11 February 2004 · Minister for Local Government and the Environment (decision by Chief Executive by order of the Minister, following appeal against Planning Committee refusal)
14, Mona Street, Douglas, Isle Of Man, IM1 2qd
The proposal involved converting a three-storey terraced house in central Douglas into three self-contained apartments (two 1-bed, one 2-bed), demolishing rear outbuildings to create two off-street parking spaces accessed from a rear service road, and internal refurbishment.
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The Minister considered the Inspector's report recommending refusal but disagreed, finding the two on-site parking spaces acceptable given the town centre location where parking demand is high but on-…
Isle of Man Planning Scheme (Development Plan) Order 1982 - availability and capacity of mains water supply
Requires assurance of mains water availability before approving new development. Water Authority objected due to Glencrutchery works limitations, but Minister found brownfield conversion's minimal added demand acceptable given existing connection.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Parking completion
The proposed parking area must be completed and available for use before any of the flats is occupied.
Approved plans
This approval relates to drawing number 03/04/01 which is date stamped 2nd December 2003.
no objection
consult Fire Safety Department re Fire Precautions (Flats) Regulations 1996; no objection implied
Isle of Man Water Authority objected due to insufficient water supply capacity in the Glencrutchery zone; DOT Highways objected due to inadequate parking provision; numerous residents and an MHK objected primarily on parking and conservation grounds; Fire Service and Douglas Corporation had no new objections at review.
Key concern: Insufficient water supply capacity in Glencrutchery zone
Isle of Man Water Authority
Conditional No ObjectionThe Authority considers the application to be premature as the Authority does not at present have the capacity to supply the proposed development with potable water; The Authority would, however, be prepared to withdraw its objection subject to suitable conditions being imposed
Conditions requested: No construction of the proposed dwellings shall commence until such time as the Isle of Man Water Authority gives notice in writing to the Committee that the Authority will within six months of the date of such notice have the capacity to provide to the proposed dwellings a supply of wholesome water sufficient for the domestic purposes of the proposed dwellings
DOT Highways
ObjectionThe 2 parking spaces to be provided does not reconcile the parking needs for 3 apartments, resulting in further on-street parking in an area where parking is at a premium
Isle of Man Fire and Rescue Service
No CommentI do not require to appear at the review hearing provided that the previously submitted written observations made on my behalf are taken into consideration
Douglas Corporation
No CommentI do not wish to add to the comments already submitted on behalf of Douglas Corporation
The original application for conversion of a dwelling at 14 Mona Street, Douglas, to three apartments, demolition of outbuildings, and creation of two rear parking spaces was initially approved by the Planning Committee but refused on review due to insufficient parking leading to on-street congestion and road safety issues, with a note on water supply capacity. The appellant argued compliance with regulations, existing conversions in the area, adequate parking relative to prior use, and benefits for affordable housing. The inspector identified main issues as parking sufficiency for road safety and mains water availability under Article 11 of the 1982 Order, concluding both were deficient based on site observations and Water Authority evidence, recommending dismissal and an additional refusal reason. However, the decision-maker rejected the inspector's recommendation, noting the town centre context made two on-site spaces reasonable and water demand would not significantly increase with an existing connection, upholding the appeal and permitting the development.
Precedent Value
This appeal demonstrates that ministerial override of inspector recommendations can succeed in town centres where infrastructure constraints are viewed flexibly, particularly with existing services. Future applicants should emphasise urban context and secure utility pre-agreements to counter statutory objections.
Inspector: David G Hollis
