28 June 2011 · Delegated
The Bridge Inn, New Road, Laxey, Isle Of Man, IM4 7be
This application sought permission to convert the Bridge Inn public house on New Road in Laxey into five residential apartments, with associated parking. The application was refused on 28 June 2011. The decision-maker found that the pub is a facility of benefit to Laxey and the wider community, and the applicant had not submitted any evidence to show that the existing use was no longer commercially viable or could not be made so. This failure to justify the loss of the community use was the primary reason for refusal. A second, independent reason for refusal was that the proposed conversion did not provide sufficient on-site car parking to serve five apartments, making it unacceptable on highway and residential amenity grounds regardless of the community facility issue.
The application was refused on two grounds. First, the applicant provided no evidence that the Bridge Inn was no longer commercially viable as a public house, meaning its loss as a community facility could not be justified. Second, the proposed conversion did not include enough on-site car parking to serve five apartments.
Refusal Reasons
Laxey and Lonan Area Plan Order 2005
Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential.
Laxey and Lonan Area Plan Order 2005
Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance
Isle of Man Strategic Plan 2007
the proposal fails to satisfy the car parking requirement and is contrary to the provisions of General Policy 2
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Isle of Man Strategic Plan 2007
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area
Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
Isle of Man Strategic Plan 2007
Housing Policy 17: The conversion of buildings into flats will generally be permitted in residential areas provided that: (a) adequate space can be provided for clothes -drying, refuse storage, general amenity, and, if practical, car-parking; (b) the flats created will have a pleasant clear outlook, particularly from the principal rooms and (c) if possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area. 8.13.4 In recent years, interest has grown in the development of residential dwellings from redundant commercial space, primarily above shops. In the United Kingdom, inspira tion for such development came from the LOTS initiative (Living Over The Shop) started in 1989 and the FOS programme (Flats Over the Shop), set up in 1991. The Department generally supports the conversion of redundant storage space above shops (which are often outside of residential areas), into residential development unless the occupants would suffer adverse noise, general disturbance or loss of residential amenity from other land uses. 8.14 Loss of Housing 8.14.1 In the current housing situation, the Department is concerned to ensure that there is no unwarranted loss of existing housing which is fit for habitation or could be made so at reasonable cost.
Isle of Man Strategic Plan 2007
the proposal results in the unjustified loss of community facilities, with the planning application being contrary to the provisions of Community Policy 4
Community Policy 4: Development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable. 10.9 Hospitals 10.9.1 The new hospital located in Braddan is now operational, and any further land-use requirements arising therefrom are dealt with in the re levant Area Plan. Likewise, any land - use requirements arising from regional facilities will be addressed by the appropriate Area Plans. 10.10 School Sites 10.10.1 Schools play an important role as a focus for community activity, providing not only schooling for children but also adult education, sports facilities, and cultural and social opportunities. This is especially true in our smaller villages. The continued viability and accessibility of village schools will therefore be one of the more important criteria to which the Department has regard when preparing new Area Plans. In the preparation of Area Plans, the Department will consult with the Education Departm ent on such criteria . Also, an increasing population, and changes in the profile and distribution of the population, are leading to demand for new and extended schools. Accordingly, the following policy is appropriate:
Isle of Man Strategic Plan 2007
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
