8 June 2004 · Planning Committee (on review)
Unit 12 Block D, Springham Park, Spring Valley Industrial Estate, Douglas, Isle Of Man, IM2 2qu
The proposal sought permission to use Unit 11, New Block D, Spring Valley Industrial Estate, Douglas, for an internet book distribution business (75% of operations) with a retail showroom (25% of business) in a warehouse-style layout with shelving, pick-and-pack area, and office.
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The Planning Committee initially approved the application considering the primary internet distribution use compatible with industrial zoning and DTI support, with conditions to personalise permission…
No retail developments permitted in Braddan except neighbourhood shops
Prohibits retail in parish except local needs; officer assessed proposal's retail as conflicting since books serve wider market and compete with town centre, not neighbourhood.
No retail development or conversion in industrial areas
Strict ban on retail in industrial estates; exceptions in past for bulky goods (e.g. furniture) or site-produced items, but books neither bulky nor produced on site.
Retailing in Industrial Areas
Permits retail if items too bulky for town centre or produced on site, with no detriment to town centre; books sellable in town centre (e.g. Ottaker's), no production, potential viability harm.
Strategic Policy 8
Requires retail in zoned centres except neighbourhood shops; industrial retail only per Business Policy 4 exceptions not met here.
Industrial land retailing exceptions
Allows if bulky/not town-centre suitable or site-produced without town centre detriment; books fail as high street compatible.
Use limited to internet distribution with some retail
This approval relates to the use of Unit 11 as an Internet book distribution business involving the picking and packing of books for onward transmission through the post with some retail sales as described in the applicant's letter of 29th March, 2004.
Time limit for implementation
The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
Personal to applicant
This permission is personal to and may be exercised only by Mr. N.P. Croydon in his capacity as Director of Island Books Ltd and only for the purposes described in condition 1 above.
Supports internet book business as e-commerce; warehousing suitable for industrial estate; close to Post Office; retail minor (13-29%)
no objection; no adverse traffic impacts
Braddan Parish Commissioners objected to the retail showroom element citing contravention of local plan retail policies in industrial areas; Department of Trade & Industry supported the application due to its promotion of e-business; Highways Division had no objection.
Key concern: Retail showroom contravenes Braddan Local Plan Policies 2.4 and 2.5 prohibiting retail in industrial areas
Braddan Parish Commissioners
ObjectionThe Commissioners would recommend refusal of this application as in relation to retail sales, the proposal is contrary to the Policies contained within the existing Braddan Local Plan, in particular Policy 2.4 and 2.5; strongly object to the use of the building, for what is clearly in their opinion, a High Street Retail activity; Condition 1 can not be a valid Planning Condition, if the standard accepted tests were to be applied, in that the condition could not be enforced, due to the fact that the condition is not 'precise'
Conditions requested: Refuse application on grounds contrary to planning policy; Refuse if conditions cannot control the use
Department of Trade & Industry
Supportthe proposed internet book business aptly fulfils this aim; the internet element of the business is expected to provide the bulk of the turnover and the retailing side will be a more minor element, accounting for 13% to 29% of the total business; The Department therefore endorses the application
Highways Division
No ObjectionThe Highways Division of the Department of Transport has no views on the following application, the application having been considered and having no adverse traffic impacts
The original application for change of use of an industrial unit to internet book distribution with retail showroom was initially approved by the Planning Committee on 27 May 2004 but overturned on review on 30 July 2004 following objection from Braddan Commissioners. The refusal was based on policies against retail in industrial areas, risk of undermining town centre viability, enforcement issues, and precedent concerns. The Planning Committee's appeal statement defends the refusal citing Braddan Local Plan policies 2.4 and 2.5 prohibiting retail in industrial areas and arguing the retail element is not ancillary enough. Appellant lodged appeal No. 2388, with written procedure requested, but Chief Secretary noted possible withdrawal in October 2004. No inspector's decision or outcome is documented.
Precedent Value
Demonstrates strict enforcement of no-retail policies in industrial estates even for ancillary elements linked to compatible uses; applicants must demonstrate robust enforcement mechanisms and no town centre harm, with parish objections carrying significant weight at review stage.
