23 January 2009 · Minister for Infrastructure following report by appointed person
The Rowany, 10, Empress Drive, Douglas, Isle Of Man, IM2 4lq
The proposal involved converting a disused five-storey Victorian hotel building in the Douglas Promenades Conservation Area into nine apartments (six one-bedroom and three two-bedroom units), including replacement sliding sash windows, a rear bin store with white render finish, external staircase, and bricking up of so…
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The Planning Committee refused due to no off-street parking (requiring 12 spaces per Appendix 7 but none provided, exacerbating on-street pressure in Empress Drive) contrary to Transport Policy 7, and…
Transport Policy 7
Requires parking per Appendix 7 standards (1 space/1-bed apt, 2/2+ bed); relaxable for Conservation Area re-use/historic buildings near bus routes if no unacceptable on-street parking. Officer/Inspector found relaxation justified as demolition for parking harmful to streetscene; Committee refused but overruled on appeal.
Housing Policy 17
Permits conversions if adequate storage/amenity/parking, pleasant outlook from principal rooms. Lower ground floor had restricted outlook (windows below street level) but Inspector found lounge bay windows provide reasonable sunlight/outlook, consistent with prior policy/approvals; revision to storage improved scheme.
Environment Policy 35
Permits only development preserving/enhancing Conservation Area character. Bin store/staircase minor impacts offset by renovating dilapidated building; matching materials/windows required by conditions.
Environmental Policy 39
Presumption to retain positive contributors to Conservation Areas. Re-use secures future of Victorian building currently adversely impacting area.
Housing Policy 5
Requires 25% affordable on ≥8 units; secured via Section 13 agreement for two units ≤£150k for first-time buyers.
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relates to the conversion of a former hotel into nine apartments as shown in drawing numbers 100, PL101, PL/102 (part superseded by Planning Officer), PL/103 Rev 1, PL/104 (part superseded by Planning Officer) and photographs date-stamped 6th August 2008, drawing number BR/105 date-stamped 11th November 2008.
Replacement windows
The replacement windows to be installed must be sliding sash.
Bin store materials
The rendered walls of the bin store must have a white finish.
Bin storage provision
No residential unit hereby permitted shall be occupied until the bin storage facilities have been provided in accordance with the approved plans, and those facilities shall thereafter be kept available at all times for their designated purpose.
Matching materials
No facing material for the bricking up of openings shall be used other than materials which match those used on the existing building.
no objection
acceptable subject to Section 13 agreement for two first-time buyer units at ≤£150,000
no objection subject to Housing (Flats) Regulations 1982 compliance
The original application for conversion of a former hotel into ten (later revised to nine) apartments was refused by the planning committee despite officer recommendation for approval, citing non-compliance with Transport Policy 7 due to no off-street parking and Housing Policy 17 due to poor outlook and light for the lower ground floor apartment. The appellant argued the building's redundancy, prior approvals for similar conversions, conservation area benefits, and willingness to provide two affordable units. The inspector found residential amenity acceptable given precedents, parking standards relaxable due to building re-use in conservation area outweighing on-street pressure, and other impacts minor. The Minister accepted the inspector's recommendation to allow the appeal after a legal agreement secured two affordable units, granting approval subject to six conditions on 16 April 2010.
Precedent Value
This appeal shows parking standards can be relaxed for redundant building re-use in conservation areas if public benefits outweigh on-street impacts, especially with precedents and affordable housing. Future applicants should secure officer support, offer legal undertakings for affordability, and cite comparable approvals.
Inspector: Graham F Self MA MSc FRTPI
