30 January 2026 · Delegated
Flat 6b, Clinches Court, Douglas, Isle Of Man, IM1 4lh
The application is for an additional use as tourist accommodation (Class 3.6) at Flat 6B Clinches Court, Douglas Isle of Man. The site is described as the residential curtilage of Flat 6B within the Tower part of the wider Clinches Court complex, which includes flats, offices, shops and a restaurant. The Tower is described as four stories high with a fifth storey in the roof space and built in random rubble stonework. The decision was determined to approve the application, and the portal outcome is recorded as permitted. The officer report key issues referenced include the Section 15(1b) test, the Section 18(4) test, and the principle.
The Department determined to approve the application for additional use as tourist accommodation (Class 3.6) at Flat 6B, Clinches Court, Douglas (Ref 25/90949/C). The decision notice records the formal wording as “determined to APPROVE” and the portal outcome is recorded as permitted. The officer report highlighted consideration of the Section 15(1b) and Section 18(4) tests, alongside the principle, in reaching the outcome. The formal decision record lists 1 condition.
Town and Country Planning Act (1999)
complies with Section 15(1b) and 18(4)
Town and Country Planning Act (1999)
complies with Section 15(1b) and 18(4)
Environment Policy 35
complies with Section 15(1b) and 18(4) of the Town and Country Planning Act (1999) and Environment Policy 35
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.
General Policy 2
complies with Section 15(1b) and 18(4) of the Town and Country Planning Act (1999) and Environment Policy 35, 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
Strategic Policy 8
complies with Section 15(1b) and 18(4) of the Town and Country Planning Act (1999) and Environment Policy 35, General Policy 2, Strategic Policy 8
Strategic Policy 8: Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man - made attractions. 4.4.5 This policy reflects the general restriction on new development outside defined development zones. Tourist proposals in the countryside will normally be required to meet the above criteria. 4.4.6 Viable and vibrant town and village centres not only provide the opportunity for economic success, but also provide convenient and accessible amenities for all members of the community and an opportunity to obtain renewal of some of our poorer built fabric. Accordingly:
Environment Policy 22
complies with Section 15(1b) and 18(4) of the Town and Country Planning Act (1999) and Environment Policy 35, General Policy 2, Strategic Policy 8, Environment Policy 22
Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.
Business Policies 11
complies with Section 15(1b) and 18(4) of the Town and Country Planning Act (1999) and Environment Policy 35, General Policy 2, Strategic Policy 8, Environment Policy 22, Business Policies 11
Business Policy 11: Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designat ions which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be (1) Tourism Strategy 2004 - 2008 Fit for the Future Department of Tourism and Leisure April 2004 situations where existing rural buildings could be used f or tourist use and Environment Policy 16 sets out the circumstances where this may be permitted.
Transport Policy 7
complies with Section 15(1b) and 18(4) of the Town and Country Planning Act (1999) and Environment Policy 35, General Policy 2, Strategic Policy 8, Environment Policy 22, Business Policies 11 and 13 and Transport Policy 7
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.
Policy RB/4
Policy RB/4 which seeks that a change of use of a registered building is compatible with the fabric, interior and setting of the building
POLICY RB/4 USE In considering a proposal for change of use of a registered building, the principal aim should be to identify the optimum viable use that is compatible with the fabric, interior and setting of the building, all of which affect its special character as a building of merit. An applicant will have to illustrate that the effect of any proposed changes upon the architectural and historic interest of the building will be minimised.
Environment Policy 33
Environment Policy 33 which seeks the same as above
Environment Policy 33: The change of use of Registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest. 7.28 Traditional Building Materials 7.28.1 Traditional building materials can be classified as stone for walls , slates for roofs and softwood for window frames. Local materials help to form the character of settlements in the Island. For example, sandstone was a common building material in the development of much of the older parts of Peel and limestone was historically used in Castletown. Whilst the original sources of some materials are no longer operating, reclaimed material from old buildings is often available. Such re-use will be particularly encouraged where sites are to be redeveloped and there is evide nce of material on site which can be recycled and reused. It will, however, not be appropriate to demolish historic buildings merely to reclaim usable materials. Another important aspect when attempting to retain the historic building stock is the use of the most appropriate mortar; common across the Island's built environment has been the use of lime-based mortar and washes.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.