2 December 2005 · Planning Committee on review (written evidence)
Ballapaddag Cooil Road Braddan Isle Of Man IM4 2af
Robinsons Ltd sought permission to use part of their existing fruit and vegetable packaging and distribution plant for limited retail sales of wet fish and organic vegetables to the public on two days per week during quieter hours.
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The officer examined the site's extensive planning history and concluded no approval exists for non-bulky retail sales, with previous permissions explicitly prohibiting sales from the site (e.g., cond…
Retailing in Industrial Areas
Policy permits retailing in industrial areas only if items could not reasonably be sold from town centres due to size/nature, or if produced on-site and inseparable from business, with adequate parking. Officer assessed wet fish/organics do not meet criteria as non-bulky and suitable for town centres; not produced on-site; would harm town centre vitality despite applicant's claims of inseparability and limited scale.
Welcomes initiative to encourage increased availability of organic produce, especially locally produced; supports as it satisfies burgeoning demand.
Recommended approval as not detrimental to adjacent uses; sale of organic vegetables related to existing use; wet fish sales de minimis and incidental; supports local Manx company promoting Manx produce.
No adverse traffic impacts subject to conditions for additional parking and controlled hours.
Braddan Commissioners supported the application, DOT Highways had no objection subject to parking and hours conditions, and Manx Organic Network expressed support for the organic sales aspect.
Braddan Commissioners
Supportthe proposed additional use would not be detrimental to the adjacent uses; the sale of organic vegetables is directly related to the existing established use; the retail sale of wet fish would be diminimus and incidental to the specialist produce that they produce; The Commissioners would wish to record their support for what is a well established local Manx Company promoting and selling Manx produce
DOT Highways
Conditional No ObjectionNo adverse traffic impacts subject to the imposition of the following condition(s)
Conditions requested: The visitors parking area to serve this development must be increased to provide an additional six car parking spaces.; The hours of business of the sale outlet must be controlled to reduce conflict with peak flow traffic on the A24.
Manx Organic Network
Supportwe welcome any initiative which would encourage increased availability of organic produce in general and Manx produce in particular; We would therefore support such an initiative.
The original application for additional use of the distribution plant at Ballapaddag, Cooil Road, Braddan for retail sales of wet fish and organic vegetables on limited days was refused by the Planning Committee on 24 November 2005 and confirmed on review on 24 February 2006, citing lack of prior approval for non-bulky retail and harm to town centre viability. The appellant argued the proposal met emerging policy criteria for industrial area retailing, provided unmet demand for specialist fresh produce not viable in town centres, and was ancillary to wholesale operations. The Planning Committee defended refusal based on established policy in Planning Circular 6/91 prohibiting retail in industrial areas and potential precedent for out-of-centre non-bulky retailing. Inspector Michael Hurley found the proposal contrary to current policy, gave limited weight to emerging plans, and noted risks to town centre vitality from competition and future expansion. The appeal was dismissed on 6 July 2006, with direction to cease unauthorised sales.
Precedent Value
This appeal demonstrates that established policies prohibiting non-bulky retail in industrial areas will be upheld over emerging plan provisions, even with local support and claims of town centre incompatibility; applicants must show clear policy compliance rather than market arguments alone.
Inspector: Michael Hurley