Refusal Decision Notice
Town and Country Planning Act 1999
Town and Country (Development Procedure) Order 2005
Samson Designs Mr S T Samson The Workshop Park Road Port St Mary
In pursuance of powers granted under the above Act and Order the PLANNING COMMITTEE of the Department of Infrastructure does hereby REFUSE the following application made on behalf of:
Name: Mr William Bregazzi Proposal: Conversion of ground floor shop into living accommodation and installation of windows to replace existing shop front at: 23 Bay View Road Port St. Mary Isle of Man IM9 5AQ
which was considered on 29th April 2010, for the reasons set out below.
Date of Issue: 12th May 2010 Murray House Mount Havelock Douglas
Mrs P Faragher Deputy Secretary to the Planning Committee
Reason(S) For Refusal:
- Community Policy 4 of the Strategic Plan states: "Development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable". Whilst the applicant has provided information to demonstrate that the premises are not attractive to commercial occupants, the Committee is not satisfied that there is, or could not be a demand for commercial use of the premises and the loss of the shop and external alterations will undermine the retail character of this stretch of Bay View Road and have an adverse impact on the vitality and viability of the shopping centre, to the detriment of the amenities of the residents of the village.
This decision was made by the Planning Committee constituted in accordance with Article 3(1) of the Town and Country Planning (Development Procedure) Order 2005.
Guidance Note
The decision contained in this notice does not become final until either;
- The time for requesting an appeal has expired; or
- Any appeal has been determined;
Whichever is the later. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/ dlge/planning/plan/applications/decision.xml
A copy of the Officer's report, which led to this decision, is attached for reference. This report, together with correspondence relative to the application, is available for inspection by anyone wishing to view it at the Department.
