7 November 2006 · Delegated - Director of Planning and Building Control (M. I. McCauley)
Unit 17, Tromode Estate, Carrs Lane, Tromode, Douglas, Isle Of Man, IM4 4rg
The proposal was for a new industrial building on the last significant undeveloped plot within Tromode Industrial Estate, to be split 50% for warehousing/trade sales of janitorial goods and 50% for car sales showroom, with associated hardstanding and parking.
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The principle of an industrial unit was acceptable in the light industrial zoned estate. Both proposed uses (warehousing/trade sales and car sales) were deemed appropriate as the estate's uses were di…
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 (processes suitable for residential areas without amenity detriment). Officer noted zoning but found retail exception justified by emerging Strategic Plan and estate diversity; car sales not light industrial but acceptable per higher policy weight.
Industrial land retailing exceptions
On industrial land, permits retailing only if items cannot reasonably be sold from town centre due to size/nature and no detriment to town centre vitality. Officer applied this to car sales (not town centre retail) and janitorial trade sales, giving significant weight post-public inquiry Inspector acceptance.
Time limit for commencement
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
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.
Approved plans
This approval relates to drawing no.s 55/0/1, 55/30/3A, 55/30/4A and 55/30/5 date stamped the 26th September 2006.
Use restriction
Unless approved by a subsequent planning application the use of the building shall be for 50% warehousing and trade sales and 50% car sales.
Vehicle repair restriction
Unless approved by a subsequent planning application the repair of vehicles within the application site is hereby limited to vehicles that are to be either rented or sold from the application site.
no objection; recommend considering disabled access needs
no objection; request informative note on water connections
no objection
no objection
Multiple consultees responded to planning application 06/01645/B, with most raising no objection subject to conditions related to drainage permissions, water connections, invasive species, and access, while Onchan Commissioners objected to the car sales use in an industrial area.
Key concern: use of half the building for car sales as this introduces retail sales in an area designated as an industrial area
Drainage Division
Conditional No ObjectionNo Objection in principle, subject to the following conditions; In the event that this application is approved I should be grateful if these comments could be incorporated in the approval notice.
Conditions requested: As the work is adjacent to a millrace the developer is a requirement to obtain permission under Land Drainage Act 1934 prior to commencement on site.; The Developer should be aware that there is Japanese Knot weed on the site and they should seek advice from DAFF Wildlife on treatment and disposal of this plant.
IoM Water Authority
Conditional No ObjectionFor connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the IoMWA Planning and Projects Section, tel. 69 59 58.
Conditions requested: a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws.
Onchan Commissioners
ObjectionThe Commissioners would recommend APPROVAL for the erection of the building, parking and hardstanding and the use of half the building as a trade warehouse/distribution centre.; The Commissioners would object to the use of half the building for car sales; This recommendation is in accordance with the decision of PA 05/1905 and PA 04/2258 which also prohibited any form of retail activity.
Disability Access Office
No CommentWhere parking is provided provision should include a ratio of designated disabled parking places in line with the table below.
Conditions requested: provision should include a ratio of designated disabled parking places in line with the table below. Size of Car Park | Number of Disabled spaces: Up to 200 spaces | 5% of car park (min 3 spaces); Over 200 spaces | 4% of car park plus 4 spaces; Inside layout should have sufficient aisle width as to allow an unassisted wheelchair user to manoeuvre.; Entrance should be accessible to an unassisted wheelchair user.
Drainage Division
Conditional No ObjectionIn the event that this application is approved I would be grateful if these comments could be incorporated in the approval notice.
Conditions requested: the developer is required to obtain permission under the Land Drainage Act 1934 prior to any work commencing on site.; The applicant is advised to discuss the foul and surface water drainage layout for the proposed unit with the Divisions Sewerage Agent for the area – Onchan Commissioners.; advice should be sought from DAFF Wildlife on the safe treatment and disposal of this plant.
The original application (06/01645/B) for an industrial unit with hardstanding and parking at Tromode Industrial Estate was permitted by the planning authority on 7 November 2006, despite the Onchan District Commissioners' objection to the car sales component. The Commissioners appealed, arguing the estate is zoned for light industrial/warehousing per the Onchan District Plan, citing historical restrictions against retail and examples of refused retail proposals. The applicant and planning authority defended the approval based on the emerging Draft Strategic Plan (DSP) Business Policy 24, claiming car sales could not reasonably occur in town centres. The inspector conducted an inquiry and site visit, prioritising the adopted Onchan District Plan over the DSP, finding the car sales use conflicted with established industrial policy and recommending refusal of that element while permitting the building for light industrial use. A related appeal (PA06/1114) against a showroom conversion was also allowed, reinforcing protection of industrial land.
Precedent Value
Appeals succeed by upholding adopted local plans against emerging strategic policies; applicants must prove town centre infeasibility with robust evidence (land availability, boundaries); protects industrial land amid acknowledged shortages.
