183775

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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Hugh Logan Architects The Old Chapel 32-34 Malew Street Castletown Isle Of Man IM9 1AF 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 Empire Garages Ltd, Ref 19/00201/B, for the Demolition of garages and related structures and erection of three storey building to provide ground floor commercial/retail unit (classes 1, 2, and 3) with seven apartments above with associated parking and facilities (in association with PA 19/00202/CON) at Garage And Premises Stanley Road Peel Isle Of Man for the following reason(s): 1. The building, by virtue of its height, mass and design, would not preserve or enhance the character or appearance of Gib Lane for the benefit of users thereof. The development would therefore be contrary to Environment Policy 35 and General Policy 2e of the Strategic Plan. In addition, were the development of the site of 19/00199/B not to be undertaken, the rear elevation of the proposed building would be visible above the existing car showroom with a resultant deleterious effect on the character and appearance of the Conservation Area, contrary to General Policy 2b, c and g and Environment Policy 35 of the Strategic Plan. 2. The proposed development would not make adequate provision for car parking spaces within the building in accordance with the standards of the Strategic Plan (Appendix Seven) and there is insufficient information to demonstrate that this would not have an unacceptable impact on on-street parking and highway safety in the area. The development is therefore contrary to Transport Policy 7 and General Policy 2h of the Strategic Plan. 3. The development does not demonstrate that it would have an acceptable impact on highway safety, through the inclusion of features within or above the public highway which are not acceptable to the highway authority and by the absence of correctly drawn visibility splays at junctions. It has not been demonstrated that there is sufficient visibility for users of the proposed garaged parking spaces for them to be used safely. The proposal is therefore contrary to Transport Policy 4 and General Policy 2h and i of the Strategic Plan. 4. The proposal makes no provision for public open space or affordable housing. Given that the adjacent site is also owned by the applicant and is being proposed for development at the same time, and particularly as the development of the scheme shown in 19/00199/B relies upon the demolition of the buildings on the current application site,, or at least some of them, to provide the bin store and the widening of Gib Lane, it is considered appropriate to consider the cumulative impact of the developments which would together result in sufficient housing numbers to warrant requiring both affordable housing and public open space. No provision is being made for affordable housing and whilst a commuted sum has

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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 been referred to in respect of public open space, there is nothing definitive in the application to demonstrate the impact of this. It cannot be concluded that there is sufficient provision for affordable housing or public open space. The development is therefore contrary to Housing Policy 5 and Recreation Policies 3 and 4 of the Strategic Plan. Date of Issue: 16th August 2019 Director of Planning and Building Control

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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 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 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 current Fees Order; · 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/planning- applications/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. 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.