18 December 2008 · Minister for Local Government and the Environment following Planning Appeals Inspector's report
Shoprite Ltd, Derby Road, Peel, Isle Of Man, IM5 1hp
The proposal involved extending the existing single-storey supermarket from approximately 690 sq m to 1487 sq m gross floor area, primarily for additional retail space with matching materials and a relocated entrance facing Derby Road.
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The Inspector found the extension acceptable under Peel Local Plan retail zoning and Strategic Plan Business Policies 9/10, as it met quantitative/qualitative needs from Peel's growth without harming …
General Policy 2
Requires development to respect amenity, character, highway safety. Assessed compliant: separation distances (11.5-12.5m), pitched roofs mitigate overbearing/shadow; noise mitigable by conditions; DOT no-objection to traffic.
new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment
Supports retail in existing areas at appropriate scale without adverse adjacent impact; RIA required >500m². Satisfied: Peel LP retail zoning; RIA shows modest town centre impact (8-15% convenience, growth retained); appropriate to Peel's growth.
Business Policy 10
Retail in town/village centres except neighbourhood shops/BP5. Site 'existing retail' per Peel LP para 2.1/2.2; edge-centre 300m from core, sequential test passed as no town centre alternative for scale.
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 the alterations, erection of extensions and alterations to the parking layout of Shoprite, Derby Road, Peel as shown by the plans and information 1330/05-01A, 1330/05-04A, 1330/05-11B, 1330/05-12, 1330/05-14, 0802D-01, Design and Access Statement and Completed Checklist submitted and date stamped 27th July 2008, 1330/05-05C submitted and date stamped 2nd October 2008 and Retail Study For Shoprite submitted and date stamped 12th November 2008.
Materials approval
The external finishes of the extension must match those of the existing building in all respects.
No signage approval
No approval is granted for the erection of any signage which must form the basis of a separate application for Advertisement Consent.
Pedestrian access
The pedestrian access at the south west boundary (shown as being between parking spaces 108 and 109 on the approved plan 1330/05 Rev C) must be made available for use by pedestrians at all times when the store is open.
Landscaping scheme
No development may commence until there has been approved by the Planning Authority a scheme of landscaping which includes indications of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Car park layout scheme
Notwithstanding the submitted layout plan, there shall be submitted for approval by the Department an amended plan of the layout of the car-park which - (a) accommodates the landscaping scheme referred to in condition (6) above; and (b) indicates a scheme of regulating parking such that spaces along the northern boundary of the site are occupied only by cars rather than vans or other high vehicles. The car-park shall be laid out and operated in accordance with the approved amended plan.
Delivery hours
No delivery vehicles shall enter the site, or deliveries be undertaken, between the hours of 8.00 p.m. and 8.00 a.m.
Engine-off notices
The development shall not be brought into use, nor shall the use continue, unless notices are displayed at the loading bay requiring delivery drivers to turn off engines whilst deliveries are taking place.
Plant noise limits
The rated noise level (calculated according to BS4142:1997) from noise emitted from plant shall not exceed 40 dB daytime (0700-2300) and 30 dB night-time (2300-0700) as measured at the boundaries of any adjacent residential property.
no objection
do not oppose
standard note on cables/lines
building control comments only
No statutory consultee responses to the specific planning application 08/01260/B; Manx Electricity Authority notes underground cables/overhead lines requiring contact; multiple resident objections raise traffic, parking, noise, and amenity concerns; Shoprite responds defending the proposal.
Key concern: Underground cables/overhead lines requiring safety measures and potential diversion
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department... before any work can be carried out on site.
Conditions requested: Applicant must contact MEA Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site; Contact the M.E.A. for Electrical Site Safety 5 documents (Tel. 687766) before any work is carried out on site; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
The original application for alterations, extensions to the Shoprite store, and amended parking was permitted by the Planning Authority despite neighbour objections. Appellants argued the extension would harm Peel town centre vitality, cause overbearing impacts, noise, and safety issues. The Council and applicant defended it as compliant with Peel Local Plan retail zoning, Business Policies 9 and 10, and supported by retail studies showing no harm to town centre viability given Peel's growth. The inspector identified three main issues: retail impact (found compliant), residential amenity (adverse effects mitigable by conditions on deliveries, noise, parking, anti-social behaviour, and landscaping), and traffic safety (no harm demonstrated). The appeal was recommended dismissed, upholding permission subject to additional conditions.
Precedent Value
Demonstrates edge-of-centre retail extensions on zoned sites can succeed with robust retail/noise evidence and conditions mitigating amenity impacts; appellants must substantiate policy claims technically, as bare objections fail against professional assessments.
Inspector: David Ward
