27 July 2006 · Minister for Local Government and the Environment (following Planning Committee refusal and appeal dismissal)
Site Supply Phase 5, Isle Of Man Business Park, Douglas, Isle Of Man, IM2 2qx
The proposal involved minor alterations, including adding a window to Unit 1, to two recently constructed light industrial/storage units (approved under PA 05/01686) for use as a carpet/flooring warehouse, primarily for storage and distribution but with ancillary retail sales to the public from a small front reception …
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The officer report concluded the proposal would introduce retail sales into an area not zoned for such use, risking a precedent in a new development of light industrial/storage units where demand exce…
Braddan Local Plan 1991 Policy 2.5
Prohibits development of retail use or conversion to retail in existing or future industrial areas. Officer assessed the proposal as introducing retail sales, breaching this, despite bulky goods nature; exceptions not applied strictly historically but policy used to refuse to protect industrial land.
Industrial land retailing exceptions
Permits retailing on industrial land only if items cannot reasonably be sold from town centres due to size/nature (e.g. bulky goods like carpets) and does not detract from town centre vitality. Inspector found carpets qualify but proposal's retail element removed units from industrial stock amid shortages, failing broader policy intent to reserve industrial land.
B/RO/PR/11 (Braddan Parish Plan Modified Draft)
Excludes new retail in Business Park designation. Site within Business Park; proposal's retail rejected to avoid encroachment, though plan discontinued its weight is noted in reasoning.
Recommend approval
Do not oppose subject to standard notes
Braddan Parish Commissioners recommended approval of the application. Fire and Rescue Service required consultation with their Fire Safety Department on fire precautions. No highways response specific to this application was provided.
Braddan Parish Commissioners
SupportThe Commissioners would recommend to the Planning Committee that the application be approved.
Isle of Man Fire And Rescue Service
Conditional No ObjectionARCHITECT TO CONSULT WITH THE FIRE SAFETY DEPARTMENT WITH REGARD TO THE FIRE PRECAUTIONS CONTAINED WITHIN THIS PROPOSED DEVELOPMENT.
Conditions requested: ARCHITECT TO CONSULT WITH THE FIRE SAFETY DEPARTMENT WITH REGARD TO THE FIRE PRECAUTIONS CONTAINED WITHIN THIS PROPOSED DEVELOPMENT
The original application sought alterations to approved industrial units (PA 05/01686) to create a carpet/flooring warehouse with ancillary retail sales and a new window, refused by the Planning Committee for introducing retail use contrary to policy, loss of industrial units amid demand shortage, and inadequate parking. The appellant argued the principal use is storage/distribution with strictly ancillary retail suitable for bulky goods per emerging policies, no net loss of industrial units as it replaces an existing warehouse, and sufficient parking evidenced by survey. The inspector rejected ancillary retail claim as unenforceable, found it crosses into mixed retail/industrial use harming industrial stock amid shortage, noted policy evolution allows bulky goods retail but distinguished Business Park context, accepted parking evidence but noted future risks, and recommended dismissal with varied reasons, upheld by the Minister.
Precedent Value
This appeal demonstrates inspectors will prioritise preserving industrial stock amid shortages over ancillary retail claims, even for policy-compliant bulky goods; future applicants must provide site-specific evidence distinguishing Business Parks and propose enforceable controls, while parking surveys can succeed if future-proofed.
Inspector: G Farrington
