12 June 2018 · Planning Committee
Waterfall Hotel, Shore Road, Glen Maye, Isle Of Man, IM5 3bg
The site is the curtilage of the vacant Waterfall Hotel on Shore Road in the village of Glen Maye, Patrick parish, designated as Existing Predominantly Residential. The proposal involved full demolition of the existing two traditional-style cottages amalgamated into a public house and erection of a terrace of four two-…
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The Planning Committee overturned the officer's recommendation to permit, refusing solely because 'It has not been demonstrated, to the satisfaction of the Planning Committee that the premises are not…
Community Policy 4 of Isle of Man Strategic Plan 2007
Requires demonstration that loss of local public houses is no longer commercially viable or cannot be made so. Officer found applicant's evidence (failed operations, decay, village scale) sufficient on balance, but Committee not satisfied, leading to refusal. Tension over adequacy of anecdotal/financial proof vs objectors' calls for marketing/sale evidence.
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/design, not harm character/amenity/highways. Officer confirmed compliance: traditional terrace fits mixed village character, no overlooking (26m separation, no gable windows), adequate parking in owned car park, safe access.
Strategic Policy 1
Promotes best use of previously developed/redundant land. Officer noted site optimisation via redevelopment of vacant underused public house.
Strategic Policy 2 - Priority for new development to identified towns and villages
Favours development in existing villages. Site in designated Predominantly Residential zoning within Glen Maye village.
Strategic Policy 3 - To respect the character of our towns and villages
Protect/enhance village character using local materials. Revised design with chimneys, stone, slate accepted as fitting mix of traditional/modern.
Strategic Policy 10
Promotes integrated transport minimising car use. Highways confirmed no safety issues with car park provision.
No unacceptable effect on road safety or traffic flows subject to visibility splay condition
Now supports the application
Patrick Parish Commissioners objected to the demolition of the Waterfall Hotel and replacement with dwellings, citing loss of local amenity and overdevelopment; Highways Division did not oppose subject to a visibility splay condition; Senior Biodiversity Officer recommended a bat survey prior to demolition.
Key concern: loss of local amenity (hotel/pub) and setting wrong message to other owners
Patrick Parish Commissioners
ObjectionThe Commissioners resolved to OBJECT on the following ground; the proposal falls foul of parts (a), (b), (c) and (g) of General Policy 2 and should therefore be refused on this ground alone; The Commissioners continue to oppose the proposals however; OBJECT to the proposed change of use of the site
Patrick Parish Commissioners
ObjectionThey applaud the Applicant's attention to the objections raised by the Commissioners and other objectors and consider the design of the buildings now proposed represent an improvement.; would, if persuasive evidence were produced as to the lack of viability of the business, likely look less unfavourably on a proposal to convert the property to two cottages
Conditions requested: The former beer garden to be created as a children's play area. There is no such facility presently in Glen Maye.; Provision made in the car park for a Coach to turn and park for the benefit of the Manx National Glen. This may require the car park layout and dedicated spaces to be re-drawn
Department of Infrastructure (DOI) Highways Division
Conditional No Objection"Full visibility splays to the new dwellings would be achievable"; it is important that the 1m high close board timber fencing located between dwellings also slopes with the respective driveways so that visibility splays can be maintained; Highway Services does not oppose this application subject to the following condition
Conditions requested: Prior to any construction the access shown on drawing no 1732-PL03 dated October 2017 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter.
Senior Biodiversity Officer (DEFA)
Conditional No Objectionpre-1960 detached buildings to be demolished, that lie within 200m of woodland and/or water, should have a bat survey; any demolition should take account of the possibility of active bird nests, which can delay works
Conditions requested: bat survey before demolition; demolition to take account of possibility of active bird nests
The original application to demolish the vacant Waterfall Hotel and build four terraced dwellings was refused by the Planning Authority solely on the basis of loss of the hotel/public house without demonstrating non-viability under CP4. The appellant argued commercial unviability based on failed tenancies, accounts, building condition, and market changes, while proposing a traditional design compliant with other policies. The inspector found the design, living conditions, and parking acceptable but agreed with the Council that appellant's evidence lacked professional marketing proof, breaching CP4 decisively. The Minister accepted the inspector's recommendation to dismiss the appeal on 9 October 2018.
Precedent Value
This appeal sets a high bar for CP4 compliance: certified accounts and local efforts insufficient; professional marketing evidence essential for losing public houses/hotels. Future applicants must commission formal marketing campaigns targeting national/international interest.
Inspector: Brian J Sims
