21 September 2004 · Minister for Local Government and the Environment
12, Empire Terrace, Douglas, Isle Of Man, IM2 4le
The proposal was for approval in principle to convert the existing 5-storey guest house known as 'Craigwell' into 5 apartments, one per floor, without on-site parking provision. The site is on Empire Terrace, a one-way street behind the Castle Mona in Douglas, zoned for tourism, residential, and office use.
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The Planning Committee refused due to parking: 'Use of building as five flats would generate a demand for at least five parking spaces; on-site parking space is not practical and on-street parking wou…
Housing Policy 14
Permits conversion of buildings into flats in residential areas if adequate space for drying, refuse, amenity, and if practical car parking is provided, plus pleasant outlook from principal rooms. Officer noted on-site parking impractical but street width (7.55m) and one-way nature allow safe on-street parking; appellant argued compliance met.
Douglas Local Plan Policy DITLRJP3
Supports change of use of obsolete tourism buildings to residential/offices; Department of Transport concerned about parking precedent for multiple conversions, but inspector found no policy inhibition on conversions.
Reserved matters approval
This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
no objections
acknowledges receipt of application
acceptable subject to conditions including accessible entrances, lifts, corridors, and disabled parking if provided
Douglas Borough Engineer and Building Control had no objection; Isle of Man Water Authority objected due to water supply capacity issues but offered to withdraw subject to a condition; Douglas Drainage deferred pending drainage details and later conditionally supported with liais…
Key concern: cannot guarantee potable water supply to additional developments due to capacity constraints
Douglas Borough Engineer
No ObjectionDouglas Corporation have no objection to the proposals listed below.
Isle of Man Water Authority
Conditional No ObjectionThe Authority considers the application to be premature as the Authority cannot at present guarantee to provide supplies of potable water; the Authority must register its objection to the application for the reasons set out above; The Authority would, however, be prepared to withdraw its objection subject to suitable conditions being imposed.
Conditions requested: No construction of the proposed dwellings shall commence until such time as the Isle of Man Water Authority gives notice in writing to the Committee that the Authority will within six months of the date of such notice have the capacity to provide to the proposed dwellings a supply of wholesome water sufficient for the domestic purposes of the proposed dwellings.
Borough of Douglas Drainage Services
Conditional No ObjectionDouglas Corporation acting as The Agent for the Department of Transport, under the Sewerage Act 1999 would request a deferral to the above application.; to date, we have not received drainage details as requested.; If the appeal hearing is in favour of the development, providing there is a condition which instructs the applicant to liaise closley with the Borough of Douglas Drainage Department with regard to foul and surface drainage we would lift our Deferral.
Conditions requested: providing there is a condition which instructs the applicant to liaise closely with the Borough of Douglas Drainage Department with regard to foul and surface drainage
Disability Access Office
No CommentApartment blocks should meet the following requirements.
Conditions requested: Where parking is provided, which includes provision for visitors then five percent of unassigned spaces should be designated for disabled parking.; The ground or primary entrance level should include at least one entrance that is accessible to an unassisted wheelchair user.; Any sanitary facilities provided which are accessible to the public should include a disabled toilet.; All public corridors should be of sufficient width and free from obstruction as to allow a wheelchair user to pass other users of the corridor.; The primary entrance to all apartments should be of sufficient width as to be accessible by an unassisted wheelchair user.; Where apartments and/or parking are provided over more than one level then a lift should be provided of sufficient dimensions as to allow an unassisted wheelchair user to enter, turn around and use the controls.
Department of Transport Highways Division
No CommentDoT Highways acknowledges receipt of the above application and will respond to the Secretary to the Planning Committee as soon as possible.
The original application (04/1618/A) for approval in principle to convert a 5-storey guest house into 5 apartments was refused by the Planning Committee solely due to lack of on-site parking and potential on-street congestion impacting road safety. The appellant argued that the site is in a mixed-use zone suitable for residential conversion, existing guest house use generates higher parking demand, Empire Terrace has adequate width and no restrictions, and similar conversions exist nearby. The Council and Department of Transport defended the refusal citing increased permanent parking demand from flats versus transient guest use, evening congestion, and future parking chaos from similar changes. The inspector concluded that resisting such conversions would inhibit beneficial reuse of sound buildings, contribute to housing needs, and conflict with policy encouraging conversions, outweighing parking concerns given the intractable nature of the issue. The appeal was allowed with a standard reserved matters condition valid for two years.
Precedent Value
This appeal sets precedent that parking constraints alone may not justify refusing conversions of obsolete guest houses to flats in urban Douglas areas with policy support for reuse and housing needs, even where on-street parking is the only option. Future applicants should prioritise policy alignment, comparative demand evidence, and street capacity assessments over proposing unfeasible on-site parking.
Inspector: Terrence Kemmann-Lane
