Isle of Man pub conversion refusal broke planning rules

The Liverpool Arms was opened in 1850 and was previously popular with TT visitors

A former Isle of Man minister breached planning procedures when he decided a rural pub should not be converted into a private home, a deemster has ruled.

Environment, Food and Agriculture Minister Geoffrey Boot dismissed Heron and Brearley's appeal to change the use of the Liverpool Arms in 2020.

He had overruled a planning inspector's recommendation to uphold the appeal.

First Deemster Andrew Corlett said the decision had to be quashed as Mr Boot had broken "procedural fairness" rules.

In 2019 planners turned down an application by the building's owners to change the pub in Lonan, which had closed in 2017, from commercial to residential and an appeal against the decision was also was rejected.

The following year, a new change of use application was made after the firm tried to sell the building as a pub for nine months without success, but it was again refused by the island's planning committee.

'Proper reasons'

When considering an appeal against that decision, a planning inspector concluded the lack of offers to buy the business meant it was "redundant as a pub" and the appeal should be upheld.

However, Mr Boot said it had "not been adequately demonstrated" it was no longer viable as it had not been marketed in the UK and dismissed the appeal.

As a result, Heron and Brearley submitted a doleance claim to the Manx courts which said the minister had failed to satisfactorily justify his reasons for disagreeing with the inspector.

Deemster Corlett said he failed to follow rules of "procedural fairness" by not notifying the firm of his intention to disagree, giving "proper reasons" for rejection of the inspector's conclusions, and allowing the brewery the opportunity to comment.

The Department of Environment, Food and Agriculture would now have to reconsider the appeal, the Deemster added.