**Document:** DEC Decision Notice
**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:** decision / decision_notice
**Source:** https://planningportal.im/a/12203-braddan-rileys-garden-centre/documents/987823

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# DEC Decision Notice

Cornerstone Architects 79 Parliament Street Ramsey Isle Of Man IM8 1AQ

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by J R Riley Limited, Ref 17/01316/B, for the Approval to use 80 square metres of garden centre for sale of bulky goods including electric bicycles and petrol utility vehicles (retrospective) at Rileys Garden Centre Ballapaddag Cooil Road Douglas Isle Of Man .

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

- 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.

- 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.

- 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.
- 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 reenacting 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.

- 5. 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.

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

This decision has been made for the following reasons(s) 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.

Date of Issue: 10th September 2020

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Implementation The decision does not become final until either Any appeal has been concluded; or 21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: the grounds for making the appeal; payment of the planning appeal fee (currently £285); and

election to have the appeal conducted by means of an inquiry(a hearing) or by means of written representation. Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated. An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/12203-braddan-rileys-garden-centre/documents/987823*