8 January 2004 · Minister for Local Government and the Environment
Seaview, 59, Governors Road, Onchan, Isle Of Man, IM3 4ae
The proposal sought permission to change the use of 'The Old Barn' (a converted outbuilding previously approved under PA 00/1180 for tourist use only) from holiday accommodation to permanent residential use ancillary to the main house at Sea View.
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The Minister accepted the Inspector's recommendation to dismiss the appeal by Onchan District Commissioners and uphold the Planning Committee's approval.
Policy O/RES/P/19 of Planning Circular 1/2000
Onchan Plan policy permits new residential properties in designated residential areas where they fit with density, massing, design and character of adjacent dwellings. Officer assessed site as residential designation with high-density terraced development nearby; existing outbuilding conversion suitable without external changes.
Ancillary/tourist use only
This approval relates to the use of the unit as either tourist accommodation or accommodation ancillary to that available in the main dwelling and may not be let or rented out separately.
24-month trial period for permanent use
The unit may be used as permanent accommodation ancillary to the main dwelling for a period of 2 years from the date of this notice, after which this use must cease unless there is by that time a planning approval to continue such use.
no views / no adverse traffic impacts
Onchan District Commissioners recommended refusal due to breach of original holiday use condition and access concerns; Highways Division had no objection as no adverse traffic impacts; multiple local residents objected citing traffic, lane condition, privacy, and precedent issues.
Key concern: breach of original tourist use condition and unsuitable access from unadopted rear lane
Onchan District Commissioners
ObjectionThe Commissioners would recommend that the application be REFUSED for planning purposes; The approval granted for the conversion of the former barn PA 00/1080 dated 19th October 2000 stated at condition 1 that: 'The accommodation would be available for Tourist use only.'; The Commissioners would also point out that in respect of the original application they recommended that access to the proposed conversion be taken from the existing entrance off Queens Road and not from the unadopted lane at the rear of Victoria Avenue.
Department of Transport Highways Division
No ObjectionThe Highways Division of the Department of Transport has no views on the following application, the application having been considered and having no adverse traffic impacts.
Department of Transport Highways Division
No ObjectionThe Highways Division of the Department of Transport has no views on the following application, the application having been considered and having no adverse traffic impacts.
The original application sought permission to use a former holiday cottage as permanent accommodation ancillary to the main dwelling at Sea View, 59 Governor's Road, Onchan, following prior approval for tourist use only (PA 00/1180). The Planning Committee approved it with conditions including a 12-month trial period for permanent use and tying it to the main house; Onchan Commissioners appealed against this approval, citing precedent, access concerns via an unmade lane, traffic intensification, and unsuitability for permanent use. Objectors raised issues with access, parking on private land, noise, and enforcement of prior tourist conditions. The inspector found the site in a residential area where permanent use was acceptable in principle, the narrow unmade access adequate for low traffic volumes, and the trial condition a sufficient safeguard; the appeal was dismissed, upholding the permission but amending the trial period to 24 months.
Precedent Value
This appeal shows that in residential areas, change from tourist to ancillary permanent use can succeed despite local opposition if highway authority approves access/traffic and trial conditions mitigate impacts. Future applicants should secure DoT support and emphasise policy-compliant context over prior permissions.
Inspector: R E Wilson
