31 October 2008 · Planning Committee
1, Derby Road, Douglas, Isle Of Man, IM2 3eu
The proposal was a retrospective change of use of a corner dwelling in a mixed residential/retail area and Conservation Area to provide temporary overnight shelter for up to 6 people (2 volunteers + 4 clients), plus daytime lunches, with specific opening hours from 9-10pm nightly and limited daytime periods.
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The officer assessed that the key issue was whether the temporary night shelter would unacceptably diminish residential character and amenity in the mixed-use locality, zoned predominantly residential…
General Policy 2
Requires development in line with zoning and policies, respecting amenity (g), character (c), highway safety (i), and community safety (m). Officer found proposal acceptable temporarily in mixed area despite amenity concerns, as impacts not severe enough for refusal; conditions address monitoring of amenity/character/safety.
Environment Policy 22
Mentioned as relevant but no specific assessment provided in report.
Community Policy 7
Requires design to prevent criminal/anti-social behaviour. Assessed acceptable via restricted hours, volunteer supervision, and liaison committee to monitor and mitigate issues.
Time limit - 6 months temporary
This permission relates to the use of the building as a temporary overnight accommodation for a period of 6 months from the date of this notice unless there is by that date planning permission for a further period.
Approved plans
This permission relates to the change of use of a dwelling to a temporary overnight accommodation as shown in drawing numbers 1548/1, 1548/2, 1548/3 date stamped 6th August 2008, Letter from K G Best date stamped 6th August 2008 and Letter from Mr. A. R. Hewins dated 23rd June 2008.
Local liaison committee
Within one month of the date of this permission a local liaison committee shall be set up in accordance with a scheme that has been submitted to and approved in writing by the Planning Authority.
Max 6 overnight occupants
Not more than 6 persons in total shall sleep in the property over night.
Do not oppose
No objection
Interest expressed (neighbouring owners, no objection stated)
The original application for change of use was permitted on 31 October 2008 subject to conditions, including a 6-month temporary period (condition 1) and a limit of 6 overnight occupants (condition 4). The appellant charity Graih appealed these conditions, arguing administrative burden, no adverse impacts, police evidence of reduced crime, and need for 7 clients plus 2 staff. The Planning Authority supported removal based on new evidence showing positive impacts and no neighbourhood issues. The inspector held a public inquiry on 26 February 2009, agreed no planning justification for the conditions, varied condition 1 to one year from original permission and deleted condition 4, as they failed necessity tests. The Minister accepted the recommendation on 9 April 2009.
Precedent Value
Appeals can successfully challenge conditions on permitted schemes if they fail necessity tests (Circular 11/95); new evidence of no harm and operational benefits carries strong weight. Future applicants should submit comprehensive evidence upfront and highlight self-regulation for occupancy limits.
Inspector: David Ward
