**Document:** Appeal Letter and Notice **Application:** AP24/0043 — Appeal against the refusal for conversion of existing guest house and apartment to eight apartments with alterations and extensions and new vehicular access **Decision:** Appeal dismissed - PA APPROVED **Decision Date:** 2025-08-01 **Parish:** Rushen **Document Type:** appeal / appeal_submission **Source:** https://planningportal.im/a/88389-rushen-erin-house-conversion-dwelling/documents/1142218 --- # Appeal Letter and Notice Mr Richard Copisarow 30 Royal Shore The Promenade Port Erin Isle Of Man IM9 6PT Telephone (01624) 685958 Email: tim.cowsill2@gov.im Contact: Tim Cowsill Our Ref: MEC /AP24/0043 Date: 28th August 2025 Dear Sir/Madam, ## On Appeal **Appeal Ref:** AP 24/0043 **PA No:** 23/00958/B **Address:** Erin House Athol Park Port Erin Isle Of Man IM9 6EX **Proposal:** Conversion of existing guest house and apartment to eight apartments with alterations and extensions and new vehicular access I refer to the appeal in respect of the above planning application. In accordance with the provisions of The Town and Country Planning (Development Procedure) Order 2019, I herewith give notice of the appeal decision. The Minister for Environment, Food and Agriculture, the Hon C Barber MHK, has considered the report and agrees that the main issues are the impact on the proposed conservation area, parking and affordable housing provision. With respect to the impact on the Conservation Area and parking provision, the Minister concurs with the Inspector’s conclusions. It is in respect of the conclusions in relation to affordable housing that the Minister disagrees. The Inspector states in para 69. ‘Whether the terms of IMSP Policy HP5 bite in this case depends on whether it is accepted that the appeal proposal is for eight brand new dwellings (apartments) with an acceptance that Erin House does not include existing established residential units or units to be off-set against the eight apartments mentioned in policy.’ ## Whether the property had an established residential use. It is noted that the planning history of the site is unclear, as set out in the Inspector’s summary of the appellants case in para 28. The fact that the building has been entirely stripped out as referred to in the Inspector’s introductory paragraph 5, and at para 74 is uncontested. The Inspector addresses the argument as to whether the previous use was extinguished by virtue of the fact that the building has been gutted and concludes that it was not. It is both suggested and accepted by all parties that the previous use was residential in some form. The Inspector comments in paragraph 73 that she has no doubt that the existing use of the premises is residential for at least one established unit, and therefore it is not necessary to go on to determine how many, as with an acceptance of just one this takes the appeal proposal down below the IMSP Policy HP5 threshold of eight brand new dwellings. It is for this reason that the Inspector concludes that the terms of IMSP Policy HP5 is not applicable. Whilst the Minister does accept that Erin House was most recently in use for some kind of residential purpose, there is no lawful certificate to establish what use that was. The 1994 Permitted Development only allows for a permitted change of use to a residential dwelling, not apartments. ### Whether the proposal is for 8 new dwellings The appellant's position, as set out in the Inspector's report para 27 is that: 'It is accepted that this application proposes to create 8 dwellings, but it is material that there is currently an apartment within the property as well as the accommodation on the floors above it. The proposal uses the layout of the existing apartment and so is effectively for the creation of 7 new apartments, "new" being the word used in paragraph 8.6.3.' Whilst it is accepted that there were people living in the property, it remains unclear as to exactly what the use of the property was. There was reference to a flat, but as noted flats fall into a different Use Class to other residential uses. There has been no planning approval given for a flat at any time and nor has any certificate of lawfulness been sought or granted for such. The matter turns not on whether the premises contained a residential unit, but on whether that specific residential unit is lawful and being retained as part of the development proposal. The Minister does not agree with the assertion that 'the proposal uses the layout of the existing apartment' and as such is 'effectively for the creation of 7 new apartments.' Firstly there is no lawful separate planning unit containing an apartment, and secondly the layout shows that the proposal is for wholesale redevelopment. It is not for the retention of an apartment and redevelopment of the remainder of the building for 7 units. Under Housing Policy 5, the Department requires that 25% of residential developments comprising 8 dwellings or more should be provided as affordable housing. This policy applies to all qualifying residential developments, including conversions, and is not contingent on whether there is a net increase in dwellings. It is a matter of fact that the 8 new apartments would be created by the development following complete refurbishment/remodeling, and thus on implementation of the approval, the previous use of the site would be extinguished and a new planning chapter begun. ### Conclusion In the Inspector's para 75, she indicates that should the Minister not agree with her assessment that IMSP Policy HP5 should be applied. It is further noted that the Inspector concurred with the appellant that if the minister considered that the policy did bite, it would be better to still allow the appeal but with a condition attached, than dismiss it entirely, which would then require the appellant to resubmit a planning application and start the process again. The Minister thus does not accept the Inspector's view in so far as the applicability of Housing Policy 5 is concerned and is of the view that affordable housing provision is required. The Minister does accept the Inspector's view that the commuted sum can be secured via condition and a S13 agreement. The Minister for Environment, Food and Agriculture, the Hon C Barber MHK, has considered the report, and for the reasons set out in this letter, approves the application subject to conditions. Formal notice of this decision is attached. Yours faithfully Tim Cowsill Chief Officer cc. Miss Sarah Corlett, Ballachrink Croft, Ballacorey Road, Bride, Isle Of Man, IM7 4AW ## The Town And Country Planning Act 1999 ### The Town and Country Planning (Development Procedure) Order 2019 Mr Richard Copisarow 30 Royal Shore The Promenade Port Erin Isle Of Man IM9 6PT Appeal Ref: AP24/0043 In pursuance of her powers under the above Act and Order/Regulations, the Minister for the Department of the Environment, Food and Agriculture, the Hon C Barber MHK does hereby in the name of and on behalf of the Department **APPROVE** planning application 23/00958/B by Mr Richard Copisarow **for** Conversion of existing guest house and apartment to eight apartments with alterations and extensions and new vehicular access - Erin House Athol Park Port Erin Isle Of Man IM9 6EX subject to the following conditions:- ### Conditions Of Approval: 1. 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. 2. The development hereby approved shall not be occupied or operated until all access and parking arrangements, including visibility splays, vehicular and pedestrian areas have been provided in accordance with the approved plan (Drawing No. 2023-142-012). Such areas shall not be used for any purpose other than for purposes associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety. 3. Prior to the occupation of the development hereby approved, details of the allocation of the tandem parking spaces shown on the approved proposed site layout plan (Drawing No. 2023-142-012) shall be submitted to and approved in writing by the Department. The tandem parking spaces shall be allocated to the two two-bedroom apartments, and marked out as such on site. Such areas shall not be used for any purpose other than for purposes associated with the allocated apartment and shall remain free of obstruction for such use at all times. Reason: To ensure there are no conflicts with parking on site, in the interest of highway safety. 4. The development hereby approved shall not be occupied until the secure bicycle storage shown on Drawing No. 2023-142-012 has been provided in accordance with the approved plans. The secure bicycle store shall be retained at all times thereafter. Reason: To promote sustainable travel in the interests of reducing pollution and congestion. 5. Prior to the occupation of any of the eight apartments which forms part of the development hereby approved, the bin storage area shown on Drawing No. 2023-142-012 shall be provided in accordance with the approved plan and shall be permanently retained thereafter and solely for the purpose of refuse storage. Reason: In the interests of the appearance of the development and of the amenities of the area. 6. No works in connection with the development hereby approved shall commence until details, including the manufacturer's details, specification and colour of all the materials/roof/wall/windows/doors/rainwater goods/hard surfacing to be used in the external finish for the approved development have been submitted to and approved in writing by the Department. The development shall not be occupied or brought into use unless the external finish has been applied in accordance with the approved details. Reason: In the interests of the appearance of the development and the visual amenities of the area. 7. Notwithstanding the details that have been submitted, the development hereby approved shall not commence until a detailed landscaping scheme has first been submitted to the Department in writing to be agreed. The scheme shall include a detailed landscaping layout, details of planting including plant sizes and proposed numbers/densities, site levels, as well as a programme for the implementation, completion and subsequent management of the proposed landscaping. The development shall be carried out in accordance with the approved scheme and agreed programme of implementation and shall be retained and maintained as such thereafter. 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 any unit, whichever is the sooner. Any plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: In the interests of protecting and enhancing the biodiversity of the environment. 8. No development shall take place until a scheme for the provision of an agreed contribution towards affordable housing as part of the development has been submitted to and approved in writing by the Planning Authority. The scheme shall include an agreed schedule for payment which shall be strictly adhered to. Reason: In the interests of securing the provision of affordable housing across the Island. NOTE: The development shall be carried out strictly in accordance with the following approved plans and documents: Location Plan 2023-142-001 Site Plan 2023-142-002 Proposed site layout 2023-142-012 - dated 29 January 2024 Proposed elevations 2023-142-13 Scope of building works 2023-142-016 Proposed ground and first floor plans 2023-142-009 Proposed second and third floor plans 2023-142-010 Proposed attic and roof plan 2023-142-011 Views of roof balconies 2023-142-015 Proposed cycle shelter siting and elevations 2023-142-018 Effect of railing styles 2023-142-019 Reason for the approval: The proposed development accords with the provisions of Strategic Policies 1, 2, 3, 4 and 5; General Policy 2; Housing Policies 4, 5 and 17; Environment Policies 34, 35 and 42 and Transport policies 4 and 7 in the Isle of Man Strategic Plan 2016. Date of issue 28th August 2025 By Order of the Minister Tim Cowsill Chief Officer Note 1: A copy of the report of the appointed person is appended hereto. Note 2: All parties should note that there is no prescribed right of appeal relevant to the Minister’s decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months. Note 3: The letter which accompanies this notice forms part of the notice in accordance with Article 13 (3) of the Town & Country Planning (Development Procedure) Order 2019. --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/88389-rushen-erin-house-conversion-dwelling/documents/1142218*