14 September 2004 · Minister for Local Government and the Environment
Shop, 2, Southview, Queens Promenade, Douglas, Isle Of Man, IM2 4np
The site is a 4-storey semi-detached Victorian building in the Douglas Promenades Conservation Area, previously used as a restaurant/takeaway on the ground floor (now vacant) with a dwelling above.
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The Inspector noted the building's disuse was causing deterioration in a Conservation Area and recommended prompt residential reuse.
Douglas Local Plan Policy DnLRJP1A
Applies to Douglas Promenades Conservation Area zoned tourism/residential; supports change of use to residential including apartments, but no demolition/rebuilding or facade alterations. Officer/Inspector confirmed proposal fits as internal conversion preserving building.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Reserved matters
This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
no objection
supports due to recent area transformation releasing kerbside parking, adjacent restaurant with flats using on-street parking, no shortage for proposal
Douglas Borough Council had no objection to the proposal. Isle of Man Water Authority objected due to inability to guarantee water supply but offered conditional withdrawal. DOT Highways objected due to lack of on-site parking exacerbating street parking issues.
Key concern: cannot guarantee potable water supply due to capacity constraints
Douglas Borough Council
No ObjectionDouglas Corporation have no objection to the proposals listed below.
Isle of Man Water Authority
Conditional No ObjectionThe Authority must register its objection to the application for the reasons set out above.; 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
ObjectionObjection:; exacerbates parking on the Promenade.
The original application (04/1446/A) for approval in principle to convert the building into 4 apartments was refused solely due to parking concerns, with the council arguing it would generate demand for at least 4 spaces exacerbating congestion and road safety issues. Appellants argued that the proposed residential use would generate less parking demand than the previous restaurant and dwelling, ample on-street parking exists, and area changes post-Summerland closure have reduced demand. The inspector found no evidence of congestion or safety issues, noted abundant parking on site visit, and concluded residential use preferable to leaving the building vacant in the Conservation Area. The Minister accepted the inspector's recommendation to allow the appeal with conditions for reserved matters.
Precedent Value
Demonstrates that lack of hard evidence on parking congestion/safety trumps highway objections, especially when proposal reduces demand vs prior use. Future applicants should prioritise site visits, prior approvals as comparators, and actual observations over speculative future strategies.
Inspector: Michael Hurley
