14 September 2004 · Minister for Local Government and the Environment
Ground Floor Office, Murdoch House, South Quay, Douglas, Isle Of Man, IM1 5as
Manx Gas Limited sought permission to convert part of the ground floor office space (54m²) in their headquarters building, Murdoch House on South Quay, into a retail showroom for gas appliances such as cookers, ovens, fires and dryers, with no external changes and four customer parking spaces provided.
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The Planning Committee refused permission because the retail use in a light industrial area outside the designated town centre retail area contravened the Douglas Local Plan (Policy D/Ret/P1) and woul…
Douglas Local Plan Policy D/Ret/P1
Restricts retail development to the defined town centre area, with exception for non-food stores selling bulky goods in identified locations outside the centre and redevelopment of established uses. Officer assessed proposal as contrary as site is light industrial, not town centre, and not proven necessary there; no evidence of need specific to site. Inspector found partial compliance as gas appliances qualify as bulky goods, area has mixed retail uses, and relocation causes no viability harm.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Customer parking
The applicant must provide four customer parking spaces PRIOR to the use of the new showrooms.
No adverse traffic impacts
No objection to the application
Multiple consultees including DoT Highways and Douglas Corporation raised no objections to the change of use application, with Manx Gas and a private consultant providing supportive letters explaining operational needs and contextual arguments.
Manx Gas Limited
SupportThis letter is in support of our request for a review in respect of the above application; we believe that the best location for such a service is at our Head Office in South Quay; I trust that this adds clarity about our future plans for working with our customers and that you will be able to support our application.
Guy J. Thompson
SupportI would be grateful if the Planning Committee could consider the submission prepared by Manx Gas in respect of this application; The proposed change of part of the ground floor is an exceptionally minor and inconsequential change of use; there are no external changes to doors or windows, parking is available and there have been no objections to this application.; I trust the Planning Committee will consider these views and grant Manx Gas Limited approval, as requested.
Department of Transport Highways Division
No ObjectionNo adverse traffic impacts.
Department of Transport Highways Division
No CommentThe Highways Division does not wish to make further representation to the forthcoming review, beyond the response in the initial letter dated 1 September 2004.
Douglas Corporation
No Objectionthe committee agreed not to raise an objection to the application.
Douglas Corporation
No CommentI do not wish to add to the comments already submitted on behalf of Douglas Corporation.
The original application for change of use of part of the ground floor office to retail showroom was refused by the Planning Committee due to its location outside the designated town centre retail area in a light industrial zone, contrary to Douglas Local Plan Policy D/Ret/P1, and potential detriment to town centre viability. The appellant argued the proposal involved bulky goods qualifying for an exception, operational inefficiencies and safety risks at the existing Victoria Street showroom, and better integration with adjacent workshops. The inspector accepted these arguments, finding no significant detriment to town centre viability given the nature of bulky goods, improved business efficiency, adequate parking, and no objections from transport or Douglas Corporation. The appeal was upheld subject to conditions for time limit and parking provision.
Precedent Value
This appeal demonstrates that for bulky goods retail, inspectors will prioritise policy exceptions and proven operational benefits over strict town centre protection if no significant viability harm is evidenced. Future applicants should provide detailed evidence of business logistics, safety issues, and compliance with exceptions, supported by consultee approvals.
Inspector: David G Hollis
