30 October 2006 · Minister for Local Government and the Environment
Riverside Cermaics, 12b, Tromode Estate, Carrs Lane, Tromode, Douglas, Isle Of Man, IM4 4qd
The proposal involved internal alterations to an existing industrial unit, including a mezzanine showroom floor, window displays and entrance changes, to create a combined warehouse and showroom for Riverside Ceramics and Etc Kitchens, Bedrooms and Bathrooms.
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The Minister accepted the Appeal Inspector's recommendation to reverse the delegated approval, finding the retail showroom contrary to the Onchan Local Plan zoning the estate for light industrial and …
Policy O/I/P/3 of Onchan Plan
Requires land designated for industry to be used for light industrial purposes as defined in 1982 Development Plan Order, excluding processes causing nuisance or retail. Officer initially found proposal acceptable due to estate diversity but Inspector ruled retail showroom conflicted, as policy makes no reference to retail and history enforces restrictions.
General comment on providing disabled parking, accessible entrance, automatic/light doors, disabled toilet, wheelchair aisles and low counters if facilities provided
Recommend applicant contact for fire precaution measures
Highways Division objects due to insufficient parking for visitor traffic; Onchan Commissioners recommend refusal due to retail in industrial area; Disability Access Office requests accessible features; Fire and Rescue recommends consultation but does not object.
Key concern: Introduces retail sales in an area designated as an industrial area
Department of Transport Highway Division
ObjectionObjection | The Development will attract visitor traffic and will not increase the parking provision available to serve this traffic. Note a standard of 1 space per 15 square metres is acceptable for the showrooms and 1 space per 50 square metres for the other light industrial usages.
Disability Access Office
Conditional No ObjectionWhere parking is provided provision should include a ratio of designated disabled parking places in line with the table below.; Entrance should be accessible to an unassisted wheelchair user.
Conditions requested: provision should include a ratio of designated disabled parking places: Up to 200 spaces - 5% of car park (min 3 spaces); Over 200 spaces - 4% of car park plus 4 spaces; Entrance should be accessible to an unassisted wheelchair user; Where there are full-length glass doors fitted they should be marked in some way at mid height to assist people with sight impairment; It is preferable to have automatic doors but where this is not the case then the doors should not be so heavy as to require a pulling force exceeding twenty Newton’s, measured at the leading edge, to open the door; Where public toilet facilities are provided this should include the provision of a disabled toilet; Inside layout should have sufficient aisle width as to allow an unassisted wheelchair user to manoeuvre; All serving counters should contain at least one section suitable for wheelchair users (e.g. low enough to use to write a cheque)
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application be REFUSED for the following reasons:- "It introduces retail sales in an area designated as an industrial area..."
Isle Of Man Fire And Rescue Service
No CommentI RECOMMEND THAT THE APPLICANT CONSULTS THE FIRE SAFETY DEPARTMENT TO DISCUSS THE FIRE PRECAUTIONS.
Conditions requested: I RECOMMEND THAT THE APPLICANT CONSULTS THE FIRE SAFETY DEPARTMENT TO DISCUSS THE FIRE PRECAUTIONS
The original application (06/01114/B) for conversion of an existing warehouse to include a showroom was permitted by the Department on 27.10.2006. Onchan District Commissioners appealed, arguing the proposal breached the industrial zoning, historical conditions prohibiting retail, and Onchan Development Plan policy for light industrial/warehousing uses. The applicant argued for business efficiency by combining warehouse and showroom under one roof, noting existing showroom sales elsewhere and complementary estate uses. The inspector found the retail element contrary to adopted policy, placed little weight on the draft Strategic Plan, noted demand for industrial land, and recommended allowing the appeal to refuse the retail showroom component. The recommendation was agreed, reversing the approval.
Precedent Value
This appeal reinforces that adopted local plans and historical conditions prohibiting retail in industrial zones carry decisive weight over draft policies or diversification claims. Future applicants must demonstrate no industrial land loss and strict policy compliance, distinguishing from narrow precedents like oversized furniture.
Inspector: John S Turner
