PA08/1733 Appeal Decision Notice

Fille Copy - Po Mot Kenove Appendix B

Department of Local Government and the Environment

Rheynn Reiltys Ynnydagh as y Chymmyltaght

Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Tel: (01624) 685859 Fax: (01624) 685945 E-mail: [email protected] Chief Executive K. A. Kinrade

Please reply to the Chief Executive

Our ref: KAK/MC

20th May 2009.

Dear Sir/Madam,

ON APPEAL: PA08/1733 - Mrs. S. Gary - Change of use of five holiday apartments to five residential apartments, Seacliffe, 6 Church Road, Douglas, IM1 2HQ

I refer to the recent appeal hearing in respect of the above planning application.

In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.

The Minister has considered the report, concurs with the appointed person's conclusions, and accepts the recommendation that the appeal should be allowed. Accordingly, he has directed that the decision made under Article 6 of the Town and Country Planning (Development Procedure) Order 2005 to refuse permission should be reversed, and that approval should be granted subject to the conditions set out in paragraph 26 of the report. Formal notice of this decision is attached.

In paragraphs 10-14 of the report, the appointed person addresses a number of legal points which relate not only to this appeal, but also to more general matters. The Minister has directed that this part of the report should be referred to the Director of Planning and Building control and, if appropriate, the Department's legal advisers for consideration.

Yours faithfully,

K. Kinrade

Chief Executive.

Please see over for circulation list/......

Circulation List - PA08/1733

1. Ms. P. S. Newton, 2 Glen View, South Cape, Laxey, IM4 7HY;
2. Mrs. S. Gary, Seacliffe, 6 Church Road, Douglas, IM1 2HQ;
3. BRW Architectural, Beaconsfield Cottage, Richmond Hill, Braddan, IM4 1JG;
4. Douglas Corporation, Town Hall, Douglas;
5. Tourism \& Leisure Division, Department of Tourism \& Leisure, St. Andrew's House, Douglas;
6. Environmental Health Office, DLGE;
7. Mr. W. Tickle, Finch House, Finch Road, Douglas;
8. Highways \& Traffic Division, DOT, Sea Terminal Buildings
9. Secretary, Planning Committee;
10. Chairman and Members of the Planning Committee;
11. Secretary, Planning Appeals Inspectorate;
12. Mr. T. O'Hanlon, Treasury;
13. The Editor, Isle of Man Newspapers, Peel Road, Douglas;
14. Manx Radio Newsroom, Douglas Head, Douglas;
15. Mrs. J. Clague, The Cottage, St. Nicholas Field, Breeze Hill, Laxey, IM4 7DL;
16. Radio 3FM, 45 Victoria Street, Douglas, IM1 3RS;
17. Energy FM, 100 Market Street, Douglas, IM1 1PH.

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure) Order 2005

TO: Ms. P. S. Newton, 2 Glen View, South Cape, Laxey, ISLE OF MAN, IM4 7HY [Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby APPROVE the application by Mrs. S. Gary - Change of use of five holiday apartments to five residential apartments, Seacliffe, 6 Church Road, Douglas, IM1 2HQ, subject to compliance with the following conditions:-

1. The development hereby permitted shall commence before the expiration of four years from the date of this permission.
2. This permission relates to the change of use to five residential apartments as shown on Drawing No. 08/88/01 and described in the supporting statement from BRW Architectural date-stamped 8th September 2008.

Dated this 20th day of May 2009.

By Order of the Minister

Murray House, Mount Havelock, Douglas, Isle of Man.

Chief Executive

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.