DEC Decision Notice

JTM Architecture Ltd The Basement 16 Derby Road Douglas Isle of Man IM2 3ET

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 subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Miss Delia Maguire, Ref 22/00230/B, for the Part demolish of existing hotel maintaining front facade and erection of 15 replacement apartments, creation of a basement car park and associated bicycle storage at Trevelyan 18 - 19 Palace Terrace Queens Promenade Douglas Isle Of Man IM2 4NE for the following reason(s):

• 1. The proposal neither preserves nor enhances the character and appearance of the existing site within the Conservation Area, as such the proposal will negatively impact the Conservation Area and would be contrary to Section 18(4) of the Town and Country Act

(1999) and Environment Policy 35 of the Isle of Man Strategic Plan.

• 2. Insufficient information has been provided to determine whether the existing building can be retained including whether the front facade can be retained and incorporated into any new development and therefore the proposal would be contrary to Environment Policy 39 and Section 7.32 Demolition in Conservation Areas of the Isle of Man Strategic Policy and Policy RB/6 and CA/6 of Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man.
• 3. Insufficient information has been provided to adequate demonstrate any new development would not result in the replacement or alteration of a significant amount of the historical fabric of the existing building and therefore would not preserve or enhance the quality of the Conservation Area and would therefore be contrary to Environment Policy 35.
• 4. The proposal does not provide a suitable pleasant clear outlook from the apartments situated to the rear of the site, from the main principle room or the secondary principle room and as such is the proposal does not comply with Housing Policy 17.

Date of Issue: 24th November 2022

Director of Planning and Building Control

Guidance Note

This decision was made by a Principle 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.

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 £305); 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 £115).

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 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.