16 July 2021 · Planning Committee
Whitestone Garage Ltd, Douglas Road, Ballasalla, Isle Of Man, IM9 2lb
The proposal seeks approval in principle to demolish the garage part of the existing L-shaped building, convert and extend the showroom to create a 645sqm gross retail unit (limited to 460sqm sales area), on a 3817sqm underused site fronting the A5 Douglas Road in Ballasalla.
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The proposal was approved despite being contrary to the site's 'predominantly residential' zoning and retail policies directing new retail to town centres, because Ballasalla's ongoing growth (e.g.
Strategic Policy 1
Requires optimising previously developed/underused land using existing infrastructure. Officer found proposal reuses vacant garage site efficiently in growing village.
Strategic Policy 2 - Priority for new development to identified towns and villages
Directs development to towns/villages. Site in Ballasalla service village with growth potential satisfies location test.
All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) sited within the town and village centr
Requires retail in zoned centres; tension as site residential, but RIA shows no adverse effect on adjacent areas given local need.
Strategic Policy 10
Promotes integrated transport minimising car journeys. Central location with parking/footway potential reduces travel need.
General Policy 2
Requires no adverse amenity/highway/flood impacts. Existing use levels not exceeded; details reserved.
new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment
Supports retail not harming adjacent areas if appropriate scale. 460sqm neighbourhood store justified by growth/RIA.
Transport Policy 1
Protects Ballasalla bypass. Does not prejudice route/physical development.
Time limits for reserved matters and commencement
Application for approval of all of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice 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 shall 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 ridge levels; (g) details of all boundary treatments; (h) hard and soft landscaping; (i) tree planting and tree protection measures (j) surface water discharge details (k) details of pedestrian crossings, pavements, bus stops (l) details of any public art (m) measures in reducing energy demand
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
Maximum retail sales area
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.
Do not oppose subject to conditions; acceptable in principle with pedestrian enhancements, compliant visibility/parking, swept path analysis
Do not oppose; no change in vulnerability
In support; essential bigger retail outlet for residents
Highway Services and Flood Risk Management raised no objections (with conditions from Highways), while multiple local residents and Mannin Retail objected citing traffic increases, retail policy violations, privacy impacts, and harm to existing village shops.
Key concern: contravention of Area Plan for the South retail policies for service villages
Department of Infrastructure Highway Services
Conditional No ObjectionFrom the highways viewpoint the proposal is acceptable in principle; Accordingly, Highway Services raise no opposition subject to a condition; Recommendation: DNOC
Conditions requested: submission and approval of full details by Planning prior to commencement in the form of scaled plan and / or written specifications to illustrate: i. Access junction arrangements, including visibility splays ii. Closure and reinstatement of any existing site access iii. Internal layout of vehicle and pedestrian areas, including parking spaces, loading and unloading iv. Car parking provision in accordance with adopted standards or applicable guidance v. Bicycle parking in accordance with criteria within Local Transport Note 1/20 or Active Travel Wales vi. Motorcycle parking in accordance with applicable guidance vii. A swept path analysis of the proposed access junction using the largest vehicle likely to use the site viii. Stage 1 Road Safety Audit ix. Off-site works for a new footway across the frontage and connecting path at east
Department of Infrastructure Flood Risk Management Division
No ObjectionNFRMI; No Flood Risk Management interest
Department of Infrastructure Highway Services
Conditional No ObjectionWe confirm the suggested parking requirement criteria at 1 space per 15sqm nett has been used; This allows us to continue to not oppose this proposal subject to a relevant pre-commencement condition; Recommendation: DNOC
Conditions requested: enhancing bus travel by the provision of a footway allowing the installation of a stop and shelter adjacent the parking bay no 19 at east incorporated into item ix or as a separate element into a pre-commencement condition