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Application No.: 25/90455/B Applicant: Mr Scott McKenzie Proposal: Conversion of shop to residential unit; replacement of shopfront with infill blockwork/windows, creation of new side entrance, erection of outbuilding to rear; first floor extension with dormer to rear; re-roofing and replacement of windows throughout. Site Address: 7 And 7A High Street Port St Mary Isle Of Man IM9 5DP Planning Officer: Russell Williams Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.07.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: In the interests of preserving the character and appearance of the building and Conservation Area.
Reason: for the avoidance of doubt and to ensure that the development is used in accordance with the approved details.
The proposed development will bring a vacant property back into a viable use and one that is compatible with the surrounding area. The change of use from retail to residential is considered to be acceptable based upon the information provided. The proposed alterations
and extensions to the building are considered to be acceptable in design terms and will ensure that the building continues to make a positive contribution to the character and appearance of the Conservation Area. The proposals therefore comply with General Policy 2, Environment Policy 35, Housing Policy 17 and Community Policy 3 of the Strategic Plan.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date 1 May 2025:
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Port St Mary Commissioners - No objection DOI Highway Services - No Objection
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The application site comprises a 2.5 storey end terrace property that is split into a ground floor retail unit with first floor flat and storage space within the roof space. - 1.2 The building is generally finished in rendered walls with slate roof and uPVC windows. The shop front window and doors are of timber and painted. - 1.3 The property is served by a rear courtyard which can be accessed on foot. - 1.4 The site is within the town centre area of Port St Mary and is generally surrounded by residential properties.
2.0 THE PROPOSAL - 2.1 The application seeks planning permission for the change of use of a ground floor retail unit to a residential flat, replacement of the existing shop front, erection of an extension and dormer window to the rear and a new outbuilding for storage within the courtyard. The existing building will be re-roofed and all windows will be replaced throughout. - 2.2 The ground floor retail unit will be converted into a two bedroom flat with two bathrooms, dressing room, kitchen, living and dining space. It will be accessed via a new doorway to the south elevation. - 2.3 The existing shopfront will be removed and the opening infilled with rendered blockwork and window openings formed to match style of the new windows also proposed. All
3.0 PLANNING POLICY - 3.1 The site lies within an area designated as Mixed Use on the Area Plan for the Area Plan for the South. The site is within the Port St Mary Conservation Area but is not within an Area of High Landscape or Coastal Value and Scenic Significance or a Flood Risk Zone. - 3.2 Mixed Use Proposal 2 within the Area Plan for the South states that "Within the Port St Mary Mixed Use area alternative uses to retail use on the ground floor of units may be acceptable if such uses would add to the vitality and viability of the Village. Residential uses will not normally be accepted, subject to the circumstances and merits of such a use. Applications will be considered on their merits taking into account the proposed use, impact on adjacent properties and impact on the character and appearance of the area." - 3.3 General Policy 2 of the Strategic Plan is considered applicable, which states: "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:
3.4 Housing Policy 17: "The conversion of buildings into flats will generally be permitted in residential areas provided that:
3.5 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." - 3.6 Community Policy 4 states that "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."
4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".
5.1 No planning history of material planning relevance. - 6.0 REPRESENTATIONS
6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows: Port St Mary Commissioners - No objection
DOI Highway Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the proposed use would have a similar or less parking demand to the existing use, subject to cycle storage shown on the approved plan being conditioned on permission and retained thereafter (for sustainable travel purposes).
6.2 No representations have been received from members of the public. - 7.0 ASSESSMENT
7.1 The key considerations in the determination of the application are: Principle of development Impact on residential amenity Impact upon the character and appearance of the area Transport and highway safety PRINCIPLE OF DEVELOPMENT
7.2 The application site is located within the centre of Port St Mary, where the land is zoned as "Mixed Use". IN this regard it is pertinent to note that Mixed Use Policy 3 of the Area Plan states that "Residential uses will not normally be accepted, subject to the circumstances and merits of such a use."
7.3 In addition to the above, Community Policy 3 seeks to prevent the loss of retail uses and public houses unless it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable. In providing information on the historic use of the retail unit and its viability, the Agent has confirmed that the unit is understood to have been vacant for approximately ten years. They have also stated that "the general decline in retail in the area over the last decade or so, the fact that this property has not been in use as a shop for in excess of 10 years and the parking situation should be suffice to demonstrate that a shop in this location is no longer commercially viable." - 7.4 It is pertinent to note that the area around the application site and along High Street is now dominated by residential properties with many former retail and other business uses having been lost to residential. Having visited the site, it would appear that the area experiences a low level of footfall and is set away from the main economic activity to the northern side of the town. - 7.5 Although the application sits within an area of mixed use, the nature of the surrounding properties on the High Street are predominantly residential. Whilst no information has been submitted relating to financial viability, having regard to the general absence of retail and other commercial uses in the surrounding area and the prevalence of such facilities elsewhere in the town, the viability of a retail use here is accepted to be poor. Given the dominant residential use and historical approvals for the change of use of businesses to residential in the area, the proposed change of use in this instance would not be out of keeping with the surrounding area and complies with relevant planning policies. IMPACT ON RESIDENTIAL AMENITY - 7.6 The change of use of the ground floor retail unit to a flat will have no material impact upon the amenity of neighbouring residential properties. - 7.7 Regarding the proposed courtyard extension for a home office and store/bathroom, it is noted that the height of the extension is relatively limited, being flat roofed and will be contained behind the existing courtyard wall in the main. As such the extension will not result in any significant loss of light or outlook to neighbouring properties. - 7.8 Having regard to privacy, it is noted that neighbouring yard areas are already overlooked by first floor accommodation and thus the addition of the rear first floor extension will not exacerbate the existing situation to an unacceptable degree. The proposed dormer window to the rear will serve a stairwell in order to provide the necessary headroom to access the roof space. As it will not serve a habitable room the impact of views out of the dormer towards neighbouring properties is considered to be an acceptable relationship. - 7.9 Overall the development will not adversely impact upon residential amenity and accords with General Policy 2 in this regard. IMPACT UPON THE CHARACTER AND APPEARANCE OF THE AREA - 7.10 The site is not a registered building but is located within the Port St Mary Conservation Area. Consideration therefore needs to be given to the impact of the proposed alterations to the external appearance of the building, having regard to Section 18(4) of the Town and Country Planning Act (1999), Environment Policy 35 and General Policy 2.
7.11 The area along High Street is characterised by close knit terraced buildings that are generally two storey in scale and finished with rendered walls and slate roofs. The buildings contain a wide range of traditional designs, with some having bay windows and window designs vary widely. The street scene has retained a traditional appearance but many of the former shop fronts have been lost following the conversion of ground floor units to alternative uses. - 7.12 The proposed removal of the existing shop window and its replacement with four well balanced smaller windows and rendered walls will help towards creating a uniform appearance throughout the front elevation of the building whilst providing the new residential unit with an acceptable element of light.
7.12 The replacement of windows and doors will see new uPVC double glazed units installed. Windows to the north elevation have previously had permission to change to uPVC. Those now proposed have the same opening mechanism as the previous approval and the changes to other windows to the side and rear of the building generally have the same opening mechanisms or propose an improved option compared to existing top hung casements. The proposed pattern and sections of glazing bars are acceptable. The proposed windows are considered to be of a uniform appearance and in keeping with the entire front elevation, which will help to preserve the setting of the building and its contribution towards the character and appearance of the Conservation Area. - 7.13 Regarding the proposed rear extension outbuilding and dormer window, the design is traditional and follows design guidance, including the materials. The extension and outbuilding sit quietly to the rear where the site is not visible from public vantage points. As such it is considered that there will not be any significant adverse impact upon either the original building or character and appearance of the Conservation Area. - 7.14 Overall, the proposed alterations are considered to comply with General Policy 2 and Environment Policy 35. TRANSPORT AND HIGHWAY SAFETY - 7.15 The application site is located within the centre of the town which is a sustainable location for new residential development. The proposals will result in the creation of one additional flat over and above the existing first floor accommodation. Whilst the development does not propose any vehicle parking, the town centre location is considered a suitable one for car free development with space available locally for parking, which would not result in any harm to highway safety. - 7.16 The development includes the provision of cycle storage which meets policy requirements. - 7.17 It is noted that Highway Services do not object to the proposals which are considered to be acceptable in transport term.
8.1 The proposed development will bring a vacant property back into a viable use and one that is compatible with the surrounding area. The change of use from retail to residential is considered to be acceptable based upon the information provided.
8.2 The proposed alterations and extensions to the building are considered to be acceptable in design terms and will ensure that the building continues to make a positive contribution to the character and appearance of the Conservation Area.
8.3 The proposals comply with General Policy 2, Environment Policy 35, Housing Policy 17 and Community Policy 3 of the Strategic Plan and it is therefore recommended that planning permission is granted. - 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:
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):
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make
comments in a professional capacity they cannot be given the Right to Appeal.
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status, and/or rights to appeal.
Decision Made : Permitted Date : 14.07.2025 Determining Officer
Signed : S BUTLER Stephen Butler Head of Development Management
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