3 February 2022 · Planning Committee
4, Windsor Terrace, Douglas, Isle Of Man, IM1 3lu
The proposal involves converting a single-storey garage (approx. 21 sqm) in the curtilage of 2 Windsor Terrace, within the Windsor Road Conservation Area and a predominantly residential area, from domestic storage/parking (Use Class 3.3) to a gym/personal training service (Use Class 4.4).
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The officer assessed the proposal as principally acceptable despite being contrary to the Predominantly Residential zoning and prior condition on PA 16/00919/B prohibiting commercial use, as the small…
General Policy 2
Requires development to respect site/surroundings (b), not adversely affect resident amenity or locality character (g), provide safe access/adequate parking (h), and avoid unacceptable road safety/traffic effects (i). Officer found proposal acceptable due to small scale, conditions minimising amenity impacts, and relaxed parking standards justified by location/public transport, despite residential zoning conflict.
Environment Policy 35
Permits only development preserving/enhancing Conservation Area character, protecting special features. No external alterations meant no impact on character/appearance; statutory test passed as focus is architectural/historic interest, not land use mix in predominantly residential area.
Transport Policy 7
Requires parking per standards (2 spaces/unit residential terraces; 1/15sqm assembly/leisure). Proposal short by 2 spaces but relaxed due to town centre location, public transport proximity (Appendix 7.6), and no highway objection; condition ensures driveway clear.
Identification of Special Character
PPS 1/01 emphasises quality/interest of areas over individual buildings; lists features like use mix. No visual change; land use not a defining Conservation Area character here as area is Predominantly Residential.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Operating hours
The use hereby approved shall only be undertaken between 08:00 and 16:30 from Monday to Friday. The use shall not be undertaken at any time on Saturdays, Sundays and Public Holidays. Reason: To ensure that the development is undertaken in accordance with the application details and in the interest of protecting neighbouring living conditions.
Maximum occupancy
There must be no more than one customer/client using the gym at any one time. Reason: In the interest of highway safety and residential amenity.
Use limited to approved area
The area of the building to be used for personal training service shall be limited to that shown on the floor plans forming part of the application and the use hereby permitted shall not extend into any other part of the premises. Reason: To minimise the disturbance to adjacent residential occupiers and to protect the residential character of the locality.
Applicant-only operation
The use hereby approved shall only be for the benefit of the applicant while they are resident at 2 Windsor Terrace, Douglas and no staff may be employed and/or work at the premises. Reason: Although the specific details of this application have been found acceptable, any change to its operation will require fresh assessment.
Driveway parking availability
The driveway and access shall be kept available and unobstructed for parking at all times. Reason: To ensure a satisfactory access and in the interests of highway safety.
no objection
does not oppose this application; no significant negative impact upon highway safety, network functionality and/or parking
Multiple neighbouring residents strongly object to the change of use citing breach of prior planning conditions, conservation area policy, parking pressure, noise, and amenity impacts; statutory consultees DOI Highways and Douglas Borough Council have no objections.
Department of Infrastructure (DOI) Highways Division
No ObjectionDo not oppose; After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections
The original application for change of use of a garage (PA 21/01343/C) from domestic storage to a gym business (1-to-1 sessions, Mon-Fri 08:00-16:30) in a Predominantly Residential area within Windsor Road Conservation Area was approved by the Planning Committee on 02/02/2022 subject to conditions limiting operation. Joint appellants (owners of Nos 4,5,6 Windsor Terrace) appealed via written representations, arguing conflict with prior conditions prohibiting commercial use (PA 16/00919/B), harm to CA character under EP35, parking shortfall contrary to TP7, and amenity harm. The Inspector (report dated 03/05/2022) recommended allowing the appeal and refusing permission due to failure to preserve CA character, parking loss, and amenity harm under IMSP policies. The Minister (Dr Michelle Haywood, decision 07/09/2022) disagreed with the Inspector on these issues, finding impacts slight and acceptable with conditions, upholding the approval.
Precedent Value
Small-scale home gym businesses can be approved in residential CA areas if impacts controlled by conditions, even against Inspector advice; Ministers may override on fine balance if highway supports and activity low-key. Future applicants should emphasise equivalence to domestic use and secure restrictive conditions.
Inspector: B J Sims BSc (Hons) CEng MICE MRTPI
