2 May 2024 · Acting Head of Development Management (Abigail Morgan)
Whitestone Garage Ltd, Douglas Road, Ballasalla, Isle Of Man, IM9 2lb
The proposal seeks to vary condition 1 of previous AIP 20/01446/A, approved in 2021, to extend the time for submitting reserved matters to 16th July 2025 and commencing development to 16th July 2027.
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The application duplicates the recently approved AIP 20/01446/A, which was considered to contribute to policy principles underpinning sustainable development by providing community gain to Ballasalla …
Strategic Policy 1
Requires efficient use of existing resources and infrastructure. Officer assessed the proposal as reusing an underused building in a growing settlement, aligning with sustainable development principles without new flood or amenity issues.
Strategic Policy 2 - Priority for new development to identified towns and villages
Promotes development in existing settlements. Site in Ballasalla service village supports local retail needs, consistent with hierarchy and no harm to adjacent retail areas.
All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) sited within the town and village centr
Directs retail to centres at appropriate scale. 460sqm neighbourhood shop deemed suitable for Ballasalla's mixed-use area and population growth, supported by Retail Impact Assessment.
new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment
Requires appropriate scale; major defined over 500sqm. Proposal under threshold, no adverse impact on centres, justified by local need in growing village.
Environment Policy 13
Site at high flood risk. Updated FRA addressed concerns; conditioned for detailed assessment and no increase in flooding, with footprint not exceeding existing.
General Policy 2
General standards for development. Applied to amenity, highways, drainage; satisfied via conditions on hours, access, parking, materials.
Time limit for reserved matters and commencement
Application for approval of all of the reserved matters shall be made to the Department before the expiration of 16th July 2025. The development hereby approved shall be begun before the expiration 16th July 2027 or the expiration of two years from the date of approval of the last of the reserved matters, whichever is later.
Reserved matters details
Notwithstanding the submitted illustrative drawings, details of the internal layout, drainage, design, means of access, landscaping and external appearance (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Department before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved. These details must include but are not limited to: a) the provision of access junction arrangements and visibility splays; b) parking spaces (car/bike/bicycle/disabled) in accordance with standards and turning areas for vehicles within the site including loading and unloading areas; c) swept path analysis; d) surface treatment of any parking areas and other parts of the site which will not be covered by buildings; e) all external materials to be used in the development; f) existing and proposed ground, floor and roof/ridge levels; g) details of all boundary treatments; h) hard and soft landscaping; i) tree planting and tree protection measures; j) foul and surface water details including discharge and possible attenuation; k) details of pedestrian crossings, pavements, bus stops; l) details of any public art; m) measures in reducing energy demand, n) Full Flood Risk Assessment details.
Use class restriction
Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the site shall not be used other than for; Class 1.1 (a) the retail sale of goods other than hot food; and/or (d) for the sale of hot drinks, sandwiches or other cold food for consumption off the premises, and/or (h) for the displaying of goods for sale. The site shall not be used for no other purpose in Class 1.1 of Article 5 of the Order at any time.
Customer hours
No customers shall be served or remain in the building outside of the hours; 0800 to 2100 Monday to Saturday, and 0900 to 1800 Sunday.
Delivery hours
There shall be no deliveries to the site outside of the following hours: 0800 to 2100 Monday to Saturday, and 0900 to 1800 Sunday.
Retail sales area limit
The retail sales area of the use hereby approved shall be no greater than 460sq m as outlined in orange on Proposed Site Plan drawing number 1845.01.P-02.
no objection but want reserved matters submitted within period and no further extensions
do not oppose, no significant negative impact on highway safety, network or parking
happy in principle, condition FRA, detailed FRA required at reserved matters
no objection, foul and surface water separation, SW to ditch and attenuation to IOM Flood Hub
no objection
Highway Services, Malew Parish Commissioners, DEFA Fisheries, and DOI Flood Risk Management have no objections to application 23/00774/B, with some conditional no objections and advice on drainage and flood risk; Manx Utilities Authority provides drainage requirements; public representations include one support concern and one objection on legal grounds.
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.
Manx Utilities Authority Drainage
Conditional No Objectionwe require the surface water to be separated from the foul sewer and it will need to be discharged into the adjacent ditch.; You will also need to speak to Malcolm Cowin at flood risk with regard to SW attenuation rates
Conditions requested: surface water to be separated from the foul sewer and it will need to be discharged into the adjacent ditch; speak to Malcolm Cowin at flood risk with regard to SW attenuation rates
Malew Parish Commissioners
Conditional No ObjectionThe Commissioners discussed this application at their meeting this morning and have no objection, however they want to see a reserved matter application be submitted within this period and no further extension permitted.; The reason for this is that they want to see this vacant site developed.
Conditions requested: reserved matter application be submitted within this period and no further extension permitted
DEFA Fisheries
No ObjectionDEFA, fisheries have no objections to this development from a fisheries perspective.
Department of Infrastructure Flood Risk Management Division
Conditional No ObjectionWe are happy with the FRA in principal however Conditions A more detailed FRA will be required for the detailed application showing that there is no increase in flooding on or off site.; We also recommend that the footprint of the proposed building is no bigger than the existing building.
Conditions requested: A more detailed FRA will be required for the detailed application showing that there is no increase in flooding on or off site.; the footprint of the proposed building is no bigger than the existing building.; may also look at some gain in terms of reducing flooding which may include attenuation
Department of Infrastructure Flood Risk Management Division
Conditional No ObjectionCondition the FRA (17/1/2024) however detailed application will require a detailed FRA and possible attenuation of the surface water.
Conditions requested: Condition the FRA (17/1/2024) however detailed application will require a detailed FRA and possible attenuation of the surface water.