2 August 2004 · Minister for Local Government and the Environment (accepted Inspector's recommendation upholding Planning Committee)
Part Of The Barley Field, Isle Of Man Business Park, Cooil Road Douglas
The proposal sought permission to change two recently built light industrial units (units 10 and 11, each ~150m²) in The Barley Field area of Isle of Man Business Park from approved light industrial use to motorcycle sales (showroom in unit 10) and repairs (workshop in unit 11), employing 5 staff with a transit van for…
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Planning Committee accepted principle of motorcycle sales/repairs in industrial area as goods unsuitable for town centre, per emerging Braddan Local Plan and Draft Strategic Plan allowing certain reta…
Isle of Man Planning Scheme (Braddan Parish District Plan) Order 1991
Designates area for mix of uses including industrial; specifically excludes retailing in industrial areas. Officer noted emerging plan softens this for certain retail unsuitable for town centres if no detriment and adequate parking; Committee/Inspector accepted motorcycle principle but failed parking test.
Draft Isle of Man Strategic Plan
Acknowledges certain retailing (size/nature unsuitable for town centre, or produced on-site) permissible in industrial areas if no detriment to town centre viability/public and adequate parking/manoeuvring on-site/off-highway. Principle accepted but parking inadequate per policy test.
no difficulty with motorcycles transported on trailers or ridden in front; proposals to our satisfaction
no views, no adverse traffic impacts
no objection subject to conditions
Ryemeadow Limited strongly objected to the change of use citing violation of original industrial-only permissions and covenants, inadequate parking, and retailing concerns; Braddan Parish Commissioners initially supported but later supported refusal; Drainage Division had no objection subject to conditions.
Key concern: violation of original planning conditions and covenants restricting units to industrial/light industrial/warehousing use only
Braddan Parish Commissioners
ObjectionFollowing the provision of the additional information, and taking into consideration the location of the application’s site within the overall development, the Commissioners resolved to support the Planning Committee’s decision to refuse the application; The Commissioners would recommend that the Planning Committee reconfirm its decision on review
Braddan Parish Commissioners
SupportThe Commissioners would recommend approval of the above application
Department of Transport Drainage Division
Conditional No ObjectionNo Objection In principle subject to:
Conditions requested: It should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses. Appropriate measures must be taken by the developer / occupier of the premises to ensure compliance with the legislation.; The applicant must note that the newly installed foul and surface water sewers together with the foul pump station serving the development have not yet been adopted by the Division. This drainage system will remain in private ownership until such time as it is formally offered for adoption and the Drainage Division is satisfied with its construction.
Ryemeadow Limited
ObjectionNot to use the Scheduled Property and/or any building or structure erected thereon for any purpose other than for industrial and/or light industrial and/or warehousing purposes; Not to obstruct any road or footpaths or turning areas... by the parking of vehicles
The original application (04/01094/C) for change of use of units 10 and 11 from light industrial (approved under 03/00977B) to motorcycle showroom and repair was refused by the Planning Committee on 2 August 2004 primarily due to traffic impacts on other businesses from customer, delivery and staff movements. The appellant argued compliance with the emerging Braddan Local Plan, no adverse traffic impacts per Department of Transport, low customer numbers (max 5 simultaneous), adequate parking via subdivision and additional spaces, and unsuitability for town centre. The Planning Committee accepted the principle of motorcycle sales in industrial areas but maintained refusal on parking inadequacy based on surveys showing higher customer/vehicle generation. The inspector agreed on the principle but concluded the site's 5 allocated spaces plus proposed additions were insufficient for even appellant's estimated customers plus staff/operations, causing congestion, and recommended dismissal.
Precedent Value
This appeal shows inspectors will uphold principle of non-town-centre retail in industrial estates if policy-compliant but rigorously assess site-specific parking/manoeuvring; applicants must prove dedicated capacity exceeds max foreseeable demand including peaks, not just reallocate existing spaces.
Inspector: David G Hollis
