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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 Mr G Roberts The Nook Stanley Mount East Ramsey IM8 1MP 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 Mr Kenneth Devaney, Ref 24/00199/B, for the Conversion of Former Ground Floor Restaurant and First Floor Function Room Into four Apartments, roof alterations for the creation of a second floor terrace for existing apartment. at Shipdesign House East Quay Ramsey Isle Of Man IM8 1BA for the following reason(s): 1. The site is located on the quayside adjoining Ramsey Harbour and lies within in a High Risk Flood Zone in respect of tidal flooding. The proposed development is unacceptable because it would involve the provision of sleeping accommodation at ground floor level. This would be compounded by the fact that no cellar floor plan is submitted either as part of the existing use /layout of the premises, or for any intended future use. This would further add to concerns regarding the change of use to residential accommodation and the potential impact for occupants' safety should a flood event occur. In addition, insufficient flood prevention measures and/or flood mitigation measures have been proposed as part of the development to avoid the potential for flood risk and consequent harm to the personal safety of occupants of the ground floor apartments. This is contrary to the provisions of General Policy 2 (l), and, Environment Policy 10 in the Isle of Man Strategic Plan 2016. 2. The proposed new apartment 4 will not be served directly by a kitchen window. Its bedroom, bathroom and terrace will have their windows facing east towards Mona Street away from the harbour, and directly onto the side wall of the neighbouring structures at the rear of the Royal Hotel, and rear yards at Nos. 12 and 14 Market Place East. As such, the terrace/windows from Apartment 4 would provide an outlook over the gable wall a few metres away; and, over these neighbouring properties back yards. This would provide an unacceptably poor outlook and low level of amenity for future occupants of Apartment 4. In this regard, the development would be unacceptable and would fail to accord with the provisions of Policies GP2 and H17 in the Isle of Man Strategic Plan 2016. 3. The proposal in respect of the proposed addition of the terrace/windows in the south side of the building to serve Apartment 4 would provide an outlook over the gable wall a few metres away; and, over neighbouring properties back yards located immediately to the south. This would provide an unacceptable degree of overlooking, observation and loss of privacy to occupants of these neighbouring properties. In this regard, the
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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 development would be unacceptable and would fail to accord with the provisions of Policies GP2 and H17 in the Isle of Man Strategic Plan 2016. Date of Issue: 6th August 2024 J CHANCE 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 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 £355); 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 £130). 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 (should one have been received) 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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