18 March 2021 · Planning Committee (signed by S Butler)
Rileys Garden Centre, Cooil Road, Douglas, Isle Of Man, IM4 2af
Rileys Garden Centre at Ballapaddag, Cooil Road, Douglas, an established out-of-town garden centre site zoned for employment uses under the Area Plan for the East, proposed expanding its retail offer within existing buildings: 30sq.m for additional food items like crisps, biscuits, snacks, chocolate, soft drinks, sprea…
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The officer assessed the proposal against Business Policy 5, which permits retailing on industrial land only if goods cannot reasonably be sold from a town centre due to size/nature, cannot be severed…
All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) sited within the town and village centr
Requires all new retail development (except neighbourhood shops or Business Policy 5 instances) to be sited within town/village centres on zoned land. The officer found the proposal contravenes this as food/clothing retail is out-of-town, not qualifying under exceptions, harming Douglas Town Centre.
Business Policy 5
Permits retailing on industrial land only if goods cannot be sold in town centres due to size/nature, cannot be severed from site production, and do not detract from town centre vitality. Food/clothing fail as they can be town centre-sold and are severable; conservatory furniture might pass bulky test but overall proposal fails second limb on town centre impact.
Business Policy 10
Retail permitted only in established town/village centres except neighbourhood shops or Business Policy 5. Officer applied strictly, noting food/clothing do not qualify for exceptions unlike prior bulky goods approval.
Environment Policy 1
Supports development of industrial land for manufacturing, warehousing/distribution, offices (per BP7), or retail (per BP5). Proposal's additional retail exceeds permitted types as food/clothing do not comply with BP5 cross-reference.
no objection to the application
no significant negative impact upon highway safety, network efficiency and/or parking
Douglas Borough Council objected to the application due to non-compliance with retail policies for non-bulky goods, while Braddan Parish Commissioners, Highways Division, and Flood Risk Management had no objections.
Key concern: Non-bulky goods unsuitable for out-of-centre location per Strategic Plan Business Policies 5 and 10
Douglas Borough Council
ObjectionDouglas Borough Council objects to the application on the following grounds: Isle of Man Strategic Plan 2016 Business Policy 5 (a) and (b); The Council has no objection to the sale of bulky items such as the conservatory furniture listed within the application however the Council cannot support the sale of items that could be very easily sold from within a town centre retail unit.; Unfortunately the applicant has included these smaller items in a combined application for the sale of bulky items and as this is the case the Council has resolved to raise an objection on this occasion.
Braddan Parish Commissioners
No Objectionthe Board met on 18 February 2021 and had no objection to the following planning applications:- ... PA21/00032/B
Department of Infrastructure Flood Risk Management Division
No ObjectionNFRMI - No Flood Risk Management interest
Department of Infrastructure Highways Division
No ObjectionDo not oppose; After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking.; DNO on 16.02.2021
The original application for additional retail uses at the established garden centre was refused by DEFA Planning Committee as contrary to industrial zoning (Area Plan for the East Employment Proposal 1) and Strategic Plan policies BP5, BP10, SP9 due to potential harm to Douglas town centre vitality. Appellant argued the limited scale, alignment with existing lawful garden centre retail, and de minimis impact given the site's history and small floor areas. Inspector acknowledged policy conflict for food and clothing but found the tightly controlled, minor expansions incidental to the garden centre with negligible practical impact on town centre retail in context of Douglas's 260+ shops. Conservatory furniture accepted as bulky goods compliant with BP5. Appeal allowed with rigorous conditions incorporating schedules of permitted/prohibited goods to protect town centre interests.
Precedent Value
Demonstrates small-scale, tightly-conditioned retail expansions in non-centre locations can succeed on appeal even against policy if proven incidental to established use with no material town centre harm. Future applicants should prioritise sqm limits, goods schedules, and quantitative retail impact evidence over broad policy conflict arguments.
Inspector: Brian J Sims
