20 May 2005 · Minister for Local Government and the Environment (on appeal, following Inspector David Ward's report)
Site Within Ballawattleworth Estate Neighbourhood Centre Between Oak Road And Poortown Road Peel Isle Of Man
The proposal involved building four shop units, each about 70 sqm (total 285 sqm), facing south with four 2-bedroom flats above and 10 parking spaces on a 566 sqm vacant plot in an established neighbourhood centre that already has two shops with flats, a Chinese restaurant with flat, public house, nursery, six apartmen…
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The inspector concluded no evidence showed the proposed 285 sqm shops would harm Peel's town centre vitality/viability, as this was below the Draft Strategic Plan's 500 sqm threshold for retail impact…
Business Policy 7
Requires scale appropriate to area without harming adjacent retail; proposal <500 sqm so no Retail Impact Assessment needed; inspector found no evidence of harm to Peel town centre.
Business Policy 8
Exception for neighbourhood shops in large residential areas applies; site in approved neighbourhood centre serving new housing.
Community Policy 1
Neighbourhood centre already approved; shops provide community benefit for local residents.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to drawing number RP 002f (Sheet 5) and 2127.7.2.
No more than two shop units amalgamated
No more than two of the shop units hereby approved shall be amalgamated to form a larger shop unit.
No adverse traffic implications
No comment other than standard advice concerning connection
Within scope of Fire Precautions (Flats) Regulations 1996; consult flats team
Flats must meet Housing (Flats) Regulations 1982 and be registered
Peel Town Commissioners objected to the proposal due to its potential to divert trade from Peel's town centre shopping area, while Isle of Man Water Authority requested a water connection condition, and Disability Access Office specified accessibility requirements; numerous public objections echoed town centre vitality concerns.
Key concern: additional shops would divert trade from Peel town centre and harm its viability
Peel Town Commissioners
ObjectionThe Board unanimously objected to the provision of an additional four shops at the Ballawattleworth Estate as this would have a significant impact on the shopping centre in the lower part of the town.; The Commissioners are opposed to the development of four shops at Ballawattleworth Estate as it will take trade away from the Town Centre
Isle of Man Water Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; For connections to Flats and Apartments the following apply - "Water Supply To Flats And Apartments – Regulations", and if applicable a "Form Of Undertaking In Respect Of Supply Pipes" will be required
Disability Access Office
Conditional No ObjectionApartment blocks should meet the following requirements.
Conditions requested: Where parking is provided, which includes provision for visitors then five percent of unassigned spaces should be designated for disabled parking; The ground or primary entrance level should include at least one entrance that is accessible to an unassisted wheelchair user; Any sanitary facilities provided which are accessible to the public should include a disabled toilet; All public corridors should be of sufficient width and free from obstruction as to allow a wheelchair user to pass other users of the corridor; The primary entrance to all apartments should be of sufficient width as to be accessible by an unassisted wheelchair user; Where apartments and/or parking are provided over more than one level then a lift should be provided of sufficient dimensions as to allow an unassisted wheelchair user to enter, turn around and use the controls
The original application PA 05/00389 for erection of a block of four shops with four apartments over, replacing a previously approved health centre (PA 03/00791), was initially approved by the Planning Committee on 12 May 2005 but refused on review on 15 July 2005 due to concerns over excessive shops for the residential area and harm to Peel town centre vitality. The appellant argued the shops were small-scale neighbourhood facilities serving local residents, compliant with emerging Strategic Plan policies, with no evidence of town centre harm and no alternative suitable uses. The Council defended the refusal citing overprovision relative to ~463 dwellings and risk to town centre viability based on local evidence. The inspector found no evidence of harm to the town centre, noting the small scale below retail impact thresholds, thriving town centre appearance, and appropriate provision for the catchment; alternative uses were unsuitable. The inspector recommended allowing the appeal subject to conditions limiting shop amalgamation.
Precedent Value
This appeal demonstrates that refusals based on speculative retail impact without evidence or assessments will fail, especially for small neighbourhood shops below policy thresholds; applicants should highlight policy exceptions and push for evidence from Councils, while site visits can override local perceptions.
