19 September 2005 · Minister for Local Government and the Environment
Pipe Factory, Tent Road, Laxey, Isle Of Man, IM4 7db
The proposal involved refurbishing and altering a landmark 4-storey former Pipe Factory building in Laxey to create small office-based incubator units under DTI control, accommodating up to 30 people.
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The proposal was accepted as it aids preservation of a landmark building of architectural interest through suitable reuse as a business incubator, with alterations enhancing its character without sign…
Policy UCOMM/PR/3 (office use in existing buildings)
Permits office use in existing buildings outside mixed-use areas if architecturally interesting, aids renovation, adequate parking available, no amenity detriment, no significant character change. Assessed compliant: landmark building preserved via reuse; off-site parking sufficient; no unacceptable neighbour harm; enhancements to appearance.
Policy UCP/PR/3 (car parking in commercial development)
Requires adequate parking for workforce/visitors, considering on-street availability. Satisfied via condition securing 20 spaces (relaxation from standard), achievable in nearby DoT/Commissioners land despite limited on-site space.
Policy UCRB/PR/5 (registered buildings)
Names building for registration assessment. Proposals consulted with Conservation Officer; internal changes acceptable as previously altered; external sympathetic, aids preservation without formal registration yet.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to drawing no. P01 date stamped the 13th December 2004 and drawing no. P03 rev. B date stamped the 9th March 2005.
Car parking scheme
The use of the building shall not commence until details of a scheme to provide for and secure a minimum of 20 dedicated car parking spaces has been submitted to and approved by the Planning Authority.
Surface water drainage
There must be no discharge of surface water (including that from roofs and paved areas) from the development to any foul drainage system(s).
Use restriction
This approval is for the purposes of a start-up centre for small businesses under the control of the Department of Trade & Industry.
no traffic impact subject to condition requiring parking provision before occupation
no objection to use, parking resolvable via Shore Road dedication/employee restriction; residential conversion worse
acceptable subject to flexible parking condition after DoT consultation
Society Planning Applications Notes indicates no objection to application 04/02575/B; DoT Highways raises parking concerns with initial objection; multiple public representations raise parking, access rights, and heritage issues but no formal statutory consultee objections beyond highways.
Key concern: insufficient parking for up to 30 occupants
Society Planning Applications Notes
No ObjectionFine (will there be ‘chicks’ in the Incubator Units?!)
Department of Transport Highways (K C Ashcroft)
ObjectionDoT Highways has requested a Transport Assessment; the response falls short of the details required in a Transport Assessment; hardened into an objection by letter dated 28th February
The original application for refurbishment and alterations to the former Pipe Factory was approved by the Planning Committee on 9 September 2005 subject to conditions, including Condition 3 requiring 15 dedicated spaces in front of the building; following review on 11 November 2005, it was approved on 18 November 2005 with Condition 3 amended to require 20 spaces in Shore Road Car Park. DTI appealed the precise wording of Condition 3 as unworkable, proposing flexible provision across nearby sites; Mr Kinnish appealed seeking to retain 20 spaces but specifying locations, prohibiting lane parking, capping employees at 30, and restricting hours. The inspector agreed 20 spaces reasonable, found sufficient nearby provision possible via negotiation, rejected Kinnish's additional restrictions as unreasonable or non-planning matters, and recommended modified Condition 3 requiring a submitted scheme for 20 spaces plus a use-limiting condition. Appeals were allowed with these modifications.
Precedent Value
Appeals can successfully modify imposed conditions on granted permissions if shown unworkable, favouring flexible 'scheme approval' wording; inspectors reject non-enforceable restrictions and prioritise building preservation in suitable uses with adequate (relaxed) parking evidence.
Inspector: Terrence Kemmann-Lane
