not operationally linked to the industrial use.

7.2.3 The Employment Land Review (2025) identifies a key strategic concern: that the increasing presence of non-industrial uses within designated employment areas is making it difficult for genuine industrial businesses to obtain and operate from premises in locations suitable for their

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business. Paragraph 1.1.5 highlights this issue, and the ELR recommends that "development briefs, and planning conditions which set guidance for new development should be specific, where necessary, to ensure employment land is used for genuine industrial uses" (ELR 2025, page 7). This recommendation forms part of the evidence base for the Strategic Plan review and reflects a policy direction that seeks to arrest the incremental dilution of industrial land by unrelated uses. While the existing showroom is not an industrial use class, it was functionally integrated with the site's core employment activity. The proposed coffee shop introduces a new and unrelated use that alters the functional composition of the site and reduces its alignment with the industrial zoning objectives. The concern is not the employment status of the coffee shop, but its lack of relevance to the industrial purpose of the estate.

7.2.4 Strategic Policy 9 and Area Plan (Section 6.23) establish a presumption against new retail development outside designated Mixed Use areas, except for neighbourhood shops. The application site is not within a Mixed Use zone and does not serve a defined residential catchment. The proposed coffee shop does not meet the criteria for neighbourhood retail and cannot benefit from the policy flexibility afforded to Mixed Use areas.

7.2. Business Policy 5 permits retailing in Industrial Areas only where the goods sold are either unsuitable for town centres due to their size or nature, or are produced on-site and integral to the business. The existing showroom, while sui generis, supported the sale of motor vehicles, an item explicitly referenced in Strategic Plan paragraph 9.2.6 as unsuitable for town centre retailing due to its scale and operational requirements. Its presence within the industrial estate was therefore consistent with the policy's exception criteria and did not undermine the employment designation of the site. In contrast, the proposed coffee shop would not sell goods produced on-site, nor is it functionally tied to the servicing operation in a way that renders it integral. It would operate as a standalone food and drink use, introducing a town centre-type activity into an industrial area. While the servicing function retains an employment role consistent with the policy's intent, the coffee shop does not directly support or depend upon it, nor does it enhance the operational capacity of the servicing business. Its presence would dilute the employment character of the site and introduce a use that is more appropriately located within designated retail or mixed-use zones, thereby conflicting with the spatial strategy underpinning Business Policy 5.

7.2.6 The applicant and the Department for Enterprise argue that Balthane has evolved into a mixed-use area, citing examples of approved non-industrial uses such as cafés, hair salons, recreation facilities, and community buildings. While these examples reflect a degree of diversification, they do not alter the statutory zoning or the policy framework that governs land use in the area. The site remains designated as Industrial under the Area Plan for the South, and the Strategic Plan continues to prioritise the protection of employment land for industrial and related uses. The presence of similar uses nearby may reflect past decisions, but it does not establish a precedent that overrides the presumption against further non-industrial development, particularly where the proposed use does not meet the policy tests for ancillary or neighbourhood retail. Each proposal must be assessed on its own merits and in accordance with the prevailing policy context. These concerns are clearly supported by the Employment Land Review (2025), which identifies the increase in non-industrial uses in industrial areas as a strategic constraint, making it increasingly difficult for genuine industrial businesses to secure suitable premises.

7.2.7 In support of the proposal, the Department for Enterprise references strategic objectives from the Draft Local Economy Strategy 2024-2034 and the Economic Strategy 2022-2032, which promote the enhancement of indoor leisure and the diversification of café offerings. However, the cited strategies primarily relate to family-oriented leisure activities, such as sports and entertainment venues, and do not explicitly support standalone food and drink uses within designated industrial estates. The Employment Land Review (2025) further reinforces this position, recommending that planning conditions be specific to ensure employment land is retained for genuine industrial uses and cautioning against the dilution of industrial land by unrelated development. From a planning perspective, the proposal does not meet the definition of ancillary use, as it is not operationally dependent on the garage's servicing function and would operate

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independently. As such, it cannot benefit from the policy flexibility afforded to ancillary development and must be assessed as a standalone Class 1.3/1.4 use within an Employment Area.

7.2.8 The agent asserts that the coffee shop would meet a specific demand for health-focused food aligned with the applicant's gym business. However, no empirical data or localised survey has been provided to substantiate unmet need, and no gym currently operates on the site. Site observations and proximity analysis confirm the presence of multiple food and drink outlets within walking distance, including Kelly's Café (300m), The Whitestone Inn, Quirky Tea Pot, and the forthcoming Ballasalla Airport Garage takeaway. It is noted that Kelly's Café was approved under PA 12/01610/B to serve estate workers in the absence of comparable facilities at the time. That proposal was modest in scale and retained the potential for future industrial use. In contrast, the current proposal would introduce an additional food and drink use within the estate, bringing the total to at least two such facilities. Although cumulative impact has not been formally assessed, the presence of multiple outlets within walking distance confirms that the estate is already served by comparable provision. Accordingly, the proposal does not address a demonstrable gap in services and must be assessed strictly against current policy.

7.2.9 In terms of the potential for the proposed business to attract customers from the Mixed-Use area of Ballasalla, thereby diminishing its viability, it is noted that the site is located approximately 55 metres from the A5, a primary transport artery, and is visually prominent from the junction, with existing site signage visible to passing traffic. The applicant describes the coffee shop as modest in scale, offering 28 internal seats and 15 reconfigured on-site parking spaces. However, in the context of Ballasalla's town centre, this seating provision is not insignificant. With the exception of The Abbey Restaurant and The Whitestone Inn, most existing businesses with similar offerings within the Mixed-Use area and immediate vicinity operate with fewer seats, indicating that the proposed facility would represent one of the larger food and drink venues locally. While the coffee shop may not function as a destination venue in the conventional sense, its relative scale and dedicated parking, features not commonly offered by town centre businesses, may broaden its appeal and draw a wider customer base. The harm in this context is not immediate commercial displacement, but cumulative locational dilution. The proposal's visibility, ease of access, and parking provision may incrementally draw trade away from designated centres, undermining the spatial strategy underpinning Strategic Policy 9 and Business Policy 5, which seek to concentrate retail activity within town and village centres to support their vitality and viability.

7.2.10 In this context, while the Department for Enterprise supports the proposal on the basis of wider economic and locational benefits, these considerations do not override the statutory zoning or the policy tests for ancillary use, which the proposal does not meet. The café would operate independently of the garage's servicing function and must therefore be assessed as a standalone Class 1.3/1.4 use. Notably, the Employment Land Review (2025) identifies that retail development remains viable in contrast to industrial development, and that such viability pressures are contributing to the proliferation of non-industrial uses within industrial areas. In this context, the proposal's locational advantages may inadvertently increase its attractiveness relative to town centre venues, thereby amplifying the strategic concern around incremental dilution of industrial land. This reinforces the need for robust policy protection to ensure Employment Areas remain available for genuine industrial uses. Notwithstanding, the proposal remains a standalone Class 1.3/1.4 use within a designated Industrial Area and must be assessed accordingly under Strategic Policy 9 and Business Policy 5.

7.2.11 References to site visibility and ease of access in this section relate solely to the contextual assessment of the proposal's locational characteristics. Matters concerning parking provision, circulation, and highway safety are addressed separately under Section 7.5.

7.3 IMPACT ON CHARACTER AND VISUAL AMENITY (General Policy 2 (b), (c); Strategic Policy 5; Area Plan for the South: Paragraph 6.8.2) 7.3.1 The application site is located at the interface between the Balthane Industrial Estate and a small cluster of residential properties to the north, specifically Eaylee and Thie Ain. These dwellings

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are separated from the commercial premises by mature hedging and trees, which provide a degree of visual and acoustic screening. The surrounding area is characterised by a mix of industrial and residential uses, with the application site forming part of the transitional edge of the estate.

7.3.2 The proposal involves the re-use of an existing commercial building without any external alterations. The existing layout of the site, including parking and access, would remain unchanged. This approach ensures that the development maintains the established built form and avoids introducing any new visual elements that might detract from the character of the building or the wider estate. Therefore, the proposal is considered to respect the site and its surroundings in terms of siting, layout, and design, in accordance with General Policy 2(b). Furthermore, the absence of physical changes means that the character of the surrounding townscape would not be adversely affected, satisfying the requirements of General Policy 2(c).

7.3.3 The development aligns with Strategic Policy 5, which seeks to ensure that new development makes a positive contribution to the Island's built environment. While the proposal does not introduce new architectural features or enhancements, its visual neutrality and contextual sensitivity are consistent with the policy's emphasis on design quality and responsiveness to local character. Furthermore, Paragraph 6.8.2 of the Area Plan for the South highlights the need to improve the general appearance and functionality of the Balthane Industrial Estate, which has suffered from incremental development and poor maintenance. Although the proposal does not detract from the estate's character, it also does not actively contribute to the environmental uplift sought for the area. Nonetheless, by preserving the established appearance of the site and avoiding any intensification of built form, the development supports the objective of managing the estate's interface with nearby residential areas in a visually neutral manner.

7.4 IMPACT ON NEIGHBOURING AMENITY (General Policy 2(g) and Environment Policy 22) 7.4.1 The proposed change of use from a car showroom to a coffee shop with ancillary hot food takeaway introduces a materially different and more intensive pattern of activity. Unlike the existing showroom, which is passive and operates within standard business hours, the proposed use is likely to generate increased footfall, early morning and evening operations, and takeaway turnover. These changes raise legitimate concerns regarding residential amenity, particularly given the proximity of the site to domestic curtilages at Eaylee, Thie Ain, and Balthane House. In addition to operational intensity, the nature of the proposed takeaway use introduces frequent short-stay visits and behavioural patterns that are more difficult to regulate, increasing the risk of disruption to nearby residents.

7.4.2 General Policy 2(g) requires that development does not adversely affect the amenity of local residents or the character of the locality. Environment Policy 22 further prohibits development that would unacceptably harm the environment or nearby properties through noise, odour, or other forms of pollution. In this case, the absence of detailed information regarding hours of operation, odour control, and waste management limits the ability to fully assess the proposal's impact. While the applicant has submitted an Operational Strategy, it primarily addresses site layout and traffic circulation and does not provide sufficient detail on amenity-related operational controls. Notably, the strategy does not address behavioural impacts such as driveway obstruction, turning in private accesses, or overspill parking, which have been consistently raised by neighbours and observed during the site visit. While the site is located adjacent to an industrial estate, this does not override the requirement to safeguard residential amenity. The nature of the proposed café and takeaway use introduces a pattern of short-stay, high-turnover visits that interact directly with nearby residential roads and accesses. These impacts are qualitatively different from typical industrial operations and are more likely to result in behavioural disruption and cumulative amenity harm.

7.4.3 Although DEFA Environmental Health has not raised objections, this position is based on limited technical information and does not constitute an endorsement of the proposal's amenity impacts. The proposed installation of an extractor unit may assist in managing internal ventilation and cooking fumes, but no technical specifications have been provided. As such, the potential for intermittent or tonal noise and odour dispersion remains uncertain. These impacts are

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acknowledged but considered capable of being addressed through planning conditions and are therefore not the primary basis for concern.

7.4.4 The site benefits from a separation distance of approximately 16.5 metres from the nearest residential property and is screened by mature hedging and trees. However, these features may not be sufficient to mitigate the cumulative effects of increased activity, particularly during unsocial hours, given the below 20m proximity to neighbours. Observations during the site visit confirmed that the internal layout is constrained, with vehicles required to navigate around the building and parked cars to access spaces. The lack of a segregated entry and exit system and the tight circulation space may discourage on-site parking during busy periods, increasing the likelihood of vehicles parking on surrounding residential roads. This risk is heightened by the nature of the proposed use, which encourages frequent short-stay visits and spontaneous drop-ins.

7.4.5 Neighbour representations have highlighted a history of indiscriminate parking behaviour, including obstruction of private driveways, parking near junctions, and use of residential accesses for turning. These concerns are consistent with site observations and reflect the behavioural pressures already present in the area. While planning conditions could theoretically address some amenity concerns, such as hours of operation and odour/noise control, they cannot fully mitigate the cumulative and behavioural impacts associated with a more intensive use. The absence of a formal amenity or traffic impact assessment means that the true extent of potential disruption remains unknown. Given the transitional nature of the site and its proximity to residential properties, the proposal is considered to pose a risk of unacceptable harm to neighbouring amenity. It is therefore not considered compliant with General Policy 2(g) or Environment Policy 22 of the Isle of Man Strategic Plan.

7.5 PARKING AND HIGHWAY SAFETY (General Policy 2(h), (i); Area Plan for the South; Department of Infrastructure Guidance) 7.5.1 The proposal does not involve any changes to the existing access arrangements or parking layout. Vehicular access is taken from the internal estate road within the Balthane Industrial Estate, which connects directly to the A5 (New Castletown Road), a primary route with good connectivity to the wider highway network. Access to the site itself is via a constrainde driveway that serves both entry and exit movements. This arrangement is functional but may present operational limitations during periods of higher activity.

7.5.2 The forecourt area is currently used for a mix of vehicle display and servicing, including larger vans and SUVs. While capable of accommodating several vehicles, site observations indicate that the space is actively used and tightly arranged, which may reduce its availability for customer parking and manoeuvring. The applicant has submitted a parking plan showing 15 visitor spaces, with those intended for takeaway customers positioned near the site exit. This arrangement may assist with circulation and short-stay turnover. However, it is not clear how these spaces would be reserved or managed to ensure they are used solely by takeaway visitors, particularly given the operational flexibility claimed by the applicant to reallocate spaces dynamically. The Operational Strategy outlines a responsive approach to parking management, with the ability to adjust allocations in real time. While this flexibility is noted, no formal parking survey or peak-time modelling has been provided to demonstrate that sufficient capacity would be consistently available to meet the needs of both the proposed use and the existing business. This is particularly relevant given that the majority of spaces are occupied by the car sales operation at certain times, and the proposed use may generate concentrated short-stay demand during peak trading hours. In the absence of supporting data, the long-term effectiveness of the proposed arrangements remains uncertain and may warrant further consideration.

7.5.3 General Policy 2(h) requires development to provide safe and convenient access, adequate parking, and manoeuvring space. Policy 2(i) seeks to avoid unacceptable impacts on road safety and traffic flows. Advice from DOI Highway Services indicates that the proposal would not result in significant harm to highway safety or parking provision. This advice is noted and carries weight. However, consultee views must be considered alongside site-specific observations and operational

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context. The applicant's justification for limited toilet provision, based on anticipated takeaway footfall, suggests a high turnover of short-stay visits, which may place additional pressure on circulation and parking arrangements.

7.5.4 The internal layout requires vehicles to navigate around the building and parked cars to reach designated spaces, with no segregated entry or exit system. This may be manageable under current conditions, but the proposed use could introduce more frequent and informal movements. The cumulative effect of these changes on circulation and parking behaviour within the estate is not fully quantified.

7.5.5 Neighbour representations, particularly from Balthane House, refer to existing issues with indiscriminate parking, obstruction of driveways, and turning within residential accesses. While these matters fall outside the scope of direct planning control, they provide context for understanding existing pressures in the area. The absence of a formal traffic or parking impact assessment limits the ability to assess whether the proposed use would exacerbate these conditions.

7.5.6 In summary, while the site benefits from established access and a formalised parking layout, the proposed use introduces a more active and variable pattern of demand. The applicant has sought to address this through a parking plan and Operational Strategy, which outline a flexible approach to space allocation and visitor management. However, in the absence of a formal parking survey or peak-time modelling, it remains unclear whether sufficient capacity would be consistently available to meet the needs of both the proposed use and the existing business, particularly during busier periods when short-stay demand may be highest. The positioning of takeaway parking near the exit may assist circulation, but its availability and exclusivity cannot be guaranteed, especially given the operational overlap and dynamic reallocation of spaces. These factors, while not forming the basis of the officer's recommendation, may be material to the Committee's wider consideration of whether the proposal satisfactorily meets the requirements of General Policy 2(h) and (i), particularly in relation to safe access, adequate parking, and the avoidance of unacceptable impacts on traffic flows and amenity.

8.0 CONCLUSION 8.1 The proposal seeks permission for a coffee shop and hot food takeaway within part of Athol Garage, located in the Balthane Industrial Estate. The reuse of underutilised internal space and the potential for modest employment are acknowledged. However, the proposed Class 1.3/1.4 use is not ancillary to the site's core servicing function and would operate independently. The site is designated as an Employment Area, and the Strategic Plan and Area Plan for the South maintain a presumption against non-industrial development in such zones unless it demonstrably supports the employment function or meets the criteria for neighbourhood retail. The Employment Land Review (2025) reinforces this position, identifying the proliferation of non-industrial uses as a strategic constraint on genuine industrial activity. The proposal does not meet the relevant policy tests and is considered contrary to Strategic Policy 9, Business Policy 5, and Section 6.23 of the Area Plan.

8.2 The Department for Enterprise's support is noted, citing wider economic and locational benefits. However, the referenced strategies primarily relate to leisure infrastructure and do not justify standalone food and drink uses within designated industrial estates. The site is already served by similar outlets, and no empirical evidence has been provided to demonstrate unmet demand. While the proposal may offer some localised benefit, its locational advantages could inadvertently draw trade from nearby centres, undermining the spatial strategy and the viability of designated retail areas. The proposal would incrementally dilute the employment character of the estate and does not align with the Strategic Plan's objectives for land use integrity.

8.3 Operationally, the site is constrained, with limited circulation space and active use of the forecourt for vehicle display and servicing. While the applicant has submitted a parking plan and Operational Strategy, these lack peak-time modelling, enforceable controls, and a formal traffic impact assessment. The proposed use is expected to generate short-stay, high-turnover visits, which may intensify existing pressures. Neighbour representations and site observations highlight

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behavioural impacts, including informal parking and obstruction of residential accesses. These raise amenity concerns under General Policy 2(g) and Environment Policy 22. On balance, the proposal is not considered acceptable in principle or in terms of its operational and amenity impacts, and refusal is recommended.

9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases). o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.

9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure, and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.

9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity, they cannot be given the Right to Appeal.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made: Permitted

Committee Meeting Date: 29.09.2025

Signed : Mr Paul Visigah Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records.

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PLANNING COMMITTEE DECISION 15.09.2025

Application No. :

25/90336/C Applicant : Mr Danny Cretney Proposal : Additional use of part ground floor jointly with existing car showroom for coffee shop (class 1.3) and further ancillary use for hot food takeaway (class 1.4) Site Address : Athol Garage Balthane Industrial Estate Balthane Ballasalla Isle Of Man IM9 2AF

Planning Officer Paul Visigah Reporting Officer As above

Addendum to the Officer’s Report

Meeting held on 29th September 2025: The Committee at its meeting held on 29th September 2025, overturned the recommendation of the case officer to refuse the application and recommended approval, subject to the inclusion of 8 conditions.

Reason for Refusal/Conditions of Approval

Reason for Approval: Whilst the site is located outside the designated mixed-use area defined in the Area Plan for the South, the proposed development is modest in scale and is not expected to give rise to significant impacts on the surrounding area or materially conflict with the site's industrial zoning. The proposal enables the effective reuse of an underutilised internal space within an existing commercial premises, without altering the external layout or operational character of the site. The development is considered to fit appropriately within the existing site configuration and to broadly align with the functional character of the surrounding area. As such, the proposal is considered to be consistent with the objectives of Strategic Policy 1, Business Policy 1, and General Policy 2 of the Isle of Man Strategic Plan.

Approval Conditions:

C1: Commencement of Development The development hereby approved shall commence within four years from the date of this decision notice.

Reason: To comply with Article 26 of the Development Procedure Order 2019 and prevent the accumulation of unimplemented permissions.

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C2: Floor Area and Operational Restriction The development hereby approved shall be carried out in accordance with the approved layout detailed on Drawing No. P586/01, and Operational Vehicle and Parking Strategy for Shared Use of Athol Garage Site prepared by Matthew James Limited and dated 7 August 2025 and shall be retained as such thereafter.

Reason: To ensure the development is implemented in accordance with the approved layout and plans as assessed.

C3: Use Class Restriction The approved coffee shop shall operate solely within Class 1.3 (food and drink for consumption on the premises) and Class 1.4 (hot food takeaway) and shall not be used for any other purpose within the Use Classes Order 2019 without prior written approval.

Reason: To ensure the use remains consistent with the approved planning assessment and to prevent adverse impacts from alternative uses.

C4: Operational Hours The coffee shop and takeaway shall operate only between 0700 and 1900 Monday to Saturday, and 0800 to 1600 on Sundays and Bank Holidays.

Reason: To protect residential amenity and ensure compatibility with surrounding land uses, particularly adjacent dwellings.

C5: Parking Allocation and Management The development shall be operated in accordance with the submitted Parking Management Plan, which identifies a minimum of 15 dedicated short-stay parking spaces for coffee shop and takeaway customers. The approved signage, wayfinding, and operational arrangements shall be implemented in full prior to first use and retained as such thereafter.

Reason: To ensure adequate parking provision and prevent overspill onto surrounding residential roads, in accordance with General Policy 2(h) and Transport Policy 7.

C6: Delivery and Waste Management Prior to first use, a Delivery and Waste Management Plan shall be submitted to and approved in writing by the Department. The plan shall include: i. Delivery hours and vehicle types; ii. Waste storage and collection arrangements; iii. Measures to prevent odour and litter nuisance. The development shall be carried out in accordance with the approved details.

Reason: To safeguard residential amenity and ensure efficient servicing arrangements in accordance with Environment Policy 22.

C7: Odour and Ventilation Control Prior to installation, details of any extraction or ventilation equipment shall be submitted to and approved in writing by the Department. The equipment shall be installed in accordance with the approved details and retained thereafter.

Reason: To prevent odour nuisance and protect the amenity of nearby residential properties in accordance with Environment Policy 22.

C8: Amenity Safeguards No external amplified music, outdoor seating, or external lighting associated with the coffee shop or takeaway shall be installed or operated unless expressly authorised through a separate planning approval.

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Reason: To prevent disturbance to nearby residents and ensure that any intensification of use is subject to formal assessment in accordance with General Policy 2(g) and Environment Policy 22.

Meeting held on 15th September 2025: At its meeting held on 15th September 2025, the Planning Committee considered the Officer Report and recommdndations, and indicated an intention to overturn the officer's recommendation to refuse the application. However, a final decision was deferred to allow draft planning conditions to be brought before the Committee for consideration at the next meeting scheduled for 29 September 2025.