20 October 2006 · Minister for Local Government and the Environment (following appeal inspector report)
Unit, Unit 15a, Tromode Estate, Tromode, Douglas, Isle Of Man, IM4 4rg
The proposal sought retrospective permission to use Unit 15a in Tromode Industrial Estate, an area zoned for light industrial purposes, for both vehicle repairs (car workshop) and associated car sales.
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The site is zoned for light industrial use under the Onchan Local Plan 2000 (Policy O/I/P/3), defining light industry as processes suitable for residential areas without amenity detriment from noise, …
Policy O/I/P/3 of Onchan Plan
Requires industrial land for light industrial purposes as defined in 1982 Development Plan Order (processes suitable for residential areas without amenity nuisance from noise, vibration, etc.). Officer and inspector assessed car repairs as compliant light industry akin to existing uses; car sales failed as retail not permitted. Tension arose from estate's evolving mixed uses, but policy strictly excludes retail absent exceptional justification.
Business Policy 5
Limits industrial land to industrial development/storage/distribution; retail only if items cannot reasonably be sold from town centres due to size/nature or produced on-site. Post-Tynwald approval, prevailed over local plan; car repairs satisfied as light industry, but car sales dismissed as feasible in town centres (e.g. Athol Garage, Swift Motors), prohibiting display for sale.
Time limit
The use must be taken up within four years of the date of this notice in order for the approval to remain valid after that time.
Approved drawings
This approval relates to drawing Nos. 55/0/1 AND 55/12/8, date-stamped the 1 September 2006.
No car display for sale
No display of cars for retail sale shall take place on the application site.
no objection but requests consideration of disabled access (e.g. wheelchair access, marked doors, aisle widths, low counters)
Onchan District Commissioners recommend refusal due to retail vehicle sales in an industrial area without town centre justification; Disability Access Office raises access requirements without stating objection or support.
Key concern: introduces retail sales of vehicles in an area designated as an industrial area
Onchan District Commissioners
ObjectionTo recommend refusal of that part of this application relating to the forecourt as it introduces retail sales of vehicles in an area designated as an industrial area and for a retail unit to be acceptable there would have to be adequate information to justify the goods proposed to be sold could not reasonably be sold from a town centre business.; There are in existence several car sales area within the town centre and these function without difficulty.; The recommendation of the Commissioners is in accordance with the decision of PA 05/1905 and PA 04/2258 which also prohibit any form of retail activity on this estate.
Disability Access Office
No CommentEntrance should be accessible to an unassisted wheelchair user.; Where there is full-length glass doors fitted they should be marked in some way at mid height to assist people with sight impairment.; 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.; 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)
Conditions requested: Entrance should be accessible to an unassisted wheelchair user; Where there is 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; 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)
The original application for continued use of Unit 15a, Tromode Industrial Estate, for car workshop and sales was permitted by the Department on 19.10.2006. Onchan District Commissioners appealed as third parties against the retail sales element, arguing it contravened industrial zoning policies. The applicant also appealed against a condition restricting repairs to vehicles for sale on-site. The inspector conducted a public inquiry on 13.03.2007, found car repairs acceptable as light industry but car sales contrary to the Onchan Local Plan, recommended allowing the third-party appeal in part by prohibiting sales and removing the condition. However, following Tynwald approval of the Isle of Man Strategic Plan in July 2007, the Minister dismissed Appeal A (retaining approval for sales under Business Policy 4 or 5) and allowed Appeal B (deleting the condition).
Precedent Value
This appeal demonstrates policy evolution trumps historic local plans once Strategic Plan adopted; car sales permitted in industrial areas under Business Policy 4/5 as no longer town-centre retail, but repairs alone acceptable as light industry. Future applicants should reference emerging strategic policies and estate diversity, providing parking evidence.
Inspector: John S Turner
