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Manx Development Corporation 22-24, Victoria Street Douglas IM1 2LE
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 Department For Health And Social Care, Ref 22/00254/B, for the Conversion and extension of nurses' home to provide 37 apartments and cafe with takeaway with associated car, motorcycle and bicycle parking and landscaping at Nurses Home Westmoreland Road Douglas Isle Of Man IM1 4AJ .
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.
Reason: To promote sustainable travel in the interests of reducing pollution, congestion and given the lack of parking provision within the site.
A- 17701 REV P1 and 2781_LG(9-)01 REV P0. The secure and covered bin stores shall be retained at all times thereafter for this purpose.
Reason: To ensure adequate and appropriate bin storage.
Reason: To improve the residential amenities of the occupants of the ground floor apartments.
This approval relates to the submitted documents and drawings reference numbers all received;
10.03.2022
IOM- EWA- ZA- ZZ- GA- A- 70502 REV P1
NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 30th January 2023. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.
This decision has been made for the following reasons(s) The proposed application requires a balanced decision, against the scheme is the "clear and pleasant" outlooks for some of the apartments to the rear of the building, the lack of affordable housing provision on the site at this time (albeit off set for a future development or a commuted sum payment) and lack of on-site parking. These factors go against the application.
However, a balance needs to be taken and whether the positives of developing the site sufficient outweigh these concerns or not. In favour the site is designated for mixed use and this proposal for residential and for a café would comply with this designation and fit well within this area of Douglas, which is the main settlement for housing, services, education, shops, employment & public transport and the most sustainable town on the
IOM. The aims of the IOM Strategic Plan and the Area Plan for the East both promote sustainable developments which can utilise existing services and have good transport links. Clearly, therefore the principle of developing the site for residential development/cafe weight in favour of the application. Further, the proposal to redevelopment an existing building of architect, historical and social interest, while extending in a sensitive and appropriate way all weighs significantly in favour of the development.
On balance, and in light of the above, it is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan 2016, Residential Design Guide 2021 and the Area Plan for the East 2020 and therefore it is recommended the application is approved.
Date of Issue: 31st January 2023
Director of Planning and Building Control
Guidance Note
This decision was made by the Planning Committee in accordance with the authority delegated to it.
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 £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.
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