**Document:** Officer Report
**Application:** 25/90678/B — Conversion of ground floor takeaway with apartment above to 3 apartments.
**Decision:** Permitted
**Decision Date:** 2025-10-02
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/32994-braddan-4-6-conversion/documents/1147577

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# Officer Report

**Application No.:** 25/90678/B
**Applicant:** Mrs Jeanne Dodds
**Proposal:** Conversion of ground floor takeaway with apartment above to 3 apartments.
**Site Address:** 4 - 6 Castlemona Avenue Douglas Isle Of Man IM2 4EH
**Planning Officer:** Paul Visigah
**Site Visit:** 15.09.2025
**Expected Decision Level:** Planning Committee
**Recommended Decision:** Permitted
**Date of Recommendation:** 22.09.2025 _________________________________________________________________

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

- C 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.

- C 2. Prior to the first occupation of any apartment, the refuse storage area shall be provided in full, in accordance with the approved plan (Drawing No. P01 Rev A). The approved refuse storage shall be permanently retained thereafter for the sole purpose of waste and recycling storage.

Reason: To ensure adequate provision for waste management in the interests of residential amenity and service delivery.

- C 3. The secure cycle storage shown on the approved plans shall be installed prior to first occupation and permanently retained thereafter for the sole purpose of cycle parking.

Reason: To support sustainable transport objectives and ensure adequate provision for future occupants.

- C 4. The external alterations, including the replacement door and window to the shop front, shall be carried out in accordance with Drawing No. P01 and shall retain the render finish as shown. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025, no additional external changes shall be made to the building's front elevation.

Reason: For the avoidance of doubt and to ensure the development respects the character of the building and surrounding townscape.

## This application has been recommended for approval for the following reason.

The proposed development complies with the Isle of Man Strategic Plan and the Area Plan for the East by delivering residential accommodation within a designated Mixed-Use area, making efficient use of a vacant and underutilised property. The scheme respects the character of the building and surrounding townscape, avoids adverse impacts on neighbouring amenity and highway safety, and provides acceptable internal layouts and outlook for future occupants. Subject to a condition securing revised refuse storage arrangements, the proposal is considered to meet the requirements of General Policy 2, Housing Policy 17, Strategic Policies 1, 4 and 5, and Transport Policies 4 and 7.

Plans/Drawings/Information; This approval relates to the following submitted documents and drawings:

- o D01 - Planning Statement
- o Dwg. EX01 A - Existing Plans, Elevations & Sections, and Location Plan
- o Dwg. P01 - Proposed Plans, Elevations & Sections All received on 11 July 2025.

_________________________________________________________________ Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

- o DOI Highways - No Objection

It is recommended that the following organisations should be given the Right to Appeal on the basis that they have submitted a relevant objection:

- o Douglas City Council (objection related to bin sotrage which has been provided but not in the most convenient layout - see paragraph 7.6.3).

It is recommended that the owners/occupiers of the following properties should be given the Right to Appeal as they have submitted an objection that meets the specified criteria:

- o 15 Central Apartments, Douglas _________________________________________________________________

## Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR AN APPROVAL

1.0 THE SITE - 1.1 The application is an end-terrace property situated at the junction between Castlemona Avenue and Esplanade Lane and connected to a stepped row of properties that follow the bend in the highway. The road leads from Douglas Central Promenade behind the mix of Victorian hotels/guesthouses and apartment buildings. There is a variety of uses in the area, including a showrooms, hot food takeaways and tourist accommodation. The site sits just outside the Douglas Promenades Conservation Area. - 1.2 The existing property is an almost triangular building set over three floors, with the shop front set just by Esplanade Lane, but overlooking Castlemona Avenue. The existing windows are UPVC casement windows, while the shop front comprises a glazed double-door entrance with metal framing, set beneath a fascia sign. The frontage includes a projecting sign and retains a traditional commercial appearance, with signage and fenestration that reflect its previous use.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for conversion of ground floor takeaway with apartment above to 3 apartments. The proposal would involve internal reconfiguration across all floors, with minor external alterations to the shop front and access arrangements. - 2.2 The ground floor would accommodate Flat 1, comprising a kitchen, lounge, one bedroom, and bathroom. A new white PVC front door and casement window are proposed within a reduced opening, with an internal staircase installed behind to provide access to the upper floors. A cycle and refuse store is also proposed at ground level (within the space for the current kitchen), including provision for three 240L wheelie bins and a ceiling-mounted bike bar. - 2.3 The first floor would contain Flat 2, featuring a kitchen, lounge, one bedroom, and bathroom. The layout is designed to provide functional living space while retaining the building's structural integrity and respecting existing floor levels and circulation. - 2.4 The second floor would accommodate Flat 3, with a similar configuration: kitchen, lounge, bedroom, and bathroom. Access to all units would be via the internal staircase, with landings provided at each level. - 2.5 The basement would be retained for ancillary use, with a new access hatch proposed. No habitable accommodation is proposed at this level. - 2.6 External alterations are limited to the shop front, where the new entrance and window treatment would be installed. The existing render finish would be retained and matched where necessary. No changes are proposed to the building's overall height, massing, or roof form. - 2.7 The applicant has provided a Planning Statement which details the rationale for the proposed conversion, including the justification for the loss of the ground floor commercial use. The property was formerly occupied as a small fish-and-chip shop but has remained vacant for a prolonged period, with no commercial interest despite being marketed for sale. The Statement notes that the internal layout is dated and inefficient, with limited scope for viable reuse in its current form. The proposed conversion is presented as a sustainable re-use of brownfield land within the Douglas settlement boundary, delivering much-needed residential accommodation in a highly accessible location. The scheme is designed to respect the character of the building and surrounding streetscape, while supporting regeneration and housing delivery objectives set out in the Isle of Man Strategic Plan.

3.0 PLANNING POLICY - 3.1 The site is shown as Mixed Use although it is not situated along a Primary Retail or Primary Office Frontage within the Area Plan for the East Map 4 (Douglas). The site is also not within a Conservation Area or an area prone to flood risks. - 3.2 Area: Area Plan for the East 2020

- 3.2.1 The Area Plan Written statement states the following about the area:

- 1. Town Centre - Mixed Use Proposal 3 "There will be a presumption in favour of retail and ancillary town centre uses such as food and drink and health and beauty uses along the primary shopping frontage. Outside of the primary shopping frontage a wider variety of town centre uses including financial and professional services open to visiting members of the public will also be acceptable. Entertainment venues, offices and residential use will be acceptable at first floor level and above, but not at ground floor level where an active frontage should be maintained and enhanced. These active frontages are essential to sustain an attractive town centre."

- 2. Section 9.11 Development in areas of 'mixed use' "9.11.2Development types within areas of mixed use generally comprise a variety of different but compatible uses. Appropriate new uses may include a mix of shops and some services (financial and professional), food and drink, office and light industry, research and development, tourist and residential uses, and other uses such as clinics or health centres, childcare or education, community facilities, and places of assembly and leisure. Uses which are not compatible with residential development will generally not be supported within the areas of mixed use."
- 3.3 National: Strategic Plan 2016

- 3.3.1 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:

- 1. Strategic Policy 1 - development should make the best use of resources by optimising the use of redundant buildings and under-used land and buildings.
- 2. Environment Policy 42 - character and need to adhere to local distinctiveness.
- 3. General Policy 2 - General Development Considerations.
- 4. Housing Policy 1 - Refers to housing needs which includes enabling 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026.
- 5. Housing Policy 4 - New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages.
- 6. Housing Policy 17 - Allows for the conversion of buildings into flats.
- 7. Strategic Policies 2 and 5 - relate to the location of new development within existing towns, and good design.
- 8. Strategic Policy 3 - promotes the use of local materials and character.
- 9. Strategic Policy 11 - The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026.
- 10. Transport Policy 4 - Highway capacity and safety considerations.
- 11. Transport Policy 7 - The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
- 12. Paragraphs 8.13.1 to 8.13.3 of the Strategic Plan "8.13.1 There are in the Island, and particularly in Douglas, many substantial buildings which, because of their size or form, are no longer suitable for the originally intended use as either single dwellings or holiday accommodation, but which are still structurally sound. The Department has for many years encouraged the conversion of such buildings, where appropriate, into flats.

- 8.13.2 The size, layout, occupancy, etc., of flats are controlled by the Housing (Flats) Regulations 1982. However, all flats should also have a good external environment, characterised by -

- (a) a pleasant, clear outlook, particularly from the principal room(s) of the flat and
- (b) access to external space for the purpose of clothes-drying, refuse storage, car-parking, and general amenity.

- 8.13.3 Many buildings which are generally suitable for conversion into flats not only have very little space around them, but also have an annex or "outlet" at the rear. The Department may require the demolition, in total or in part, of such "outlets" even where the immediate use of the cleared space may not be possible, for example where more than one rear annex may be needed to be removed to gain access or highway work such as road widening may be required to make the cleared space useful. Such demolition will:

- (a) remove accommodation which has a poor environment and limited outlook;
- (b) permit the creation of parking space; and
- (c) assist in admitting light and air to the rear of the building proper.

Where such demolition is not so required, the accommodation must generally be organised so that every flat has an outlook from the front of the building, and so that no flat is contained

entirely within an "outlet". Exception may be made to this general approach where the environment at, and the outlook from, the rear are pleasant and open."

3.4 Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019

- 3.3.1 The Order defines primary window to mean a main window serving a living room, a dining room, or a kitchen that includes dining facilities.
- 4.0 OTHER MATERIAL CONSIDERATIONS

### 4.1 Residential Design Guide (2021)

- 4.1.1 This document provides advice in Section 7 deals with impact of developments on neighbours. Paragraph 7.2.2 defines the various tiers of rooms and windows on a dwelling, and this includes the following:

- o Primary Habitable Rooms: Living Rooms, Dining Rooms, Kitchens which includes dining facilities and Conservatory;
- o Secondary Habitable Rooms: Bedrooms and kitchens; and
- o Non-Habitable Rooms: these include bathrooms, utility rooms, hallways/corridors, stairs/landings, garages, porches, and storage.

### 4.2 Central Douglas Master Plan, 2015

- 4.2.1 One of the key drives of the plan is to increase residential population in Central Douglas as it seeks to create a number of housing opportunities around the town centre.
- 4.2.2 One of the key drivers identified on the Master Plan (page 9) is to "increase the residential population within Central Douglas.

## - 5.0 PLANNING HISTORY

5.1 The site has not been subject of any recent planning application that is considered relevant in the assessment and determination of the current application. - 6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.1 DOI) Highways Division have stated that they find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking subject to conditions on cycle parking details and bin storage on the approved plans before first occupation and retained thereafter (21 Jul 2025).

6.2 Douglas City Council (23.07.25/29.07.25) has advised that the applicant will need to provide four 240L waste/recycling bins (for general waste, cans/plastics, cardboard, and glass) to meet service requirements. They have requested that the applicant demonstrate adequate space within the curtilage of the property to accommodate these bins. At present, the Council considers the bin storage arrangements insufficiently detailed and has withheld final comments pending further evidence. - 6.3 A representation was received from a resident at 15 Central Apartments, Douglas (18 July 2025), raising concerns about the lack of parking provision associated with the proposed development. The resident notes that the site is located directly opposite the entrance to their basement car park and highlights existing issues with vehicles obstructing access due to parking on double yellow lines. They express concern that the development may exacerbate these problems and request that planners consider extending parking restrictions and improving enforcement, particularly during evenings.

## - 7.0 ASSESSMENT

7.1 The fundamental issues to consider in the assessment and determination of this application are:

- 1. The principle of developing the site for residential purposes;
- 2. Impact of the character or appearance of the site and immediate vicinity;
- 3. Impact upon highway safety/parking provision; and
- 4. Adequacy of private amenity for future occupants.

7.2 It is not considered that the proposal would result in significant adverse impacts on neighbouring amenity. This conclusion is based on the fact that the development does not introduce new fenestration in positions that would result in overlooking, nor does it introduce new activities within the site that would generate noise or disturbance beyond acceptable thresholds. The occupancy of the three apartments is expected to be modest, with no more than six residents in total, which is not considered to intensify use beyond what is typical for the area. Furthermore, the level of residential intensity is consistent with the surrounding context, which comprises a dense residential cluster. As such, the proposed use is considered to fall within an acceptable threshold in terms of amenity impact. - 7.3 THE PRINCIPLE OF THE PROPOSED DEVELOPMENT (GP2, HP 1, 4 & 17, STP 1 & 11)

- 7.3.1 The site is located within a designated Mixed Use area under the Area Plan for the East, and while it is not situated along a Primary Retail or Office Frontage, the proposal involves the loss of a ground floor commercial unit. Ordinarily, this would raise concern in relation to maintaining active frontages. However, the property has remained vacant for a prolonged period, with no commercial interest despite being marketed, and the internal layout is noted to be inefficient for viable reuse. As such, the loss of the takeaway use is not considered to conflict with the strategic aim of sustaining town centre vitality.
- 7.3.2 Strategic Policy 1 of the Isle of Man Strategic Plan supports the reuse of redundant buildings and under-used land, and Housing Policy 17 specifically allows for the conversion of buildings into flats. The proposal would deliver three residential units within the Douglas settlement boundary, contributing to housing supply targets set out in Housing Policies 1 and

11. The scheme is therefore considered to align with the strategic housing objectives of the Development Plan.

- 7.3.3 The site is located within walking distance of public transport routes, employment opportunities, and local services, which supports the locational criteria set out in Housing Policy
- 4 and Strategic Policy 5. The proposal would also support the aims of the Central Douglas Masterplan, which seeks to increase residential population within the town centre through the reuse of upper floors and redundant commercial premises.

- 7.3.4 Overall, the proposed development is considered to be acceptable in principle, subject to further assessment of its impact on character, amenity, and highway safety, as set out in the following sections.

## 7.4 CHARACTER OR APPEARANCE (GP2, STP 3, 4 & 5, EP 36)

- 7.4.1 The site lies just outside the Douglas Promenades Conservation Area, and while not subject to direct heritage controls, Environment Policy 36 requires that development in close proximity must not detrimentally affect important views into or out of the Conservation Area. In this case, the proposed external alterations are limited to the shop front and do not involve any changes to the building's height, massing, roof form, or wider envelope. Given the modest nature of the works and their limited visibility within the wider streetscape, the proposal is not considered to compromise the setting or visual integrity of the adjacent Conservation Area and is therefore compliant with the relevant policy requirements.

- 7.4.2 The replacement of the existing commercial frontage with a white PVC door and casement window within a reduced opening is considered modest in scale and would not disrupt the visual rhythm of the stepped terrace along Castlemona Avenue. The removal of dated signage and metal-framed glazing would result in a simplified and more neutral frontage,

- which is considered appropriate for the proposed residential use and compatible with the surrounding townscape.
- 7.4.3 The building retains its render finish, which is to be matched where necessary, and no new materials are introduced that would conflict with the established palette of the area. The proposal does not introduce any new projections, roof-level structures, or alterations that would affect public views or the setting of nearby buildings. As such, the development is considered to respect the site and surroundings in terms of siting, scale, and design, in accordance with General Policy 2(b) and Strategic Policies 3 and 5.
- 7.4.4 Overall, the development is judged to preserve the character and appearance of the site and its immediate context and is not considered to result in adverse visual impacts. The proposal is therefore compliant with GP2, Strategic Policies 3, 4 and 5, and Environment Policy 36.
- 7.5 PARKING AND HIGHWAY SAFETY (GP2, TP4, TP 7)

7.5.1 The proposed development would result in three one-bedroom apartments, which under Transport Policy 7 would ordinarily require three off-street parking spaces. However, the site does not provide any dedicated off-street parking, and the surrounding area is subject to parking restrictions, including double yellow lines and limited on-street capacity. A representation has been received from a nearby resident raising concerns about existing parking pressures and potential obstruction of access to a basement car park opposite the site.

- 7.5.2 Notwithstanding the above, the site is located within a highly accessible part of Douglas, within walking distance of the town centre, public transport corridors, and a range of services and employment opportunities. This locational context aligns with the relaxation criteria set out in Transport Policy 7(d), which allows reduced parking provision where development is within reasonable distance of a bus route and can demonstrate that it will not result in unacceptable on-street parking impacts.
- 7.5.3 The Department for Infrastructure's Highways Division has confirmed that the proposal would not result in significant negative impacts on highway safety, network functionality, or parking, subject to conditions relating to cycle parking and bin storage. The submitted plans demonstrate that secure cycle storage is to be provided within the ground floor layout, incorporating a 2.28m ceiling-mounted SpaceRail bike bar. This provision supports modal shift objectives and contributes to the overall accessibility and sustainability of the development.
- 7.5.4 In terms of General Policy 2(h) and Transport Policy 4, the development is considered to provide satisfactory amenity standards in itself, with safe and convenient access for all highway users. The absence of off-street parking is not judged to result in unacceptable highway impacts, given the site's central location and the availability of alternative transport modes. Overall, the proposal is considered to comply with the relevant provisions of GP2, Transport Policies 4 and 7, and is not judged to result in adverse impacts on highway safety or parking provision.

## - 7.6 ADEQUACY OF PRIVATE AMENITY FOR FUTURE OCCUPANTS (HP17, GP2)

- 7.6.1 Housing Policy 17 requires that each apartment should benefit from a pleasant, clear outlook, particularly from principal rooms. The proposed development comprises three onebedroom apartments, each with access to natural light and external views. The ground and first-floor units are considered to have acceptable outlooks from their principal living spaces, with windows facing Castlemona Avenue, which offers an active and open streetscape.
- 7.6.2 The second-floor apartment (Flat 3) presents a more constrained arrangement, with the lounge window facing Esplanade Lane, which offers a relatively poor outlook due to its narrow width and limited visual interest. However, the lounge forms part of an open-plan lounge/kitchen area, and the kitchen side benefits from a separate window facing Castlemona

- Avenue. While this is not an ideal configuration, the presence of a primary window within the same shared living space is considered sufficient to overcome the inherent limitation. The dualaspect nature of the room ensures that occupants would not be reliant solely on the Esplanade Lane elevation for light or outlook.
- 7.6.3 The apartments are provided with internal refuse storage and secure cycle storage at ground level, including space for four 240L wheelie bins for waste/recycling (one 240-litre bin for residual general waste, one 240-litre bin for cans and plastics, one 240-litre bin for cardboard, and one 240-litre bin for glass), and a ceiling-mounted bike bar. It is acknowledged that the layout of the bin and cycle store is not the most convenient, as some bins may need to be removed to enable the removal of certain bicycles. However, this minor inconvenience is considered to be outweighed by the significant public benefit of bringing a long-vacant building back into use, supporting urban regeneration and the delivery of new housing in a sustainable, accessible location, in accordance with Strategic Policy 1, which seeks to optimise the use of previously developed land and ensure efficient use of sites.
- 7.6.4 While no external drying space is proposed, this is not considered unacceptable given the urban context and the precedent for similar arrangements across Douglas. Tumble dryers are generally accepted as a practical alternative in such cases.
- 7.6.5 Overall, the proposal is considered to provide adequate private amenity for future occupants, with acceptable outlook, functional internal layouts, and appropriate service provision. The scheme is therefore judged to comply with Housing Policy 17 and the amenity standards set out in General Policy 2(g).

## - 8.0 CONCLUSION

8.1 The proposed development represents a sustainable reuse of a vacant property within the Douglas settlement boundary, delivering residential accommodation in a highly accessible location. The scheme is considered to respect the character of the building and surrounding townscape, provide adequate amenity for future occupants, and avoid significant impacts on highway safety or neighbouring properties. Subject to a condition securing revised refuse storage details, the proposal is judged to comply with the relevant provisions of the Isle of Man Strategic Plan and the Area Plan for the East and is therefore recommended for approval. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to:

- o applicant (in all cases);
- o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
- o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

- o any appellant or potential appellant (which includes the applicant);
- o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
- o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and

- o in the case of a petition, a single representative. _____________________________________________________________________________________________________

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made: Permitted Date: 29.09.2025 Signed : Mr Paul Visigah Presenting Officer

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.

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*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/32994-braddan-4-6-conversion/documents/1147577*
