12 January 2012 · Delegated
Unit No Tbc, Spring Valley Industrial Estate, Douglas, Isle Of Man, IM2 2qr
Next Plc applied for a Certificate of Lawful Use at Unit 1, Spring Valley Industrial Estate in Braddan, Isle of Man. The application aimed to establish that the retail sale of furniture, household goods, decorating items, and childrenswear from this unit would be lawful. The site is described as a newly built retail unit within the industrial estate. The case officer recommended that the certificate be declined, and the decision issued on 12 January 2012 confirmed this outcome. The available evidence is limited, and the detailed planning reasons behind the refusal are not set out in the supplied documents.
The application sought a Certificate of Lawful Use to confirm that Next Plc could lawfully use Unit 1 at Spring Valley Industrial Estate for the retail sale of furniture, household goods, decorating items, and childrenswear. The certificate was declined, meaning the proposed use was not confirmed as lawful. The officer report supported this outcome, recommending that the certificate be declined.
Business Policy 5 of the Isle of Man Strategic Plan
Business Policy 5: On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either: (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viabil ity of the appropriate town centre shopping area. 9.2.7 Where industrial development is proposed, it is essential that all parking and manoeuvring by vehicles which will be generated by the use of the site can be accommodated within the site and off the highway. This is particularly important within industrial estates where lack of parking and manoeuvring space can create significant difficulties for other estate users, particularly where the use of large and articulated vehicles is involved. Where mezzani ne levels are proposed after a building has been completed, the Department may require more parking space to accommodate the additional traffic which would be generated. The standards of parking provision which will be required are set out in Appendix 7. 9.2.8 Local requirements for industrial development of a particular sort will be identified during the preparation of Area Plans. The Department is aware that, within some parts of the Island, there is a demand for small "starter units".
