12 October 2009 · Planning Committee
Unit 6, Spring Valley Industrial Estate, Douglas, Isle Of Man, IM2 2qr
The proposal involved demolishing an unoccupied light industrial unit (Unit 6) and associated cleared land fronting Cooil Road, replacing it with two retail showroom units totalling 1672 sqm (18,000 sqft) for operators selling predominantly bulky goods such as those from Halfords or Pets at Home, plus ancillary car par…
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The officer assessed the proposal against Strategic Plan policies directing retail to town centres, with narrow exceptions in Business Policy 5 for industrial-zoned land only if goods could not reason…
General Policy 1
Requires regard to development plan and material considerations. Officer applied as framework for assessment.
General Policy 2
Sets general development criteria (siting, scale, amenity, highways, etc.). Proposal acceptable on highways/visual/amenity but failed on principle of retail use.
Business Policy 1
Encourages employment growth subject to other policies. Loss of 0.57ha industrial land not significant given 16.94-36.94ha availability in east.
All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) sited within the town and village centr
Directs new retail to zoned town/village centres except Business Policy 5 exceptions. Site not zoned retail.
Business Policy 5
On industrial land, retail only if bulky goods unable to be sold in town centre AND no detriment to centre vitality/viability. Failed both tests: goods not proven bulky (e.g. bicycles/pets not accepted); RIA inadequate on impact/sequential test.
new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment
Supports retail in existing areas without adverse effect on adjacent; major proposals need RIA. RIA submitted but inadequate.
Business Policy 10
Retail only in town/village centres except BP5. Failed principle.
No retail developments permitted in Braddan except neighbourhood shops
No retail in Braddan except neighbourhood serving existing/future communities. Superseded by later Strategic Plan but reinforced direction to centres.
No retail development or conversion in industrial areas
No retail or conversion to retail in industrial areas. Superseded but site zoned industrial.
No objection
No comment on merits, request informative note if approved
Support - policy to locate on retail parks with car access; would not take high street space
Braddan Parish Commissioners objected due to retail in an industrial estate contravening their policy; Highways Division issued conditional no objection with detailed access, parking, servicing, and accessibility conditions; Manx Electricity Authority requested contact regarding utilities.
Key concern: contravention of agreed policy of not allowing retail properties in the Industrial Estate
Braddan Parish Commissioners
ObjectionIt was agreed that an objection should be raised because it was in contravention of their agreed policy of not allowing retail properties in the Industrial Estate.
Highways Division
Conditional No ObjectionDNO, subject to the following conditions; **DO NOT OBJECT**, subject to the following conditions
Conditions requested: Development shall not begin until details of the junction between the proposed service road and the highway have been approved in writing by the Planning authority; it shall not be first brought into use until that junction has been constructed in accordance with approved details.; Development shall not begin on site until details of the following have been submitted to and approved in writing by the Planning Authority: 1. the number, location and layout of vehicle parking spaces, including access aisles, surface markings and manoeuvring facilities; 2. the location and layout of loading, off-loading and manoeuvring facilities for delivery vehicles; 3. the pedestrian means of access to all buildings. The development shall not be brought into use until the works required to complete the approved details have been completed and all the vehicle parking, loading, off-loading and manoeuvring facilities shall thereafter be so retained.; Before the development is commenced a scheme indicating the provision to be made for disabled people to gain access to the development must be submitted to and approved by the Planning authority. The agreed scheme shall be implemented before the development is brought into use.
Manx Electricity Authority
No CommentThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department... to discuss working practices around Cables and Overhead Lines; Contact the M.E.A. for Electrical Site Safety 5 documents; MEA requires 24 hours unrestricted access to the cables in the Public Highway
Conditions requested: condition of planning be that the applicant must contact the Authority
Director of Highways
No CommentDefer; deferred pending transport Assessment
The original application (08/02135/A) for approval in principle to demolish an existing unit and erect two retail units (total 1672m²) for bulky goods retailers like Pets at Home and Halfords with 82 parking spaces on industrial land at Unit 6, Spring Valley Estate, Cooil Road, Douglas was refused by the Planning Committee primarily for being outside a town centre, failing to demonstrate no harm to vitality/viability of centres and that goods could not reasonably be sold from town centres, contrary to Business Policy 5 and 10. Appellant argued quantitative/qualitative need per Isle of Man Retail Study, no suitable town centre sites due to bulky goods requiring large showrooms/car parking, minimal trade impact (max 3.6% on Douglas). Council defended refusal citing policy directing retail to centres, no need, precedent for sporadic industrial retailing. Inspector found Business Policy 5 poorly worded but interpreted via Retail Study to permit bulky goods retailing outside centres if no suitable town centre sites and no harm to vitality/viability; no suitable sites available, no evidence of harm (appellant's assessment accepted), recommended allowance with detailed condition limiting goods.
Precedent Value
Sets precedent for interpreting ambiguous sequential policies via Retail Study 'bulky goods' test focusing on development form not items; future applicants should provide robust retail evidence, site inspections, and condition acceptance for out-of-centre bulky retail on industrial land.
Inspector: David Bushby
