27 March 2015 · Planning Committee
Land Adjacent Industrial Estate, Ballafletcher Road, Cronkbourne, Douglas, Isle Of Man, IM4 4ra
The proposal sought to extend the approval period of a prior outline permission (PA 11/01290/A) for a mixed-use development including 1400 sqm warehouse, entertainment centre with bowling alley and arcade (over 3000 sqm total), offices, trade counter/showroom, restaurant/pub, motel and play barn, plus car parking and n…
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The Planning Committee refused the extension despite the officer's recommendation to permit, citing changes in circumstances since the original approval, notably the grant of PA 14/00836/B for a wareh…
All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) sited within the town and village centr
Requires major retail proposals to be supported by Retail Impact Assessment. Committee found proposal potentially contrary due to lack of updated RIA considering cumulative impacts with new approvals like PA 14/00836/B, preventing assessment of town centre vitality/viability.
Business Policy 9
Supports new retail in existing areas at appropriate scale without adverse effects on adjacent areas; major proposals need RIA. Refusal hinged on failure to demonstrate no harm without cumulative assessment.
Business Policy 10
Permits retail only in town/village centres except specified cases. Extension refused as retail elements could undermine this without evidence.
Business Policy 5 - Land zoned for industrial use
On industrial land, permits retailing if items not reasonably sold in town centres due to size/nature or produced on-site, without detracting from centres. Officer previously accepted trade counter as bulky goods but Committee required fresh RIA for cumulative effects.
General Policy 3
Restricts development outside zoned areas except specified exceptions. Officer justified offices/leisure via economic benefits and integration despite non-zoned land, but not re-assessed for extension.
Strategic Policy 6 - Major employment-generating development
Locates major employment in zoned centres. Warehouse acceptable on industrial land.
Strategic Policy 7
Protects zoned industrial land except if inappropriate. Leisure on industrial land contentious but previously justified by minimal loss.
Environment Policy 1
Protects countryside unless overriding need. Site not open countryside; adjacent industrial/sports.
Do not oppose the application
Douglas Development Partnership objects to the application due to conflict with Central Douglas Masterplan leisure proposals, while Braddan Parish Commissioners have no objections and Cabinet Office states the Masterplan has limited relevance to this out-of-area site.
Key concern: leisure components conflict with Central Douglas Masterplan by diluting town centre demand
Douglas Development Partnership
ObjectionWe contend that the situation has subsequently changed with the publication of the Central Douglas Masterplan which proposes similar leisure developments in central Douglas.; To permit such uses elsewhere... would jeopardise the opportunities presented by the Masterplan by diluting demand.; this application to extend the approval period should be refused.
Braddan Parish Commissioners
No ObjectionIt was unanimously resolved that the Commissioners had no objections to the following Planning Applications:- ... - PA15 00004 B - EFB (IoM) Ltd...
Cabinet Office
No Commentthe Masterplan is only relevant to specific proposals relating to the Masterplan study area as opposed to those outwith.; I do not think that an application could be refused for a use within another part of the Island on the grounds of it jeopardising the delivery of the Masterplan for Douglas.; On this basis I do not feel that the Masterplan can have much material influence on the current planning application.
The original approval in principle (PA11/01290/A, dated 8 January 2013) for a mixed leisure/industrial development including warehouse, entertainment centre, restaurant, hotel and retail showroom was due to expire on 8 January 2015 for reserved matters submission. EFB(IOM) Ltd sought to vary Condition 2 via 15/00004/B, refused on 27 March 2015 by the Planning Committee due to changes in circumstances from a recent Peel Road approval and lack of Retail Impact Assessment, potentially harming town centre vitality per Business Policies 9 and 10. Appellant argued the delay resulted from government request to pause for Central Douglas Master Plan (CDMP), Peel Road was temporary, no RIA needed for small retail, and no material policy changes. Inspector found the refusal reason flawed, rejecting committee assumptions on Peel Road duplication and RIA need, giving minimal weight to CDMP, and saw no harm in extension. Appeal allowed on 30 July 2015 (corrected 2 September 2015) by the Minister, concurring with inspector Ruth V MacKenzie.
Precedent Value
Demonstrates appeals succeed when inspectors find refusal reasons flawed or based on misunderstandings of advice/policy; appellants should document government-induced delays and distinguish temporary measures. Future applicants can leverage officer recommendations against contrary committee decisions, especially on technical thresholds like RIA triggers.
Inspector: Ruth V MacKenzie BA(Hons) MRTPI
