DEC Decision Notice
Mr G Sayle 7 North View Peel IM5 1DH
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 HVC Ltd, Ref 22/00289/GB, for the Installation of replacement windows (in association with 22/00291/CON) at Harbour View 31 Castle Street Peel Isle Of Man IM5 1AL for the following reason(s):
- The proposals fail the statutory tests within section 16 of the Town and Country Planning Act 1999 as they do not preserve the building or its special interest. In addition to the statutory test, it is also judged that the proposals fail the tests of Strategic Policy 4, Environment Policies 32 and 34 of the IOM Strategic Plan 2016 as the registered building is not being protected, the registered building's character is being detrimentally affected and the materials are not traditional. It is also judged that the proposals fail to meet the tests of Planning Policy Statement 1/01 and environment policy 35, as the character of the conservation area is not being preserved or enhanced. It is therefore judged to be unacceptable.
Date of Issue: 7th April 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.
