6 November 2012 · Minister for Infrastructure - via Chief Executive I T Thompson
Viking Longhouse Shop 2, Mariners Wharf, East Quay, Peel, Isle Of Man, IM5 1ar
The proposal involved converting an existing vacant ground floor retail unit within the 5-storey Viking Longhouse building on Peel's East Quay into a 2-bedroom residential dwelling. External changes included replacing shop double doors facing the harbour with a matching window, enlarging a side door for access, and rep…
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The site is in a Mixed Use area per Peel Local Plan 1989 with no policy requiring ground floor retail retention; loss of one unit would not materially affect mix.
Mixed Use zoning in Peel Local Plan
Designates site for mixed uses; no requirement to retain ground floor retail/commercial. Officer/inspector assessed loss of one unit would not materially affect balance; no Strategic Plan policies cited requiring retention.
Approved drawings
This permission relates to the conversion of the retail unit to a dwelling, as shown in drawings 100 and 01 both received on 20 July 2012.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Drawing corrections
The approval of Drawing No. 100 is subject to the following corrections to that drawing: (i) the reference to 'Proposed first floor plan' should refer to 'Proposed Ground floor drawing'; and, (ii) the reference on the proposed floor plan to a 'new tilt and turn escape door' should refer to a 'new tilt and turn window' to accord with the reference on the 'proposed north elevation'.
Flood barriers
Prior to the commencement of the development a scheme shall be submitted to, and approved in writing by, the Planning Authority containing details of the 'Flood Defender single door barriers' which the Flood Risk Assessment stated are to be positioned on all external doors to minimise the risk of flooding. These barriers shall be provided in accordance with the approved details prior to occupation of the unit as residential accommodation.
RECOMMENDED FOR APPROVAL
Do not oppose has no traffic management, parking or road safety implications
No Objection: Flood Risk Assessment for tidal flooding is acceptable
Planning application 12/01032/B for conversion of a vacant retail unit to a 2-bedroom residential unit was approved by the Planning Authority. Mr T Ferrer, owner of an adjacent parking space, appealed on grounds that a proposed 'tilt and turn escape door' on the north elevation would open onto his parking space, potentially causing obstruction, damage, legal issues, and impeding Building Regulations compliance. The appellant argued this constituted material planning concerns, while the Planning Authority and applicant maintained these were civil/private matters outside planning control, with the 'escape door' label being a drawing error. The inspector held a public inquiry, found no policy objections in the Mixed Use designation, deemed appellant's concerns non-material to planning, and recommended dismissal with two additional conditions to correct drawing errors and secure flood barriers. The Minister accepted the recommendation on 15 March 2013, upholding approval subject to four conditions.
Precedent Value
This appeal confirms that neighbour concerns over private legal rights (e.g. leasehold access), potential civil disputes, or Building Regulations compliance do not constitute material planning considerations. Future applicants should ensure drawing accuracy and proactively address site-specific risks like flooding via conditions to secure approvals in historic/town centre locations.
Inspector: Stephen Amos MA (Cantab) MCD MRTPI
