**Document:** DEC Officer Report
**Application:** 17/01316/B — Approval to use 80 square metres of garden centre for sale of bulky goods including electric bicycles and petrol utility vehicles (retrospective)
**Decision:** Permitted
**Decision Date:** 2020-09-10
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/12203-braddan-rileys-garden-centre/documents/987819

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# DEC Officer Report

**Applicant:** J R Riley Limited Proposal Approval to use 80 square metres of garden centre for sale of bulky goods including electric bicycles and petrol utility vehicles (retrospective) Site Address Rileys Garden Centre Ballapaddag Cooil Road Douglas Isle Of Man Case Officer : Mr S Butler
**Site Visit:** Expected Decision Level Planning Committee
**Recommended Decision:** Permitted Date of Recommendation 25.08.2020

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

- C 1. This approval relates only to the additional sales consisting of and limited to electric bicycles and petrol utility vehicles (including quad bikes and small motorcycles) and any other goods which are ancillary and related to the main goods hereby permitted, (in addition to those listed in Condition 5).

All of the above items can only be sold in conjunction with the occupation of the garden centre by a single retailer.

Reason: In accordance with the terms of the application and to ensure that the retail aspect proposed remains secondary to the main garden centre use of the site and to retain control over the goods sold in order to minimise the impact of the development on the vitality of the town centre.

- C 2. The retailing or display for sale of same and ancillary goods (referred to in condition 1) shall not be undertaken within the site over an area exceeding 80 square metres of floor space at any time.

Reason: In accordance with the terms of the application and to ensure that the retail aspect proposed remains secondary to the main garden centre use of the site and to retain control over the goods sold in order to minimise the impact of the development on the vitality of the town centre.

- C 3. If the retailing or display area is currently larger than as required by condition 2, it shall be reduced to that area within one month of the planning approval becoming valid.

- Reason: In accordance with the terms of the application and to ensure that the retail aspect proposed remains secondary to the main garden centre use of the site and to retain control over the goods sold in order to minimise the impact of the development on the vitality of the town centre.
- C 4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order) the premises shall only be used as a garden centre plus the purposes specified in the Conditions 1 and 5 and for no other purpose (including any other purpose in Class 1 on the Schedule to the Town and Country Planning (General Permitted Development) Order 2012 or any provision equivalent to that Class in any Statutory Instrument revoking and/or re-enacting that Order).

Reason: The original approval was for a garden centre this application seeks to increase the range of goods and only those goods specified are approved and other uses, either within the same Use Class, or permitted by the Town and Country Planning (GPD) Order 2012 (or any Order revoking and/or re-enacting that Order) may not acceptable to the Department in this location without further consideration.

- C 5. Notwithstanding the provisions above and for the avoidance of doubt the sale of the following items are permitted to be sold. The retailing of products and the offering of services from the development hereby authorised shall be limited by the terms of the Schedules numbered 1-4 below and no retailing of other goods, products or services shall take place other than as authorised below: Products or services listed in the First Schedule may be retailed from the development hereby authorised, (Schedule of items listed in letter dated 22nd July 2003 and Schedule 1 of the S13 Legal Agreement dated 21st November 2017). Products in the Second Schedule may only be retailed from the development hereby authorised within a floor area not exceeding the limits in area for each item shown in that schedule (Those applied for under 17/01316/B and Schedules 2A and 2B of the S13 Legal Agreement dated 31st November 2017) and subject thereto the development hereby authorised shall not be used for the retail purposes or sale of products listed in the Third Schedule. The final schedule is a nonexhaustive list. THE FIRST SCHEDULE

- 1) Trees, plants, houseplants and flowers
- 2) Seeds, bulbs, corms, tumours and bulk seed
- 3) Growing medium, peat, compost, barks and top soils
- 4) Fertilisers, chemicals and plant food
- 5) Lawn seed and lawn care products
- 6) Gardening tools and equipment including watering systems and associate products
- 7) Planted containers, garden ornaments, statues and vases of all materials
- 8) Plant containers and planted arrangements
- 9) Gardening books
- 10) Aquatic gardens, garden pools and accessories
- 11) Garden furniture and barbeques including fuel and accessories
- 12) Children's garden play frames and children's garden toys
- 13) Garden machinery for sale or hire, repairs, servicing
- 14) Greenhouses, garden buildings and sheds
- 15) Fencing and Trellis
- 16) Construction materials and equipment for patios, garden paths, walling and pergolas
- 17) Garden and plant lighting
- 18) Outdoor swimming pools and pool care products
- 19) Greenhouse and conservatory heaters and fuel
- 20) Fish, reptiles, aquatic and vivarium equipment sundries and food
- 21) Videos, cds, magazines and tapes relating to the products listed in the schedule
- 22) Exhibitions/demonstration related to the approved product list

- 23) Landscape design and service
- 24) Wellington boots, gardening gloves, specialist gardening clothing
- 25) Conservatory cane furniture
- 26) Bird Food and Feeders
- 27) Wildlife care products, hedgehog houses, bat boxes, bird feed, bird tables.
- 28) Artificial flowers and arrangements
- 29) Garden related art and craft products
- 30) Christmas trees THE SECOND SCHEDULE

- 1) Cards and gift wrap for all occasions, Pictures, picture frames, photography albums, candles, candlesticks and accessories, books and DVDs, including non-fiction, fiction, children's books (but not including items fall within item 9 or 21 of First Schedule), walking sticks, lap trays, preserves and bakery products, sweets and clocks (but not including items fall within item 7 of First Schedule) limited to 50 [fifty] sq m in total
- 2) Christmas decorations and other seasonal decorations 45 [forty five] sq m in total
- 3) Jewellery Boxes, China, glass, ornaments, copper and brassware (including reflections of heart collection and miniature world) and Wedding gift products limited to 10 [ten] sq m in total
- 4) Winter motorcare products, Fire Companion Sets, Picnic ware and Fireworks limited to 10 [ten] sq m in total

THE THIRD SCHEDULE (Non-exhaustive list of goods and products not to be sold)

- 1) Ladies, men's and children's fashion clothing and fashion shoes
- 2) Ladies, men's and children's country and outdoor coats/clothing
- 3) Handbags
- 4) Beauty products (including cosmetic bags)
- 5) Interior Tableware and Kitchenware
- 6) Interior home accessories and products, including furniture and furnishings solely for use inside
- 7) Children's indoor games and toys
- 8) Dairy products, health and wholefood, grocery and delicatessen products (including Manx produce)
- 9) Perfumery and cosmetics
- 10) Pharmacy or chemist or medical products
- 11) Jewellery and spectacles
- 12) Cars and motorcycles, spare parts of cars and motorcycles (but not including items falling within item 1 of Second Schedule)
- 13) Computers
- 14) Radios and televisions
- 15) Office equipment
- 16) Domestic electrical appliances
- 17) Other Electrical goods (other than electric garden tools and machinery, and electrical products for garden features and items failing within First Schedule)
- 18) Wallpaper and paints
- 19) Musical instruments
- 20) Photographic equipment
- 21) Luggage
- 22) Leather goods
- 23) Beds and bedding
- 24) Carpets and curtains
- 25) Tobacconist or newsagent
- 26) Homecare and home improvement items
- 27) Alcohol
- 28) Camping equipment
- 29) Art and craft hobby products inc needleware and tapestries

Reason: For the avoidance of doubt and in the interests of clarity in relation to the previous and current applications and the content of the S13 Legal Agreement dated 21st November 2017.

This application has been recommended for approval for the following reason. The variation of the permitted goods for sale in the garden centre would by reason of the scale, type of products and location within the store, not materially affect the viability of local retail stores nor the vitality of the Douglas Town Centre. As such the proposal accords with Strategic Policy 9 and Business Policy 5 of the Strategic Plan.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 18th December 2017:

- o (03) 101 Floor Plan Electric Bikes and Utility Vehicles
- o (03) 001 Proposed Site and Location Plan _______________________________________________________________

## Interested Person Status

Additional Persons

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

- o 37 Parliament Street, Ramsey;
- o Isle of Man Fire and Rescue Service. as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy, are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.

________________________________________________________________ Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE PLANNING COMMITTEE FOR DETERMINATION AS IT IS A DEPARTURE FROM THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.

1.0 SITE - 1.1 The site is the curtilage of Riley's Garden Centre at Eden Park - located on the south western side of Cooil Road. The site is adjacent to the Robinson's fruit and vegetable packing and packaging plant and opposite the main Isle of Man Business Park. - 1.2 The site is used for the retailing of a range of products including clothing, bicycles, garden machinery, a café and food products.

2.0 THE PROPOSAL - 2.1 The application is retrospective for the use of 80m2 of the interior floor space of the garden centre for the sale of bulky goods including electric bicycles and petrol utility vehicles.

## - 3.0 PLANNING HISTORY AND BACKGROUND

3.1 The planning history for the wider site is substantive. Much of it is concerned with the erection of extensions to the property and works ancillary to the main building. The following represents a summation of the planning and enforcement history for the garden centre. - 3.2 Planning approval was first granted as an approval in principle under 01/02360/A, for creation of storage, retail and repair centre for farm and garden machinery and equipment". This application was approved subject to a number of conditions one being:-

"This approval relates of the principle of the use of the site and the erection of buildings thereon for the purposes of the sale, repair and demonstration of garden and/or agricultural equipment and machinery and the sale of plants and seeds. No general retailing is hereby approved nor the sale of other items not associated with the above."

3.3 In 2003, 03/00344/B followed on from the 2001 approval and sought and received approval for "Erection of garden and machinery centre to include retail area, offices, restaurant, ancillary services and parking". - 3.4 The application was considered by Planning Committee who expressed some concerns over the range of goods to be sold from the site which were not associated with garden machinery or equipment. Following this a list of items was subsequently put forward by the applicant's agent. Following negotiation the approved list was submitted by Mr M F Riley on 22 July 2003. This list was agreed by the Planning Committee and attached to the approval and is crossreferenced in condition 3 of the approval 03/00344/B. - 3.5 Following on from this there have been a number applications relating to design (04/0266), drainage and access arrangements, (04/02547), extension. In 2012, there was an application for an extension to provide a storage facility, garden machine workshop and weather protection to an existing canopied display area (12/00243/B and 13/00201/B ) which were approved. This was then amended via 13/00201/B which was approved. Most recently, illuminated signage at the site was approved (14/00093/D).

3.3 There are a total of 4 concurrent planning applications under assessment for the use of the application site for various retailing purposes, the current application is one of them. The purpose of the applications is to allow additional items to be sold above that allowed in the original application and a Section 13 Agreement which was entered into as a result of enforcement action. The Section 13 Agreement was drawn up to regulate and clarify the sales items from the garden centre and to assist both the appellant and the Department in an appeal in respect of an enforcement notice. This agreement sets down a number of types of goods and products outside the conditions list on the following basis, subject to limitations and conditions;

- o those which would be appropriate at a garden centre, such as wildlife products;
- o those that have been sold for in excess of 10 years on a consistent year round basis, such as cards, picture frames and sweets;
- o those that have been sold for in excess of 10 years on a seasonal basis, such as Christmas decorations; and
- o those sold at such levels they are not considered to be expedient or at such a level to pursue enforcement action, such as ornaments, picnic ware and fireworks;

## - 4.0 PLANNING POLICY

4.1 The site lies within an area designated on the Braddan Parish Plan of 1991 as Open Space / Agricultural use. The site, however, is within an area that has an established use as a garden centre. Given the substantial level of development which has taken place in recent times, it is considered reasonable to acknowledge that the application site's use goes beyond the current designation.

4.2 The emerging Area Plan for the East is also relevant. The draft Area Plan for the East was published on 25.05.18 and, following examination, the inspector's report was published 25.11.19 and the plan is currently being taken through the formal stages leading to final consideration by Tynwald. Within the plan the site is designated as industrial use and within the new Douglas existing settlement boundary. This was not challenged through consultation or at the inquiry. This allocation is not considered to weigh in the application's favour. - 4.3 The following policies of the Isle of Man Strategic Plan are considered to be material relevance given the land use zoning and the proposal.

- 4.3.1 Strategic Policy 1: Development should make the best use of resources by:

- (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;
- (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
- (c) being located so as to utilise existing and planned infrastructure, facilities and services.

- 4.3.2 Strategic Policy 6: Major employment-generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans.
- 4.3.3 Strategic Policy 9: All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park(1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8.
- 4.3.4 Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to:

- (a) minimise journeys, especially by private car;
- (b) make best use of public transport;
- (c) not adversely affect highway safety for all users, and
- (d) encourage pedestrian movement

- 4.3.5 Spatial Policy 5: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.
- 4.3.6 General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment.

Previously developed land is defined in Appendix 1 of the Strategic Plan as "land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure."

- 4.3.7 Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.
- 4.3.8 Business Policy 5: On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either:

- (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or

- (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; 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.

- 4.3.9 Paragraph 9.2.5 of the Strategic Plan is also particularly relevant to this assessment: "There has been pressure on Government to permit retailing within industrial areas, particularly those on the outskirts of Douglas. Following the development of the large-span "do it yourself" retail facility by B & Q in the Spring valley industrial estate in the mid-1980s, Tynwald took an immediate stance against out of town retailing by a resolution in 1987 which stated that "Positive steps should now be taken to revitalise existing town and village centres for the benefit of the whole community...and no further major out of town retailing developments should be permitted". The Braddan Local Plan adopted by Tynwald in 1991 reiterated this policy, and successive local and Area Plans have been formulated to concentrate retailing on existing centres in defined settlements."
- 4.3.10 Business Policy 9: The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1).
- 4.3.11 Business Policy 10: 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.
- 4.3.12 Community Policy 11: The design and use of all new buildings and of extensions to existing buildings must, as far as is reasonable and practicable, pay due regard to best practice such as to prevent the outbreak and spread of fire.
- 4.3.13 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.

## - 5.0 REPRESENTATIONS

5.1 Braddan Commissioners have no objection to the application (15 and 29.01.18). - 5.2 JAC Distribution Ltd, 37 Parliament Street, Ramsey objected to the application (17.01.18) citing the following reasons:

- o All of the goods within the applications can and are sold from town centres around the Island;
- o The proposals do not accord with Business Policies 5,9 and 10;
- o To allow this retail element would set a dangerous precedent and cause harm to the vitality of the town centres and confidence of business owners and operators in the town centres.

5.3 The IOM Fire and Rescue Service recommend refusal of the application as it does not currently comply with Fire Precaution regulations for a building with a compartment size greater than 5000m2. They note that the above property has a compartment exceeding this size but no fixed firefighting system installed, so consequently does not comply with these regulations. The introduction of petrol utility vehicles, electric bicycles, home interior goods and clothing has increased the fire loading (03.01.18).

## - 6.0 ASSESSMENT

6.1 The key considerations in the assessment of this application are:

- o The principle of the retail use in question being operated from this site;
- o The impact on Douglas Town Centre; and
- o The parking and highways impact.

## 6.2 The principle of the use

- 6.2.1 As outlined previously in this report, the wider site is not specifically zoned for development in the Braddan Local Plan. There is therefore a general presumption against development. It is considered that the substantial size of the garden centre has been developed since the local plan came into force, and therefore the change of use development in this application may be considered acceptable in broad land use terms.
- 6.2.2 Despite this however, there are additional considerations in terms of principle of development relating to the broader commercial use itself and its acceptability in an out-of town area. Whilst the use as a garden centre has been established, and it is accepted that ancillary retail provision relating to the garden centre use may be permissible, this application specifically assesses the sale of bulky goods from the site as specified in the proposal description.
- 6.2.3 As the floor space of the site would not be altered or expanded, it is not considered that there is a quantifiable level of increase in 'employment generating development' on the site which may be considered as 'major'. Therefore, the use does not conflict with Strategic Policy

6. It could be argued that the use makes use of previously developed land, however this argument could also be used for the positioning of the retail element within the town centre or any other previously developed land, it is not considered sufficient reason for the use being undertaken within the application site.

- 6.2.4 Strategic Policy 9 is clear in that it states that all new retail development must be sited within town and village centre on land zoned for such purposes. In assessing whether the sale of bulky good as outlined is a 'new retail development', it is considered that as it is a use which could not reasonably be regarded as ancillary to the operation of a garden centre, it is a new and previously unauthorised retail development. There is an exception within Business Policy 5 however for items which could not reasonably be sold from a town centre location because of their size or nature, or items which could not reasonably be severed from the overall business. Both of these exceptions are subject to the test at the end of Business Policy 5 - that it must be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area (in this case, Douglas).
- 6.2.5 As noted in 4.2.9 of this report, there is a wider Government desire to restrict the level of out-of-town retail development in general, and this is backed up by the Business and Strategic policies outlined above. The sale of bulky goods is somewhat unique however, in that it is not necessarily the case that items such as quad bikes and electric bikes could be sold from the existing retail core of Douglas - such as the Strand Street area or retail periphery. Indeed, the sale of such items given their size and potential noise and pollution could be regarded as unsuitable for sale in town centre retail areas.

## 6.3 Impact on the town centre

- 6.3.1 Following on from the above, the sale of the bulky items outlined from the garden centre is unlikely to have a significant or unacceptable detrimental impact on the vitality of Douglas town centre as the suitability of the town centre for this retail use is questionable. Furthermore, the sale of large bulky goods is already established in such areas such as in the adjacent Business Park. It is considered that the sale of these goods from the application site is an acceptable exemption to the aforementioned policies and is, on balance, acceptable in principle - subject to the considerations below.

## 6.4 Parking and Highways

- 6.4.1 As there is no increase in floor space proposed, and the general garden centre use may be classed as retail, it is considered that there is no specific intensification of the use resulting from the sale of the bulky items outlined in the proposal description. Therefore, the impact on parking demand on the site, and on highway safety and access onto the main Cooil Road, is unlikely to be significantly altered with or without the use being undertaken. The proposal is therefore considered acceptable from a parking and highway safety perspective.

### 6.5 Other Matters

- 6.5.1 IOM Fire and Rescue service have raised concerns around the overall fire safety of the garden centre building. It is considered that these matters are controlled through separate non-planning legislation. The case officer had discussions with the Senior Fire Safety Officer and was advised that progress had been made as of 16th October 2019 and that further meetings with the applicant were planned in regard to ensuring that appropriate fire safety recommendations are followed. It is considered that the matter of fire safety is being dealt with by the Fire and Rescue Service.

## - 7.0 CONCLUSION

7.1 In summary, the broad principle of the sale of bulky items such as petrol utility vehicles from the site is considered acceptable as an exception to general presumptions against retail development in such an area. It is considered that the viability of Douglas Town Centre would not be unacceptable impacted, nor would highway safety. The application is therefore recommended for approval, subject to conditions. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
- (d) Highway Services Division of Department of Infrastructure and
- (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine:

- o Whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
- o Whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status _______________________________________________________________

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : …Permitted……….... Committee Meeting Date:…07.09.2020

Signed :………S BUTLER……….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

PLANNING COMMITTEE DECISION 07.09.2020 Application No. : 17/01316/B Applicant : J R Riley Limited Proposal : Approval to use 80 square metres of garden centre for sale of bulky goods including electric bicycles and petrol utility vehicles (retrospective) Site Address : Rileys Garden Centre Ballapaddag Cooil Road Douglas Isle Of Man Head of Development Management : Mr S Butler Presenting Officer As above Addendum to the Officer’s Report The case officer recommendation was amended to:

- - clarify the wording of condition 5; and
- - afford IPS to the IOM Fire & Rescue.

C 5 amended Notwithstanding the provisions above and for the avoidance of doubt the sale of items as set out in this condition is permitted.

The retailing of products and the offering of services from the development shall be limited by the terms of the Schedules numbered 1-3 below and no retailing of other goods, products or services shall take place.

- o Products or services listed in the First Schedule may be retailed from the development, (Schedule of items listed in letter dated 22nd July 2003 and Schedule 1 of the S13 Legal Agreement dated 21st November 2017).
- o Products in the Second Schedule may only be retailed from the development within a floor area not exceeding the limits in area for each item shown in that schedule (those applied for under 17/01316/B (conditions 1 and 2 above) and Schedules 2A and 2B and 3A and 3B of the S13 Legal Agreement dated 31st November 2017).
- o The development shall not be used for the retail purposes or sale of products listed in the Third Schedule (Schedule 4 of the S13 Legal Agreement dated 21st November 2017). THE FIRST SCHEDULE

- 1) Trees, plants, houseplants and flowers
- 2) Seeds, bulbs, corms, tumours and bulk seed
- 3) Growing medium, peat, compost, barks and top soils
- 4) Fertilisers, chemicals and plant food
- 5) Lawn seed and lawn care products
- 6) Gardening tools and equipment including watering systems and associate products

- 7) Planted containers, garden ornaments, statues and vases of all materials
- 8) Plant containers and planted arrangements
- 9) Gardening books
- 10) Aquatic gardens, garden pools and accessories
- 11) Garden furniture and barbeques including fuel and accessories
- 12) Children's garden play frames and children's garden toys
- 13) Garden machinery for sale or hire, repairs, servicing
- 14) Greenhouses, garden buildings and sheds
- 15) Fencing and Trellis
- 16) Construction materials and equipment for patios, garden paths, walling and pergolas
- 17) Garden and plant lighting
- 18) Outdoor swimming pools and pool care products
- 19) Greenhouse and conservatory heaters and fuel
- 20) Fish, reptiles, aquatic and vivarium equipment sundries and food
- 21) Videos, cds, magazines and tapes relating to the products listed in the schedule
- 22) Exhibitions/demonstration related to the approved product list
- 23) Landscape design and service
- 24) Wellington boots, gardening gloves, specialist gardening clothing
- 25) Conservatory cane furniture
- 26) Bird Food and Feeders
- 27) Wildlife care products, hedgehog houses, bat boxes, bird feed, bird tables.
- 28) Artificial flowers and arrangements
- 29) Garden related art and craft products
- 30) Christmas trees THE SECOND SCHEDULE

- 1) Cards and gift wrap for all occasions, Pictures, picture frames, photography albums, candles, candlesticks and accessories, books and DVDs, including non-fiction, fiction, children's books (but not including items fall within item 9 or 21 of First Schedule), walking sticks, lap trays, preserves and bakery products, sweets and clocks (but not including items fall within item 7 of First Schedule) limited to 50 [fifty] sq m in total
- 2) Christmas decorations and other seasonal decorations 45 [forty five] sq m in total
- 3) Jewellery Boxes, China, glass, ornaments, copper and brassware (including reflections of heart collection and miniature world) and Wedding gift products limited to 10 [ten] sq m in total
- 4) Winter motorcare products, Fire Companion Sets, Picnic ware and Fireworks limited to 10 [ten] sq m in total

THE THIRD SCHEDULE (Non-exhaustive list of goods and products not to be sold)

- 1) Ladies, men's and children's fashion clothing and fashion shoes
- 2) Ladies, men's and children's country and outdoor coats/clothing
- 3) Handbags
- 4) Beauty products (including cosmetic bags)
- 5) Interior Tableware and Kitchenware
- 6) Interior home accessories and products, including furniture and furnishings solely for use inside
- 7) Children's indoor games and toys
- 8) Dairy products, health and wholefood, grocery and delicatessen products (including Manx produce)
- 9) Perfumery and cosmetics
- 10) Pharmacy or chemist or medical products
- 11) Jewellery and spectacles
- 12) Cars and motorcycles, spare parts of cars and motorcycles (but not including items falling within item 1 of Second Schedule)

- 13) Computers
- 14) Radios and televisions
- 15) Office equipment
- 16) Domestic electrical appliances
- 17) Other Electrical goods (other than electric garden tools and machinery, and electrical products for garden features and items failing within First Schedule)
- 18) Wallpaper and paints
- 19) Musical instruments
- 20) Photographic equipment
- 21) Luggage
- 22) Leather goods
- 23) Beds and bedding
- 24) Carpets and curtains
- 25) Tobacconist or newsagent
- 26) Homecare and home improvement items
- 27) Alcohol
- 28) Camping equipment
- 29) Art and craft hobby products inc needleware and tapestries

Reason: For the avoidance of doubt and in the interests of clarity in relation to the previous and current applications and the content of the S13 Legal Agreement dated 21st November 2017. In order to comply with Business Policies 5 and 10 and Strategic Policy 9 and the land use zoning of the Braddan Local Plan 1991.

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*Canonical page: https://planningportal.im/a/12203-braddan-rileys-garden-centre/documents/987819*