Decision Notice

Kay Associates Southgate House 89 Circular Road Douglas IM1 1AX

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to REFUSE an application by Mr Dennis Rodgers, Ref 17/01320/B, for the Demolition of existing building and replacement with mixed use development including restaurant/cafe/bar, 6 apartments on the upper floors, rooftop garden, and associated parking/refuse facilities at 22-23 North Quay Douglas Isle Of Man IM1 4LE for the following reason(s):

• 1. The proposal by way of its layout, scale, form and design would have a significant deleterious impact on the character and quality of the streetscene and is considered to be contrary to General policy 2 (b); (c) of the Isle of Man Strategic Plan 2016 .
• 2. The proposed design of the front façade would fail to preserve or enhance the character and appearance within Conservation Area within which it is located and is therefore contrary to Environment Policy 35 of the Isle of Man Strategic Plan.
• 3. The application site is identified as being within a flood risk area and there is no flood risk assessment put forward or mitigating design measurers to protect occupants of the building or the building itself to address the concerns of flood risk, it is therefore contrary to EP10 and GP2(l).
• 4. In the absence of any evidence for consideration to override the general presumption to retain building in this conservation area, the proposal would be considered contrary to EP39 and PP 1/01 as there is no justification to warrant an exception for demolition.
• 5. The design of the proposal in relation to the access to the residential apartments does not take account of personal safety or security and so is considered contrary to Strategic Plan policy GP2(m).

Date of Issue: 19th March 2018

Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management in accordance with the authority delegated to them in the name of the Minister and/or in the name and on behalf of the Department.

This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Whilst a copy of the Officer’s report is included alongside this notice, any wider correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

•  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2016 (currently £175);
•  The reasons for making the appeal; and
•  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.