DEC Decision Notice

Shearwater Properties Limited Masonic Buildings Water Street Ramsey IM1 1RD

Town and Country Planning Act 1999 ------------------------Town and Country Planning (Registered Buildings) Regulations 2013 ---------------------------------------------------------------------------------------------------------In pursuance of powers granted under the above Act and Regulations the Department of Environment, Food and Agriculture determined to APPROVE an application by Shearwater Properties Limited, (Ref 19/00235/CON) to remove Former Farmers Combine Warehouse 33 West Quay Ramsey Isle Of Man from the Protected Buildings Register for the following reason(s):

In considering the application to de-register the building, taking into account the Statutory Criteria set out in the Town and Country Planning Act 1999 and the Operational Policy on Principles of Selection for the Registration of Buildings 2018, and the representations made, it was determined that the entirety of the building did not reach a sufficiently high bar to be of architectural or historic interest in the national context.

Sections 14 to 16 of the Town and Country Planning Act 1999 impose special controls on the demolition, alteration and extension of registered buildings. As this property has been removed from the Register, those controls cease to apply to it.

The effect of this decision is that the property has now been removed from the Protected Buildings Register, and therefore is no longer accorded Registered Building status.

Date of Issue: 15th October 2019

Director of Planning and Building Control

Guidance Note

The effect of this decision is that the building has been removed from the Protected Buildings Register. However, under Regulation 11 Appeal to the Minister;

(1) An appeal from a decision of the Department may be made by the applicant or the applicant’s agent and any interested person in writing to the Department within 21 days of the date of the notice under regulation 10(1), signed by that person and must include –

(a) the reasons for making the appeal;
(b) Payment of a planning appeal fee as prescribed in an order made by the Department under section 1(1) of the Fees and Duties Act 1989; and

(2) The Department must refer the documentation received under paragraph (1) as soon as practicable to the Chief Secretary.

Note: section 20 of the Interpretation Act 1976 enables the Chief Secretary’s powers under these Regulations to be delegated.

(3) Within 10 working days if the receipt of the documentation, the Chief Secretary must -

(a) if the appellant has elected to have the appeal conducted by means of written representation, invite the Department or any interested person within 21 days of the invitation to indicate whether the invitee would prefer an inquiry; and
(b) in all cases invite the appellant, the Department and any interested person to send detailed written submissions to the Chief Secretary within 21 days of the date of invitation, which period may be extended on request at the Chief Secretary’s discretion, for consideration by the planning inspector.

(4) With respect to appeals to be conducted by means of written representations only, the Chief Secretary may invite the submission of additional written submissions within 14 days from the date of such invitation.
(5) If the appellant or any interested person requests the appeal to be conducted by means of an inquiry, the appeal must be conducted by such means unless all persons making such a request elect instead for the appeal to be conducted by means of a written representation.
(6) The Chief Secretary must refer an appeal under paragraph (1) to a planning inspector.
(7) The planning inspector –

(a) must consider the application and any written submissions made with respect to it;
(b) may in the case of an inquiry only, hold a pre-inquiry meeting to be convened at his or her behalf by the Chief Secretary;
(c) must in the case of an inquiry only, give to the appellant, the Department and every interested person, an opportunity to appear before him or her on a date fixed and to make oral representations and to call and examine witnesses;
(d) may invite any Government Department (including any Division of the Department) or any other body or person to provide technical advice; and
(e) must make to the Department a report in writing that includes the planning inspector’s recommendations as to the determination of the appeal.

(8) The Department must consider the report of the planning inspector and –

(a) must either allow or dismiss the appeal; and
(b) may in either case reverse or vary any part of its decision, whether or not the appeal relates to that part.

(9) As soon as practicable after the determination of the appeal, the Department must give notice in writing of the decision to the appellant and every interested person, and the notice –

(a) must include details of where the report of the planning inspector can be viewed; and
(b) if, and to the extent that, the decision does not follow the recommendation of the planning inspector, must state the reasons for the decision of the Department.

(10) The appellant may withdraw the appeal by giving notice in writing to the Chief Secretary at any time before –

(a) 7 days from the date scheduled for the commencement of the inquiry; or
(b) in the case of the written representation procedure, at any time before the final date of receipt for written submissions.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Environment, Food and Agriculture, Planning and Building Control, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Tel 685950 email [email protected]

DEC Decision Notice

Source & Provenance