17 July 2020 · Planning Committee
Flat 1, Cherry Orchard Apartments, Bridson Street, Port Erin, Isle Of Man, IM9 6an
The proposal involved converting 25 existing tourist apartments (8 one-bedroom and 17 two-bedroom) within the Cherry Orchard aparthotel complex to permanent residential use, with no external alterations.
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The proposal was refused primarily because it conflicted with the site's Tourism (Hotel) designation under Tourism Proposal 1 of the Area Plan for the South 2013, as the applicant failed to fully demo…
Tourism Proposal 1 of the Area Plan for the South 2013
Requires retention of identified hotels including Cherry Orchard unless commercial viability of hotel use is demonstrated as no longer possible. Officer assessed applicant viability evidence (financial losses, marketing history, tribunal impacts) but found it insufficient (not by qualified practitioner, no professional marketing/renovation proof), despite DfE acceptance; Planning Inspector's support for policy to retain southern hotels outweighed evidence.
Recreation Policy 3
Requires new residential development of 10+ dwellings to provide recreational/amenity space per Appendix 6 standards (1472 sq m here). Site constraints make on-site provision impossible; applicant argued policy for 'new development' not conversions but officer disagreed as change of use constitutes development; no commuted sum provided despite precedent suggestions.
Housing Policy 5
Requires 25% affordable housing (6.25 units) for 8+ dwellings, defined as direct provision meeting specific schemes (excludes leaseholds). Leasehold units not qualifying but DOI Estates proposed S13 commuted sum on sales uplift (£120k/£140k thresholds), making compliant via agreement.
Strategic Policy 1
Requires efficient site use including access, landscaping, open space, amenity. Parking/amenity accepted after amendments despite neighbour concerns.
Transport Policy 7
Requires parking per Appendix 7 standards (relaxable in village centres). 80 spaces sufficient post-amendments for 79.5 required, with cycle parking condition; central location aids relaxation.
In support of the application
No recommendation for commuted sum as units likely affordable by value; later provided figures for potential S13 commuted sum on uplift
Do not oppose subject to condition for bicycle parking
Multiple statutory consultees including Visit Isle of Man, Highway Services, Port Erin Commissioners, and Public Estates and Housing Division raised objections primarily concerning loss of tourism accommodation, insufficient car parking, and affordable housing requirements; a resident representation also opposes the application.
Key concern: insufficient on-site car parking provision
Visit Isle of Man
Objection‘The following hotels have been identified as important to tourism and must be retained for hotel use: the Castletown Golf Links; the Sefton Express Airport Hotel; the Cherry Orchard; and the Falcon’s Nest Hotel. Proposals for redevelopment or re-use will not be permitted unless it can be demonstrated that hotel use is no longer commercially viable’; We are not able to comment specifically on the economic viability of the Cherry Orchard as the application lacks any evidence in this respect
Department of Infrastructure Highway Services
Objectionprovision of less than 1 space per dwelling would not be acceptable; Recommendation: O (Objection)
Conditions requested: Confirm total numbers of existing 1 bedroom and 2 bedroom dwellings; Confirm numbers already changed to permanent residential; Confirm numbers in current application; Provide plan at suitable scale (1:200 or 1:250) showing at least 1 space per 1-bed and 1.5 average per 2-bed; Indicate secure covered cycle parking (at least 1 space per dwelling)
Port Erin Commissioners
ObjectionThe Board still believes that there is insufficient car parking provision to provide for the requested change of use of 25 apartments from tourist to residential accommodation; a change of use would be a loss of valuable tourist accommodation
Port Erin Commissioners
ObjectionThe Board believes that there is insufficient car parking provision to provide for the requested change of use of 33 apartments from tourist to residential accommodation
Department of Infrastructure Public Estates and Housing Division
Conditional No Objectionthe Department does not support the sale or letting of apartments to first-time buyers or public sector tenants where the apartments are leasehold
Conditions requested: Section 13 Agreement for Commuted Sum of 25% of difference between Open Market Selling Price and prescriptive prices (£140,000 for 2-bed, £110,000 for 1-bed) for any/all units sold above these prices
Department of Infrastructure Public Estates and Housing Division
Conditional No ObjectionConditions requested: Section 13 Agreement with the Department to provide a Commuted Sum in lieu of Affordable Housing, based upon 25% of the number of units approved
The original application for change of use of 25 tourist apartments to residential was refused by the Planning Committee on 13 July 2020 for two reasons: conflict with Tourism Proposal 1 of the Area Plan for the South 2013 due to inadequate demonstration of non-viability of tourism use, and lack of public open space contrary to Recreation Policy 3 of the Isle of Man Strategic Plan 2016. The appellant argued non-viability of both hotel and self-catering uses, citing financial losses, Rent and Rates Tribunal directions, loss of facilities like pool and kitchen, DfE acceptance of non-viability, and strong residential demand. The council defended refusal emphasizing lack of independent professional viability assessment, referencing Waterfall Hotel precedent, and need for open space commuted sum. The inspector found the principle acceptable only if tourism non-viability clearly demonstrated but evidence inadequate without focused professional assessment on the 25 units; parking, affordable housing via S13, and bins acceptable, open space inappropriate for existing building. Appeal recommended dismissed.
Precedent Value
Sets high evidential bar for tourism loss on designated sites: requires independent professional viability assessment with marketing evidence, not just applicant accounts/DfE views. Future applicants must commission focused reports by qualified practitioners demonstrating non-viability beyond applicant-specific issues.
Inspector: Brian J Sims BSc(Hons) CEng MICE MRTPI
