21 September 2004 · Minister for Local Government and the Environment
12, Empire Terrace, Douglas, Isle Of Man, IM2 4le
The proposal was for approval in principle to convert the existing 5-storey guest house known as 'Craigwell' into 5 apartments, one per floor, without on-site parking provision. The site is on Empire Terrace, a one-way street behind the Castle Mona in Douglas, zoned for tourism, residential, and office use.
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The Planning Committee refused due to parking: 'Use of building as five flats would generate a demand for at least five parking spaces; on-site parking space is not practical and on-street parking wou…
Housing Policy 14
Permits conversion of buildings into flats in residential areas if adequate space for drying, refuse, amenity, and if practical car parking is provided, plus pleasant outlook from principal rooms. Officer noted on-site parking impractical but street width (7.55m) and one-way nature allow safe on-street parking; appellant argued compliance met.
Douglas Local Plan Policy DITLRJP3
Supports change of use of obsolete tourism buildings to residential/offices; Department of Transport concerned about parking precedent for multiple conversions, but inspector found no policy inhibition on conversions.
Reserved matters approval
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 objections
acknowledges receipt of application
acceptable subject to conditions including accessible entrances, lifts, corridors, and disabled parking if provided
The original application (04/1618/A) for approval in principle to convert a 5-storey guest house into 5 apartments was refused by the Planning Committee solely due to lack of on-site parking and potential on-street congestion impacting road safety. The appellant argued that the site is in a mixed-use zone suitable for residential conversion, existing guest house use generates higher parking demand, Empire Terrace has adequate width and no restrictions, and similar conversions exist nearby. The Council and Department of Transport defended the refusal citing increased permanent parking demand from flats versus transient guest use, evening congestion, and future parking chaos from similar changes. The inspector concluded that resisting such conversions would inhibit beneficial reuse of sound buildings, contribute to housing needs, and conflict with policy encouraging conversions, outweighing parking concerns given the intractable nature of the issue. The appeal was allowed with a standard reserved matters condition valid for two years.
Precedent Value
This appeal sets precedent that parking constraints alone may not justify refusing conversions of obsolete guest houses to flats in urban Douglas areas with policy support for reuse and housing needs, even where on-street parking is the only option. Future applicants should prioritise policy alignment, comparative demand evidence, and street capacity assessments over proposing unfeasible on-site parking.
Inspector: Terrence Kemmann-Lane
