3 April 2012 · Planning Committee
Unit 1, Springham Park, Spring Valley Industrial Estate, Douglas, Isle Of Man, IM2 2qu
The proposal involved adding an internal mezzanine floor to the vacant Unit 1 at Spring Valley Industrial Estate to provide additional retail floorspace, increasing the total across Units 1 and 2 from the previously approved 1672 m² to 1709 m² (a 2.2% increase), with no external changes.
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The Planning Committee rejected the officer's recommendation to approve, determining that the 37 m² increase beyond the 1672 m² conditioned in PA 08/02135/A 'would further undermine the aims of Strate…
All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) sited within the town and village centr
Requires new retail (except neighbourhood shops or Business Policy 5 cases) in town/village centres on zoned land. Officer noted principle established but Committee found extra floorspace undermined town centre protection aims.
Business Policy 5
On industrial land, retailing only if items could not reasonably be sold from town centres due to size/nature and no detriment to town centre vitality. Parish supported if compliant; Committee refused as it further undermined centres.
Braddan Local Plan Policy 2.4
No retail in Braddan Parish except serving local neighbourhood needs. Site in industrial area.
Braddan Local Plan Policy 2.5
No retail development or conversions in industrial areas.
General Policy 1
Determinations regard Development Plan and material considerations.
General Policy 2
Development per zoning and policies permitted if respects site/surroundings, amenities, highways etc. Assessed but overridden by retail-specific policies.
No objection subject to complying with Business Policy 5
Do not oppose as 37 m² increase unlikely to materially increase trips/parking
Multiple local retailers, business groups, and Douglas local authorities submitted objections to planning application 11/01726/B for a mezzanine floor increasing retail space at Spring Valley Industrial Estate, citing breaches of prior floorspace limits, inadequate car parking, and severe retail impact on town centres; all recommend refusal.
Key concern: exceeds prior 1,672m² maximum retail floorspace condition by 634m² gross, violating Strategic Plan retail policies on industrial land
Waltons Television (Manx) Limited
Objectionthe impact on existing town centre electrical retailers will almost certainly see shop closures; it is unlikely that any will survive the onslaught. Clearly this will result in a virtual monopoly; this application should be refused
T.H. Colebourn Limited
Objectiona store of such size and in just the electrical sector would have a devastating impact on the existing electrical retailers; Curry’s/PC World are predicting a turnover of £7.1m which is over 70% of the current level of sales
Isle of Man Chamber of Commerce
ObjectionSuch a significant increase in the retail area of this development would have a significant impact on a number of key areas
Marown TV Ltd
Objectionthe impact on the local independent retailers would be a disaster if Currys were given permission; Is that what the Isle of Man Government really wants?
Douglas Development Partnership
Objectionthe proposal would actually result in an increase of 634 sq.m gross and therefore requires to be supported by a retail impact assessment
Douglas Borough Council
Objectionthe adverse impact on Douglas Town Centre will far outweigh any benefit to the community
The original application for approval in principle to demolish Unit 6 and a car wash facility and erect retail units with ancillary parking on an industrial estate was refused by the Planning Committee primarily for retailing outside established shopping centres, conflicting with policies directing retail to town centres and resisting retail in industrial areas. The appellant argued compliance with Strategic Plan Business Policy 5 for bulky goods retailing on industrial estates without harming town centre vitality/viability, supported by the 2009 Isle of Man Retailing Study showing expenditure leakage and no suitable town centre sites. The inspector found Business Policy 5(a) poorly worded but interpreted it practically to permit retail warehouse forms for bulky goods not reasonably accommodable in town centres, confirmed no suitable sites exist and no evidence of harm to centres' vitality/viability. The appeal was allowed with conditions limiting goods, floorspace, and units.
Precedent Value
This appeal sets precedent for interpreting ambiguous 'bulky goods' policies via retail form/warehouse tests rather than per-item, allowing out-of-centre retail warehouses if no town centre options and proven no harm to centres. Future applicants should provide Retailing Study-backed assessments, UK comparables, and avoid rigid policy literalism.
Inspector: David Bushby