24 July 2007 · Planning Committee
Rowans, Quines Hill, Port Soderick, Isle Of Man, IM4 1au
The proposal sought permission to change part of the ground floor and one bedroom of the existing detached dwelling at The Rowans to office use for up to 4 staff, retaining some residential use for the managing director; no external changes were proposed.
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The officer assessed the proposal against Business Policy 7 of the Isle of Man Strategic Plan, which requires new office floor space in town/village centres on zoned land, or exceptionally in business…
Business Policy 7
Requires new office floor space in town/village centres on zoned land, or exceptionally in business parks for corporate HQs without callers, or historic buildings where office use best secures maintenance. Site not zoned for offices and no exceptions met; small scale did not override as policy prioritises centres for accessibility.
Braddan Parish District Plan 1991
Site in residential area (paras 5.4-5.9); Policy 3.3 prohibits additional office development except for approved industrial/science needs or local community offices, preferring conversions. Proposal seen as additional office despite partial residential retention, conflicting with residential zoning.
Braddan Commissioners objected to the application due to non-conforming use and inadequate access; Isle of Man Water Authority required water supply consultation; Fire and Rescue Service required fire safety consultation.
Key concern: access to the property was not sufficient for commercial use
Braddan Parish Commissioners
ObjectionThe visibility from the existing driveway is inadequate and does not provide stopping sight distance. This application does not seek to rectify this situation; the application be refused as it represents non conforming use and that the access to the property was not sufficient for commercial use
Isle of Man Water Authority
Conditional No ObjectionFor a change in the supply to a premises (domestic or commercial) the applicant should contact the IoMWA Byelaws Inspector (Michael Karran), tel. 69 59 57
Conditions requested: applicant must contact the IoMWA Byelaws Inspector (Michael Karran), tel. 69 59 57 for a change in the supply to a premises (domestic or commercial)
Isle of Man Fire And Rescue Service
No CommentApplicant to Consult the Fire Safety Department with regard to the general fire precautions contained within the Application
Conditions requested: Applicant to Consult the Fire Safety Department with regard to the general fire precautions
The original application for change of use was refused for conflict with Business Policy 7 of the Isle of Man Strategic Plan and Policy 3.3 of the Braddan Parish District Plan (Circular 6/91), plus inadequate access visibility. The appellant argued the small-scale, low-impact office use would not harm residential amenity, traffic would be less than residential, unique business needs justified the location, and cited draft plan policies supporting small-scale offices. The inspector found the proposal contrary to established policy directing offices to town centres on zoned land, gave no significant weight to appellant's circumstances or draft plan, noted access issues could be conditioned but policy conflict was decisive. The appeal was dismissed.
Precedent Value
Strict adherence to office zoning in Strategic Plan; small-scale/low-impact uses in residential areas unlikely to succeed without policy support. Applicants must demonstrate site fits centre/zoned criteria; conditions help highways but not policy breaches.
Inspector: Michael Hurley
