2 November 2005 · Minister for Local Government and the Environment
Flat 1, 42, Broadway, Douglas, Isle Of Man, IM2 4ew
The proposal involved converting the ground floor of a three-storey Victorian former bakery building directly on Broadway into a restaurant with ancillary space at lower ground level, and altering the upper floors into two self-contained apartments.
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The Inspector noted the proposed uses (restaurant and flats) were acceptable and the building needed refurbishment for suitable reuse. Key issues were rear environment/amenity and parking.
Housing Policy 17
Permits conversion of buildings to flats in residential areas if adequate space for amenity/parking, pleasant outlook from principal rooms, and parking on-site or via traffic strategy. Officer/Committee found rear environment poor and no off-street parking, failing tests; Inspector found front outlook pleasant, rear improvable by condition, parking impractical but occupiers aware, thus sustainable.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Rear environmental and acoustic improvements
Prior to the first occupation of any part of the development hereby approved, a scheme which shows environmental improvements to the rear access, and the acoustic separation of the access deck area to the upper flat from the residential accommodation below, shall be submitted to and approved by the planning authority. The approved scheme shall be implemented in full before the first occupation of either of the flats.
no requirement to appear at review provided prior observations considered; recommend consultation on fire precautions
no objection subject to conditions
Highways Division and Douglas Corporation objected due to parking concerns and congestion; IoM Water Authority requested a standard condition for water supply connection; Fire Service recommended consultation on fire precautions.
Key concern: increased demand for on-street parking without adequate provision
IoM Water Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; For a change in the supply to a premises (domestic or commercial) the applicant should contact the IoMWA Byelaws Inspector, tel. 69 59 57
Department of Transport Highways Division
ObjectionAdditional information is required to substantiate the reduced demand for on street parking statement made in the application; A preliminary assessment of the proposals indicates four spaces will be required for the business and three for the ancillary accommodation; the Department of Transport must oppose planning applications which will intensify the demand for on street parking
Department of Transport Highways Division
ObjectionOn 27 September 2005 the Department of Transport Highway Division requested a deferral... To date the applicant has not provided this information; The Departments initial assessment of four spaces for the business and three for the ancillary accommodation
Douglas Corporation
Objectionthe committee agreed to raise an objection to the application on the following grounds- 1. no parking is available, in an already congested area.
Isle of Man Fire and Rescue Service
Conditional No ObjectionI recommend that the applicant consults the fire safety department to discuss the fire precautions. Part of this proposal will fall within the scope of the fire precautions (flats) regulations 1996.
Conditions requested: applicant consults the fire safety department to discuss the fire precautions
The original application (05/01587/B) for conversion of 42 Broadway, Douglas, to a ground-floor restaurant and two upper-floor apartments was refused by the Planning Committee on 28 October 2005 (confirmed on review 16 December 2005) due to no off-street parking adding to congestion and poor access/environment for the flats. Appellants argued the Victorian building's historical bakery use generated more traffic without parking issues, cited Strategic Plan Policy 17 encouraging conversions with pleasant outlooks and amenity space where practical, and noted rear access was original design with potential for improvement via roof deck and planters. Council and Highways Division defended refusal emphasizing increased parking demand from restaurant (longer stays, evening peak) and two flats in a congested primary distributor area. Inspector found proposed uses acceptable, rear environment improvable via conditions (environmental enhancements and acoustic separation), and lack of off-street parking a difficult but finely balanced issue outweighed by benefits of reusing the building for residential above shop; recommended allowance, agreed by Minister on 10 June 2006.
Precedent Value
This appeal sets precedent that in constrained urban Victorian sites, lack of off-street parking need not prohibit restaurant/residential conversions if policy-compliant via conditions and reuse benefits outweigh congestion impacts; future applicants should prioritise conditionable amenity improvements and policy citations over rigid parking provision.
Inspector: Terrence Kemmann-Lane
