21 November 2007 · Deputy Minister for Local Government and the Environment (E G Lowey MLC) following appeal inspector report
3, Harris Terrace, Douglas, Isle Of Man, IM1 3lz
The proposal involved converting Kingswood House, a three-storey building previously used as offices, a clinic, and day centre, into a temporary night shelter for homeless adult men, providing a maximum of 8 beds and 1 staff bed on the ground floor, operating only from 9pm to 8:30am for six months with no alcohol or dr…
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The officer assessed that the temporary six-month use would introduce limited evening/morning activity (9pm-10pm arrivals, 6:30-7:15am breakfast, all out by 8:30am) in a building previously used for c…
General Policy 2
Requires development to respect residential amenity and character. Officer tested against proposed activity levels in mixed-use residential area with prior non-residential history, finding temporary limited hours acceptable without proven harm.
Time limit for implementation
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.
Approved plans
This approval relates to Drawing number 01 and Memorandum of Operation, submitted as part of this application and date stamped 22nd October 2007.
Temporary period
The proposed use of the building as a night shelter is for a period of six months ending on the 30th April 2009.
Liaison committee
That the use of the building as a night shelter shall not commence until a local liaison committee has been set up in accordance with a scheme to be submitted to and approved in writing by the Planning Authority.
Access restriction
For the avoidance of doubt, access to the facility by 'Service Users' must be via the front, Harris Terrace entrance only. The use may operate between the hours of 2100 and 0830hrs, Monday to Sunday inc.
Food/drink restriction
That food and drink may only be provided to staff and those service users accommodated in the shelter for the night following the evening period of food and drink provision, and for the night prior to the morning period of food and drink provision.
Ideal temporary facility to address homelessness; prior uses caused minimal disturbance; volunteers/management will prevent issues as at Alpha Centre
backs plans; supporting volunteers; no issues at existing facilities
The original application by the Department of Health and Social Security for a six-month temporary change of use of Kingswood House to a night shelter for up to 8 beds plus 1 staff bed was approved by the Planning Committee on 21 November 2007 subject to conditions. Residents (Mrs A Clark and Mrs V Williams, represented by Mrs B Cannell MHK) appealed, arguing potential noise, disturbance, loitering, litter, and harm to residential amenity and historic character from queuing homeless individuals, past clinic problems, and inadequacy for demand. The Planning Authority defended approval citing mixed uses, temporary nature, and management measures. Third parties including Ellan Vannin Home objected on safety grounds for vulnerable elderly residents. The inspector held a public inquiry on 1 April 2008 after a site visit, acknowledged resident fears and potential disturbance but gave significant weight to homelessness need, recommending dismissal of the appeal with variations: a local liaison committee, cessation by 1 May 2009, and clarified food provision. The decision confirmed this on 2 May 2008.
Precedent Value
Demonstrates that proven social need can override amenity objections in mixed urban areas if temporary and conditioned with monitoring; future applicants should provide operational management evidence, comparable site precedents, and accept liaison committees to mitigate fears.
Inspector: David Ward BSc(Hons) CEng MICE FIHT
