8 February 2012 · Development Control Manager (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
Warehouse And Store, Falcon Cliff Terrace Lane, Douglas, Isle Of Man, IM2 4ax
The proposal sought permission for the ongoing use of a 290.7m² warehouse as a martial arts club with classes mainly on weekday evenings (6:30-9:30pm) and Saturdays (11am-3pm), accommodating up to 15-16 participants. The site is in a predominantly residential area accessed via a narrow unadopted lane.
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The proposal failed Transport Policy 4 and General Policy 2 of the Isle of Man Strategic Plan 2007 because the site offers only 9 usable parking spaces (after Highways Division recalculation of submit…
General Policy 2
Requires development to respect amenity of surrounding area. Officer assessed the martial arts club use would harm residential amenity through increased traffic/parking congestion in evenings, failing the policy despite noise not being a nuisance.
Transport Policy 4
Requires highway to safely accommodate generated traffic. Failed due to shortfall in parking (9 usable spaces vs 18 required at 1 per 15m² GFA) and narrow lane unable to handle drop-offs/pick-ups without prejudicing safety and flow.
Strategic Policy 1
Listed as relevant but not specifically tested in reasoning.
Transport Policy 7
Listed as relevant but not specifically tested in reasoning.
no objection to the proposals
The original application 11/01622/C for retrospective change of use of a warehouse to a martial arts club was refused by the Development Control Manager on 8 February 2012 primarily due to inadequate parking leading to increased traffic and on-street parking in a congested residential area, contrary to General Policy 2 and Transport Policy 4 of the Isle of Man Strategic Plan 2007. The appellant argued the club was a niche activity requiring fewer parking spaces, offered control over student parking, suggested alternative parking areas, and proposed concessions like class time restrictions and participant limits. The council defended the refusal citing Highways Division objections on parking shortfall and congestion. The inspector found the access lane unsafe for drop-offs and pick-ups, especially for children, and the building likely to cause noise disturbance despite Environmental Protection Officer comments, recommending dismissal. The Minister accepted the recommendation on 21 May 2012, confirming the refusal.
Precedent Value
Appeals must demonstrate safe access for all generated traffic, not just parking numbers; niche uses still follow standard parking requirements; temporary tenancies weaken mitigation promises due to lack of investment incentive.
Inspector: Ruth V MacKenzie BA(Hons) MRTPI
