9 December 2014 · Committee
1 Empress Apartments, Empress Terrace, Central Promenade, Douglas, Isle Of Man, IM2 4ee
The application concerned Flat 43 in a seven-storey apartment block within the Douglas Promenades Conservation Area, on a site zoned for tourist and residential use. The flat is fully self-contained with two bedrooms, an open-plan living area, and a basement parking space. The officer recommended approval, concluding the proposal complied with Isle of Man Strategic Plan policies, including Business Policy 13 on tourist accommodation and General Policy 2 on residential amenity, and that highway impact would be no worse than the existing residential use. However, the decision notice records a refusal on the grounds that the applicants failed to demonstrate the tourist use would not compromise neighbouring residents' amenities (Business Policy 13), and that short-term letting could have an unacceptably adverse effect on living conditions within the building (General Policy 2(g)). The portal records the outcome as permitted by committee on 9 December 2014. These two sources are directly contradictory and cannot be reconciled from the available data.
The portal records this as permitted by committee, consistent with the officer's recommendation that the proposal met relevant strategic plan policies. The decision notice, however, records a refusal on the basis that the tourist use risked harming the amenity of neighbouring residents in the apartment block. The conflict between these two sources means the true outcome cannot be stated with confidence.
Refusal Reasons
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
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
Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents.
the proposal would comply with the relevant planning policies
Business Policy 13: Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such u se would not compromise the amenities of neighbouring residents.
