16 May 2016 · Senior Planning Officer (Sarah Corlett)
Home Run Pizza, 44, Broadway, Douglas, Isle Of Man, IM2 4ew
The proposal involves converting the upper floors of three terraced retail units (pizza delivery and funeral director on ground floor) into three apartments: two two-bedroom units and one studio in the roof space, with window replacements and rear yard alterations including landscaping and cycle parking.
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The officer concluded the proposal complies with the site's predominantly residential zoning and a very similar scheme was recently approved under PA 15/01047/B, attaching significant material weight …
General Policy 2
Requires development in zoning to respect site/surroundings in siting, scale, design; not adversely affect townscape, amenity, highways, or Conservation character. Officer assessed proposal meets criteria as residential use fits zoning, minimal visual changes preserve street scene, conditioned amenities ensure resident standards, and highways relaxed due to location.
Housing Policy 17
Permits flat conversions in residential areas if adequate amenity space, pleasant outlook from principal rooms, and parking if practical. Officer confirmed via site visit that rear yard with landscaping provides outlook for studio; width reduced but area appropriate; condition requires yard works including bin/cycle storage before occupation.
Environment Policy 35
Permits only development preserving/enhancing Conservation Area character. Assessed rear alterations not visible from street, front window replacement acceptable as non-original; overall preserves/enhances area character despite being in Conservation Area.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Rear yard alterations
Prior to the occupation of the new apartments hereby approved, all alterations to the rear yards, including landscaping, planters, rear boundary wall, paving, improvements to yard walls, bin provision, motorcycle/cycle parking as shown in drawing P02 REV C is required to be completed and retained thereafter and available for use by all occupants of the apartments. Reason: The application is only deemed acceptable with the provision of cycle parking and improvements to the rear yards to ensure the outlook and living standards of the occupants of the apartments is acceptable.
No objection; mindful of limited on-road parking but applicant provides for motorcycles/bicycles; would consider future applications individually
Douglas Borough Council has no objection to the proposal. DOI Highways Division does not oppose subject to condition.
Douglas Borough Council
No ObjectionDouglas Borough Council has no objection to the proposals.
Department of Infrastructure (DOI) Highways Division
Conditional No ObjectionDo not oppose with condition/comment; DNOC; Do not oppose subject to condition
The original application (16/00324/B), an amendment to prior approval 15/01047/B, sought to convert upper floors of commercial units into three apartments (two 2-bed, one 1-bed studio) with rear yard improvements including cycle parking and landscaping. The Planning Authority approved it under delegated powers citing compliance with land use zoning, minimal visual impact in the conservation area, adequate future occupant amenities, and relaxed parking standards due to central location. Third party Dusk Limited (neighbouring owner at 42 Broadway) appealed claiming overdevelopment, poor outlook for studio apartment, low ceiling heights, occupancy concerns, and access issues over their land. The inspector, following a public inquiry on 7 September 2016 and site visit, assessed conservation impact, living conditions, and parking; found the proposal acceptable on all counts, giving material weight to the prior approval; recommended dismissal of the appeal; the Minister concurred on 29 September 2016, upholding approval with conditions.
Precedent Value
This appeal confirms approvals for residential conversions in mixed-use central areas can be upheld against neighbour challenges if policy-compliant, with prior permissions carrying strong weight; applicants should prioritise cycle parking and landscaping to address amenity, while appellants must focus on material planning harms rather than civil disputes.
Inspector: Ruth V MacKenzie BA(Hons) MRTPI
