20 February 2024 · Planning Committee
Bms House, Port Way, Balthane Industrial Estate, Ballasalla, Isle Of Man, IM9 2aj
The proposal involved changing the use of BMS House, a modern office-style building in the central part of Balthane Industrial Estate, to include pharmaceutical retail for dispensing ManxCare and private prescriptions, plus consultation and treatment rooms for health services, alongside existing storage and distributio…
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The Planning Committee overturned the officer's recommendation for approval, ruling that the retail element (Class 1.1 pharmaceutical retail) in an industrial-zoned area failed to demonstrate why the …
Business Policy 1
Supports creation of employment; officer found proposal generates employment in empty premises and aligns with policy despite zoning.
Business Policy 5
Limits retail on industrial sites except where ancillary and linked to main use; officer deemed pharmaceutical retail ancillary to storage/distribution but Committee ruled it failed town centre relocation test.
General Policy 2
Requires consideration of amenity, character (b,c,g), highway safety (h,i), town centre protection (k); officer found compliant on visual/highway/amenity but Committee found breach of 2k).
new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment
Related to retail in town centres; cited in refusal for undermining vitality.
Business Policy 10
Related to retail location; cited alongside BP9 in refusal.
Transport Policy 4
No adverse highway impact; Highways Services no objection.
Transport Policy 7
Adequate capacity in estate; Highways no objection.
do not object
do not object
do not object (noted security concerns addressed by procedures)
Support the growth of medical companies on island; Positive economic impact; Relieve pressure on GPs; Positive for drug security on island
Highway Services, Isle of Man Police, and Malew Parish Commissioners raised no objections to the application, while DHSC highlighted policy conflicts with industrial zoning and retail provision. Multiple public representations objected due to impacts on existing pharmacies and unsuitability of industrial location.
Key concern: incompatible with industrial zoning and retailing not permitted per Strategic Plan 2016 Business Policy 5
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 proposals appear as wholesaler rather than public visits which would generate less demand on parking.
Isle of Man Constabulary (DOCO)
No ObjectionThe locks, particularly windows, fire doors and the roller shutter need to be to a British standard; The CCTV covers both the inside and outside of the building with specific entry points covered.; procedures and the internal policies with regards to security need to be water tight.
Malew Parish Commissioners
No ObjectionThe previously advised 'no objection' to PA 23/001468/C was made on the basis... focusing on the bulk storage and distribution; full retail approval is required to allow the appropriate licences to be issued. The Commissioners acknowledge that this may cause some concerns within the existing community pharmacies.
Department of Health and Social Care (DHSC)
Objectionthe Department does not consider it can register the premises for retail sale or supply with the current planning designation of 'industrial use'; 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) or (b); access to the premises are across poorly maintained private roads... lack of suitable pedestrian access
The original application for additional use of BMS House in Balthane Industrial Estate for pharmaceutical retail and health services was recommended for approval by the case officer despite being contrary to the development plan, citing ancillary retail linked to storage/distribution and compliance with Business Policies 1 and 5. The Planning Committee overturned this on 12.02.2024, refusing on grounds that the retail element failed to justify an industrial estate location over town centres, contrary to General Policy 2k and Business Policies 5, 9, 10. The appeal statement by agent J W Marshall MRTPI argues the retail is de minimis (55sqm of 750sqm), ancillary to primary storage/distribution use, supported by ManxCare approval, numerous precedents of non-industrial uses in the estate, and alignment with strategic objectives for employment and medicines resilience. No inspector's analysis or decision is present; appeal elected for written representations.
Precedent Value
Highlights tension between evolving industrial estate uses (supported by precedents/officer) and committee's rigid retail protection; appellants should emphasise quantifiable ancillary scale, site-specific needs (e.g. equipment), and secure unified health dept support. Written appeals can leverage officer reports where committees diverge.
