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Mr John Wilson Kempis House Orrisdale Road Ballasalla IM9 3AE
TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019
In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Mr & Mrs Phillip & Ashley Evans, Ref 24/00782/GB, for the Alterations and refurbishment works to dwelling and creation of parking area off Victoria Place (in association with RB consent application 24/00784/CON) at 10 Victoria Terrace Douglas Isle Of Man IM2 4EU .
Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).
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.
This decision relates to drawings 318/001, 318/002, 318/010 and 318/021 received 16th July 2024, and 318/020revA received 27th August 2024.
This decision has been made for the following reasons(s)
The proposals are considered to pass the statutory test within section 16 of the Town and Country Planning Act 1999 as the building's architectural and historic special interest is being preserved. Whilst some alterations are proposed to the building's plan form, any harm from these alterations is judged to be offset from the removal of the secondary glazing, the restoration of the internal panelling around the windows, the replacement of modern roof lights with low-profile conservation style roof lights and the overall renovation and long-term safeguarding of the building. The proposals are also judged to be in accordance with Strategic Policy 4 and Environment Policy 32 of the IOM Strategic Plan 2016, together with Policies RB/3 and RB/5 of Planning Policy Statement 1/01 as the building's special interest is being protected and preserved. The creation of an off-street parking area at the rear of the property is very similar in form to those in place at number 7 and number 9, and is therefore judged to respect the site and its surroundings. While the loss of the existing trees is regrettable, the proposed landscaping is judged to mitigate this loss and the overall impact on the site's ecology is considered to be acceptable. With all of the above factors in mind, the application is judged to be acceptable.
Date of Issue: 12th September 2024
J CHANCE Director of Planning and Building Control
Guidance Note This decision was made by a Principal Planner in accordance with the authority delegated to them. This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.
A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.
Implementation The decision does not become final until either Any appeal has been concluded; or 21 days have passed since the date on this notice and no appeal has been submitted
Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.
Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.
Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: the grounds for making the appeal; payment of the planning appeal fee (currently £355); and
if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £130). Where the appeal is submitted by the applicant they must:
specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.
Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated. An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) 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.
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