27 May 2005 · Delegated - Director of Planning and Building Control (M. I. McCauley)
B & Q Plc, 35, Spring Valley Industrial Estate, Douglas, Isle Of Man, IM2 2qt
The application sought permission for internal alterations to the existing B&Q Superstore, specifically installing a new mezzanine sales floor of 1126 square metres at the western end for displaying bathroom, bedroom, and lighting items, plus a minor change to the colour of the main signage.
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The officer assessed the proposal as an internal mezzanine addition within the existing lawful B&Q store, complying with prior permissions from the original approval and PA 93/1131 appeal which restri…
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This permission relates to the installation of a mezzanine level as shown in drawings 20H, 19F and 15143-113 and the location plan all received on 8th March, 2005 and the change in the colour of the signage as shown in the submitted information.
no adverse traffic impacts
approved
Architect to consult with Fire safety dept re safety scheme
Braddan Parish Commissioners recommend approval. DOT Highways confirm no adverse traffic impacts. Fire Safety Officer requires consultation on fire safety scheme before approval.
Braddan Parish Commissioners
SupportThe Commissioners would recommend approval of the above application.
DOT Highways Division
No ObjectionNo adverse traffic impacts.
Isle of Man Fire And Rescue Service
Conditional No ObjectionARCHITECT TO CONSULT WITH THE FIRE SAFETY DEPARTMENT, WITH REGARD TO THE FIRE SAFETY SCHEME, CONTAINED WITHIN THIS PROPOSED EXTENSION
Conditions requested: ARCHITECT TO CONSULT WITH THE FIRE SAFETY DEPARTMENT, WITH REGARD TO THE FIRE SAFETY SCHEME, CONTAINED WITHIN THIS PROPOSED EXTENSION
The original application for alterations, new mezzanine sales floor, extensions to store and garden centre, and increased car-parking at B&Q Superstore was refused due to conflict with industrial land allocation and retail policies 2.4 and 2.5 in the Braddan Local Plan. The appellant argued the extension improves customer facilities without expanding product range, reduces congestion, creates jobs, and that policies do not absolutely preclude extensions to existing permitted retail uses, citing precedents. The Inspector found the policies ambiguous for extensions, the site's low industrial potential, and compelling benefits including better parking and jobs outweighing policy conflict. Braddan Parish Commissioners supported the appeal. The Minister agreed with the Inspector's recommendation to allow the appeal subject to conditions.
Precedent Value
This appeal sets precedent that retail policies on industrial land may not absolutely preclude extensions to existing lawful retail uses where special circumstances like public benefits and low industrial potential exist. Future applicants should emphasise quantifiable benefits, site-specific constraints, and policy flexibility for established operations.
Inspector: A. J. Millichap
