26 October 2022 · Delegated
Co Op, Retail Unit Crosby Meadow Estate, Peel Road, Crosby, Isle Of Man, IM4 2ee
This retrospective application sought permission to construct a new balcony at first-floor level of a coffee house at Crosby Meadows retail unit, along with additional parking at ground floor. The application was refused on 26 October 2022. The first reason for refusal was that the works increased the retail unit's floor area beyond 500 square metres, a threshold that triggers the requirement for a Retail Impact Assessment under the applicable business and strategic policies. No such assessment was submitted, and the proposal was also found to undermine conditions attached to earlier planning approvals for the site that specifically required this assessment if the unit exceeded that size. The second reason concerned the balcony itself. Its siting, height, and size in relation to the nearest neighbouring properties — No.
The application was refused for two reasons. First, the additional floor area pushed the retail unit beyond 500 square metres, triggering a requirement for a Retail Impact Assessment that was never submitted. Second, the balcony's siting, height, and size were found to cause unreasonable harm to neighbouring properties at No. 22 Cherry Tree Drive and The Laurels through noise, overlooking, and loss of privacy.
Refusal Reasons
Business Policy 9
Business Policy 9: The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1). (1) Retail Impact Assessment is defined in Appendix1.
Strategic Policy 9
Strategic Policy 9: All new retail development (excepting neighbourhood s hops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park (1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8. 4.4.7 The definition of Corporate Headquarters includes offices for those companies using the new information technologies and/or who service other business park users (but specifical ly excludes financial and professional services to visiting members of the public including banks, building societies, estate agencies and betting offices). 4.5 Transport and Communications 4.5.1 There is a direct link between the location of new devel opment, its effect on the transport network and the provision of a more integrated transport network. Accordingly:
Spatial Policy 4
General Policy 2
general standards towards acceptable development
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Environment Policy 23
environmental changes and potential increased impact on neighbours
Environment Policy 23: When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours. 7.18 Environmental Impact Assessment(1) 7.18.1 Environmental Impact Assessment (EIA) is an important procedure for ensuring that the likely effects of new development on the environment are fully understood and taken into account before the development is allowed to go ahead. It is a process by which information about the likely environmental effects of certain types of development is collected, assessed and taken into account by the developer (as part of project design) and by the planning authority (in determining the acceptability of the application). In cases w here developments are likely to have significant environmental effects, whether public or private, by virtue of their nature, size or location, EIA's will be required and the general principles set out in Appendix 5 should be followed. 7.18.2 For some types of development, EIA's will be required in every case, whilst other development will only require an EIA if the particular project is judged likely to give rise to significant environmental effects. Where development does not fall wit hin these categories, (1) Environmental Impact Assessment is defined in Appendix 1 but still has a significant effect on the environment, the Department will require suitable supporting environmental information. The main criteria for judging significance are as follows: i. major developments which are of more than local importance; ii. developments which are proposed in particularly environmentally sensitive or vulnerable locations; iii. developments with unusually complex and potentially hazardous environmental effects. 7.18.3 A Planning Policy Statement will be issue d specifying the manner in which the Department intends to deal with applications which should be subject to EIA. Pending the adoption of the proposed Planning Policy Statement the Department will adopt current practice on EIA's from England and Wales set out in the publication "Environmental Impact Assessment: A Guide to Procedures" (1).
