Consultation 2 Douglas Borough Council

Mr Patrick Dwyer 51 Castlemona Avenue DOUGLAS

29 September 2017 Dear Mr Dwyer

RE Planning Application 17/00963/13, 49 Castlemona Avenue, Douglas

I write further to your undated letter to the Council regarding the above property, which in turn referred to your letter addressed to the Planning Committee.

In your letter to the Planning Authority you indicate that you are "led to believe that the public right of way has been obstructed which restricts free right of passage (i.e Lover's Lane)". You also state that you "believe that Lover's Lane is owned by Douglas Borough Council."

I would advise that the footpath in question was referred to as Woodville Terrace Lane. This was a public right of way that existed between Broadway and the Arches at Mona Drive.

Having reviewed the Council's records the following is a minute from the then Douglas Corporation's Public Works Committee meeting held on 22nd June 1983:-

16. Woodville Terrace Lane

The Borough Engineer and Surveyor reported on the views expressed by the Isle of Man Highway and Transport Board with respect to the physical closure of Woodville Terrace Lane.

The Attorney General has advised that now the lane has been closed, the ownership of the surface of the lane has revested in the owners of the subsoil and neither the Board nor the Corporation has any further interest or responsibility in the lane whatsever. The future of the lane is a matter for the owners of the Castle Mona properties to determine as private property owners.

Resolved, "That the report be noted on the minutes and that the Isle of Man Highway and Transport Board be asked to inform the residents of the position

As can be seen from the minute the former right of way no longer exists and the land in question is owned by the residents of Castle Mona Avenue.

Yours sincerely

N J Kaighin Building Control Manager

Direct Line: 01624 696376 E mail: [email protected]

Copy to the Planning and Building Control Directorate.