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The application site is Unit 7a of within Middle River Industrial Estate. The site is within an area zoned as predominantly industrial land within the Douglas Local Plan 1998.
This application seeks permission to change the use of a warehouse/light industrial unit to trade electrical goods outlet. The ground floor is used as a sales area/office. The mezzanine floor level is used for storage with a workbench for the testing of televisions.
The types of products being sold from the unit are as follows: Televisions, Television stands, DVD Recorders, Fridge Freezers, Fridges, Gas/Electric Ovens, Printers, Washing Machines and tumble dryers, Electric Fires and Microwaves.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Business Policies 5 & 10.
Business Policy 5 states that "On land zoned for industrial use, permission will be given only for industrial or for storage and distribution; retailing will not be permitted except where either:
Business Policy 10 states that "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5."
The following previous applications are considered relevant in the consideration of this application:
06/01321/B – Development of ten started units (amended from approved nine starter units 05/02101/B) – granted subject to conditions on 5th January 2007.
Condition 2 of the permission stated that "The proposed units may be used for warehousing or light industrial purposes only. Any proposal for any other commercial use should form the subject of a separate application; retail or office uses are not hereby approved, and are unlikely to receive approval."
The Highways Division of the Department of Transport and Douglas Corporation do not oppose the application.
Manx Electricity Authority has objected to the application on the following ground: the use is contrary to the land use zoning, traffic/parking nuisance, the unit does not have sufficient parking for a retail outlet.
Standard comments have been received from the Isle of Man Fire and Rescue Service.
The key issue here is whether to allow retailing within an Industrial Estate. The main policies to consider are Business Policies 5 and 10 of the Isle of Man Strategic Plan 2007. Business Policy 10 states that "Retail development will be permitted only in established town and village centres, with exceptions of neighbourhood shops in large residential areas and those instances in Business Policy 5."
The application site is not located within an established town or village centre and therefore the proposed use would be contrary to Business Policy 10 unless it meets one of the exceptions outlined in Business Policy 5 of the Strategic Plan. The policy states that "On land zoned for industrial use, permission will be given only for industrial or for storage and distribution; retailing will not be permitted except where either:
and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area."
Paragraph (a) of the policy refers to essentially bulky goods. It should be noted that paragraph 9.2.6 of the Strategic Plan provides examples of the type of goods that cannot generally be sold from a high street or town centre location. These are motor vehicles, builders' materials, agricultural equipment and feed.
The type of goods being displayed and sold from the application site are as follows: Televisions, Television stands, DVD Recorders, Fridge Freezers, Fridges, Gas/Electric Ovens, Printers, Washing Machines and tumble dryers, Electric Fires and Microwaves. These items can be sold from a town centre location. There are a number of shops within Douglas that sell electrical/electronic equipment such as the Manx Electricity Authority showroom on Ridgeway Street and Colebourn on Victoria Street. These retail shops sell a number of the items that are being sold at the application site. This demonstrates that the existing retailers within Douglas can sell the range of goods that are on display at the application site within a high street or town centre location. It is considered that paragraph (a) of Business Policy 5 of the Isle of Man Strategic Plan has not been satisfied.
The next part of the assessment is whether the proposal would detract from the vitality and viability of Douglas Town Centre. It should be noted that the sales area only takes up approximately 131.08 square metres of the ground floor of this unit. While the mezzanine floor level is used for storage along with additional storage within units 1 and 2 of the same industrial estate. Units 1 and 2 do not form part of this application as the applicant has indicated that these units are only used for storage purposes. The retail floor area is relatively small scale compared to other retail floor areas within a town centre; however, as identified above the type of good being sold from the site can be displayed and sold from a high street or town centre location and there are retail units of this size or larger within Douglas. The continued use of an electrical goods outlet would attract trade away from an established town centre, i.e. Douglas Town Centre and would impact on the vitality and viability of the town centre.
In terms of highway safety, the Department of Transport have not objected to the application. The use is not considered to generate numbers of visitors that cannot be accommodated by the access and parking facilities available. It is considered that the proposal will not be prejudicial to highway safety.
It is recommended that the application be refused for the above reasons.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Whilst the Isle of Man Fire and Rescue Service represents a statutory authority, the points raised in correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance.
Manx Electricity Authority has commented on planning matters; however, they are not an adjoining landowner and as such do not have sufficient interest in the application to be afforded party status.
In summary, it is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status:
Douglas Corporation Highways Division of the Department of Transport
Accordingly the following parties are not afforded interested party status: Isle of Man Fire and Rescue Service Manx Electricity Authority
Recommended Decision: Permitted Date of Recommendation: 16.10.2008
R 1. The continued use of an electrical goods outlet would be contrary to Business Policy 5 of the Isle of Man Strategic Plan 2007 in that the type of goods being sold from the site can be displayed and sold from a high street or town centre location and it has not been demonstrated that the proposal would not detract from the on the vitality and viability of Douglas Town Centre.
Decision Made : Refused Committee Meeting Date : 30/10/08
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