26 May 2006 · Minister for Local Government and the Environment
Port Erin Imperial Hotel, Promenade, Port Erin, Isle Of Man, IM9 6lh
The proposal involved demolishing the existing semi-derelict Imperial Hotel and replacing it with two blocks: a main 5-storey plus roofspace building with a tower alongside the Promenade (13 apartments) and a smaller 4-storey rear block (8 apartments), providing 33 parking spaces at a ratio of 1.57 per unit.
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The Minister considered the Planning Appeals Inspector's report but did not concur fully, agreeing with paragraph 40 that 'The scale of the proposed building would be such that it would be dominant in…
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the erection of two buildings together with landscaping, access and car parking all to replace the existing Imperial Hotel, all as shown in drawings reference SC783/P/10-03, -10-04, -12-04 and -12-05 received on 27th January 2006, SC783/C/10-01A, -10-02A and -12-03A received on 21st February 2006, SC783/C/10-01B, SC783/P/11-01 and -12-02B all received on 23rd March 2006 and SC783/P/12-01B received on 3rd April 2006.
Landscaping implementation
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Materials approval
Prior to the commencement of works on site samples of: the roofing material, which must be slate or a high quality imitation thereof; the window opening styles and frame sections; and the material and sectional details of the balcony railings and supporting columns must be approved by the Planning Authority.
Parking provision
Prior to the occupation of any of the apartments, the parking spaces associated with each apartment must be set out as shown in the approved plans and be available for use.
No objection to revised plans subject to minimum dust, no works 16-20 Aug 2006 (viola competition), maintain side parking access
Approved amended plans; more visually attractive than PA 04/2180/B; reservations on height withdrawn after height comparisons
Initial deferral for visibility splay; concerns overcome by tower rounding providing 2m x 12m splay for 20mph
No objection; consult Fire Safety re Fire Precautions (Flats) Regs 1996
No objection; standard notes for multi-unit water connections
No objection; recommendations for disabled parking/access/lift etc.
No objection; comply with Housing (Flats) Regs 1982; prior demolition direction
Private representations include objections from neighbouring Erin Court Management Company Limited on height, overlooking windows, and parking, countered by applicant response; IoMWA requests water supply connection condition; Highways Division confirms no objection after design amendments provided required visibility splay.
Key concern: excessive height of the 13 apartment block dominating the Port Erin skyline
IoMWA
Conditional No ObjectionFor connections that comprise more than a single connection to a water main or service... contact the IoMWA Planning and Projects Section, tel. 69 59 58; For connections to Flats and Apartments the following apply - "Water Supply To Flats And Apartments – Regulations", and if applicable a "Form Of Undertaking In Respect Of Supply Pipes" will be required
Conditions requested: applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws
Department of Transport Highways Division
No ObjectionThe rounding of the tower on the south-west corner of the rear building has provided the 2 metre by 12 metre visibility splay onto the privately owned lane, which provides the minimum stopping sight distance for vehicles travelling up to 20 miles per hour. This change in design overcame the concerns the Department of Transport Highways Division had with this proposed development.
The original application 06/00147/B for erection of 21 apartments in two blocks with parking to replace the existing hotel was permitted by the Planning Committee on 25/05/2006 despite objections from Erin Court Management Ltd on height, width, overlooking and parking disturbance. The appellant argued the proposal exceeded the existing hotel and prior approvals in height and bulk, would overpower Erin Court, infringe privacy due to closeness, and cause disturbance from rear parking, rejecting comparison to a prior approved scheme (04/2180/B) as a benchmark. The applicant and Planning Authority defended the scheme as an improvement over the prior approval with similar eaves heights, minimal overlooking due to window angles and sea views, reduced disturbance via front access and landscaping, and public acceptance including from Port Erin Commissioners. The inspector found comparison to the prior approval valid as a fallback, accepted minimal overlooking and disturbance impacts, acknowledged potential overpowering but deemed not grounds for refusal given the fallback, and noted no public objection to visual effects despite some sympathy for skyline concerns. The inspector recommended dismissal of the appeal.
Precedent Value
Prior site-specific approvals powerful fallback; objectors must show new scheme materially worse, not just preferences. Height measured at eaves/relevant sightlines from neighbour key; public silence indicates acceptance of visual changes.
Inspector: David Ward
