4 August 2005 · Planning Committee on review
26, Windsor Road, Douglas, Isle Of Man, IM1 3lg
The proposal sought to convert the ground floor dining room and kitchen of a terraced house in a predominantly residential Conservation Area into a retail shop for tailoring and outfitting, operating Monday to Friday 10am-4pm mostly by appointment with minimal internal changes and a possible ramp for disabled access.
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The Planning Committee refused because the site is zoned Predominantly Residential on the Douglas Local Plan and lies within a Conservation Area; the introduction of retail use would conflict with the…
Douglas Local Plan (parking standards)
Zones the area for Predominantly Residential use; proposal introduces retail conflicting with zoning. Officer assessed as contrary, noting exclusive residential terrace and aspiration for residential redevelopment of prior mixed uses.
no adverse traffic impact
no objection provided written observations considered
Highways Division confirmed no adverse traffic impacts and no objection; Disability Access Office requested accessible entrance, doors, and layout provisions; Douglas Corporation objected due to poor parking provision; Fire Service recommended consultation on fire precautions; lo…
Key concern: poor parking provision in the area
Department of Transport Highways Division
No ObjectionNo adverse traffic impacts.; The development will generate additional waiting and parking of cars on the public highway. However, the hours of opening... will complement residents parking.
Disability Access Office
Conditional No ObjectionSize of Car Park | Number of Disabled spaces Up to 200 spaces | 5% of car park (min 3 spaces) Over 200 spaces | 4% of car park plus 4 spaces
Conditions requested: Where parking is provided provision should include a ratio of designated disabled parking places in line with the table below.; Entrance should be accessible to an unassisted wheelchair user.; Where there is full-length glass doors fitted they should be marked in some way at mid height to assist people with sight impairment.; It is preferable to have automatic doors but where this is not the case then the doors should not be so heavy as to require a pulling force exceeding twenty Newton's.; Inside layout should have sufficient aisle width as to allow an unassisted wheelchair user to manoeuvre.; All serving counters should contain at least one section suitable for wheelchair users.
Isle of Man Fire And Rescue Service
Conditional No ObjectionI RECOMMEND THAT THE APPLICANT CONSULTS THE FIRE SAFETY DEPARTMENT TO DISCUSS THE FIRE PRECAUTIONS.
Conditions requested: I RECOMMEND THAT THE APPLICANT CONSULTS THE FIRE SAFETY DEPARTMENT TO DISCUSS THE FIRE PRECAUTIONS.
Douglas Corporation
Objectionthe committee agreed to raise an objection to the application due to the poor parking provision in the area.
The original application (05/01004/C) for change of use of the ground floor of 26 Windsor Road, Douglas, to retail tailoring and outfitters was refused by the Planning Committee on grounds of conflict with the Predominantly Residential zoning in the Douglas Local Plan, adverse impact on the character of the Conservation Area, and additional parking/congestion on a principal traffic route. The appellant argued the use would be limited (appointment-based, Mon-Fri 10am-4pm, no Saturday opening), minimal external changes, no highway issues, and existing commercial uses nearby. The Council defended the refusal emphasizing protection of residential character, recent residential redevelopment opposite, and potential for further non-residential creep with impacts on conservation area appearance from signage etc. The Inspector found the proposal would harm the conservation area's character despite limited scale, exceeding permitted home working, and recommended dismissal due to spread of retail into exclusively residential terrace. The Minister agreed and dismissed the appeal on 28 February 2006.
Precedent Value
This appeal demonstrates that even very limited retail in residential conservation areas will be resisted if it risks spreading non-residential creep into uniform residential terraces; future applicants should emphasise permitted development compliance and avoid any signage/activity changes.
Inspector: Andrew D Kirby
