22 October 2003 · Planning Committee on review
Shoprite Living, Bay View Road, Port Erin, Isle Of Man, IM9 6lb
The application sought amendments to the retail conversion of a former industrial building (previously approved under PA00/960 following appeal in 2001), specifically changing the pedestrian access from a ramp to Orchard Road to a short link to an existing footpath, and adjusting the loading bay and main entrance.
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The Planning Committee approved the amendments as they were minor changes to a valid prior approval (PA00/960), relating only to pedestrian access and loading bay without reopening fundamental issues …
Strix site designation
Policy reflects existing industrial use as significant employer in central location; car parking pressure noted but retail conversion approved on appeal as no principle objection in mixed central area. Amendments tested against this unchanged context.
Expiry tied to prior approval
As an amendment to the approval granted in respect of PA00/960, this approval will expire on the same date as that approval (19th October 2005) if not taken up before then.
Approved drawings
This approval relates to drawing number 665/99/02 and 01, submitted and date stamped 8th September 2003 as part of this application.
Pedestrian ramp prior to development
The proposed pedestrian ramp to Orchard Road must be completed prior to the commencement of the development.
Matching materials
The external finishes of the extension must match those of the existing building in all respects.
Non-food retail only
Only non-food goods may be retailed from these premises. Note: This condition does not exclude the retailing of drink.
No adverse traffic impacts
no objection to the proposed amendment
Multiple objection letters from local resident D.A. Dance and other Marina Lane residents raising highway safety concerns regarding traffic and access via Marina Lane; Port Erin Commissioners confirm no opposition to the specific amendments.
Key concern: Marina Lane inadequate for two-way continuous retail traffic and poor visibility splay at Promenade junction
Port Erin Commissioners
No Objectionit was resolved to confirm the Board's original decision not to oppose the application.; Although the Commissioners opposed the original application it is not felt the present application will materially affect the approval granted in October 2001 following an Appeal.
Shoprite (IOM) Ltd sought to convert former Strix industrial premises adjacent to their existing store into a non-food retail unit (Winerite/Dealzone); first application (PA99/1602) proposed customer access via new ramp from Orchard Road with deliveries via Marina Lane, refused for poor visibility and residential amenity impacts, appealed as 1472. Second application (PA00/0960) proposed all access via Marina Lane with pedestrian link to Shoprite, initially approved then refused at review, appealed as 1589. Appellants argued reduced traffic vs prior industrial use and no complaints then; Council/DoT objected to safety and amenity in residential lane; third parties raised child safety. Inspector found no principle objection to retail in central location despite industrial zoning, dismissed 1472 for unacceptable Orchard Road visibility/ownership issues, allowed 1589 as traffic reduction vs potential industrial re-use outweighed spread-out car movements despite substandard junction, with conditions for non-food only and pedestrian ramp. Minister confirmed dismissal of 1472 and allowance of 1589 in October 2001. Separate 2004 appeal statement by third party against amendments to approved scheme (PA03/01239/B) is included but unresolved in documents.
Precedent Value
Demonstrates fallback to lawful industrial use can outweigh amenity concerns from dispersed retail traffic in mixed central areas if overall movements reduce; inspectors may allow single residential lane access despite substandard junctions if prior industrial use tolerated; conditions critical for non-food limits and pedestrian links.
Inspector: Miss Gillian M Pain
