19 July 2004 · Planning Committee on review, confirmed by Minister
Bluebell Cottage, Patrick Road, St. Johns, Isle Of Man, IM4 3bn
The proposal sought to change the use of Bluebell Cottage, a converted former garage on the edge of St Johns, from tourist accommodation (approved in 2001 after appeal) to a permanent residential dwelling.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The Planning Committee judged the application on its merits despite a 2001 note against permanent use, noting the site is now in a 'predominantly residential' area in the St Johns Local Plan 1999, inv…
Time limit
The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
No permitted development
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 1983 (or any Order revoking or re-enacting that Order) no greenhouses, walls, gates, fences, garden sheds, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.)
Smoke detection
The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection.
no adverse traffic impacts; no objection
recommends mains wired interconnected domestic smoke detection; no objection subject to note
No statutory consultee responses with objections or conditions; Fire Service confirmed no further input required; multiple public objections from residents and Patrick Parish Commissioners on grounds of prior refusals, non-implementation of tourist use, and policy non-compliance, countered by applicant support.
Key concern: prior refusal of residential use and non-implementation of approved tourist accommodation
Patrick Parish Commissioners
ObjectionThe cottage has never been used as tourist accommodation and therefore it could be said that a change of use is not possible.; An application for residential status has been refused in the past and logically should be refused again.
Isle of Man Fire And Rescue Service
No CommentI do not require to appear at the review hearing provided that the previously submitted written observations made on my behalf are taken into consideration by the Planning Committee.
The original application (04/00989/C) for change of use of tourist accommodation (approved under 99/02039B) to a residential dwelling was approved by the Planning Committee. Appellants (neighbours at Kerrowkeil House) appealed, arguing nuisance from adjacent stables, inadequate parking, overdevelopment, and breach of prior ministerial note prohibiting permanent residential use. The Council defended the approval citing residential zoning in St Johns Local Plan 1999, matured landscaping, no extensions proposed, passage of time since prior refusal, and no highway objections. Inspector Michael Hurley considered residential suitability, visual impact, highway safety, amenity impacts from stables, and the non-binding nature of the prior note, concluding on balance that the change was acceptable as future residents would be aware of the stables. The appeal was dismissed, upholding the Committee's decision.
Precedent Value
Demonstrates that advisory notes on permissions cannot bind future applications, which must be decided on current merits; material changes like zoning and landscaping can overcome prior refusals despite neighbour opposition to amenity conflicts with known adjacent uses.
Inspector: Michael Hurley
