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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/90003/C Applicant : Bravo Homes Ltd Proposal : Conversion from offices to five self-contained apartments for use as tourist accommodation Site Address : 18 Athol Street Douglas Isle Of Man IM1 1JA

Planning Officer: Paul Visigah Photo Taken : 19.03.2025 Site Visit : 19.03.2025 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 16.04.2025 __

Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 2. The holiday/tourist accommodation hereby approved shall be restricted to short-term holiday letting purposes only. In particular:

a) no individual shall reside on site in any accommodation hereby permitted for more than 28 consecutive days;

b) the owner/operator of the holiday accommodation shall maintain an up-to-date register of the names of all occupiers of the units. This register shall be made available within 1 calendar month of a written request by the DEFA Planning and,

c) the holiday accommodation hereby approved shall not be occupied as a person or persons' sole, or main place of residence.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

C 3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the apartments hereby approved shall

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be used only for the purpose hereby approved, as tourist accommodation units (class 3.6), and shall not be used for any other purpose without the express grant of planning approval from the Department.

Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.

C 4. The parking spaces allocated at the rear of the property shall be reserved exclusively for the use of the occupants of the tourist accommodation units hereby approved and retained as such thereafter. These spaces shall not be used for any other purpose, including by employees or visitors not staying in the tourist accommodation.

Reason: To ensure that the allocated parking spaces remain available for the proposed tourist use and to reduce parking pressures for local businesses and residents.

This application has been recommended for approval for the following reason. The proposed development meets the requirements of Section 18 of the Town and Country Planning Act 1999, General Policy 2, Strategic Policy 4, Strategic Policy 8, Business Policy 1, Environment Policy 35, and Transport Policy 7 of the Isle of Man Strategic Plan 2016, as well as the Area Plan for the East. It protects and preserves the character of the Conservation Area and does not adversely affect the surrounding townscape. The impacts on neighbouring properties, highway safety, and parking provision have been assessed and found to be acceptable, complying with the policies of the Strategic Plan. Therefore, the application is recommended for approval as it aligns with the relevant policies and provides economic and community benefits.

Plans/Drawings/Information;

This decision relates to the following documents and plans:

o Drg 01 Rev A - Existing Floor Plans o Drg 02 Rev A - Proposed Floor Plans o Drg 03 Rev A - Existing Elevations o Drg 04 Rev A - Proposed Elevations o Drg 05 Rev A - Location Plan o Drg 06 Rev A - Site Plan o Planning Statement

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Right to Appeal

It is recommended that the following organisations should be given the Right to Appeal on the basis that they have submitted relevant objections: o DOI - No objection o Douglas Borough Council - No objection

It is recommended that the owners/occupiers of the following properties should be given the Right to Appeal as they have submitted an objection that meets the specified criteria: o Joseph Bucknall Limited, 6-8-10 Upper Church Street, Douglas, who rent car parks 1 - 20, at St. George's Walk - Objection __

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Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR AN APPROVAL

1.0 THE APPLICATION SITE 1.1 The application site is the curtilage of 18 Athol Street, which is an unoccupied three- storey mid terraced Office building located on the northwestern side of Athol Street in Douglas within the Athol Street/Victoria Street Conservation Area. This property is served by a parking area accessed via a rear lane (St Georges's Walk) which feeds into Upper Church Street.

1.2 The property sits about 100m from the bus stops at Prospect Hill, about 53m from the Shaws Brow Car Park, 210m from the Drumgold Street Car Park, about 416m away from the Chester Street Car park, and about 357m from the Railway Station at Banks Circus. The site is also within close proximity to the Douglas Promenade and main retail area within the Douglas Town Centre.

2.0 THE PROPOSAL 2.1 Planning approval is sought for Conversion from offices to five self-contained apartments for use as tourist accommodation. The basement will feature a single one-bedroom apartment, while the ground floor will also house a one-bedroom apartment. Moving up to the first floor, there will be a two-bedroom apartment. The second floor is designed to include a one-bedroom apartment along with a lounge and kitchen, which will serve as part of a duplex. Finally, the attic floor will accommodate two bedrooms for the duplex apartment, with the lounge and kitchen located on the second floor.

2.2 There would be no changes to the external elevations of the building. There would be two parking spaces situated at the rear of the building.

2.3 The applicants have provided a Planning Statement which states the following: 1. The office building was formerly occupied by an accountancy company, although the site has been unused for approximately 2 years. 2. The building was originally The Court House Hotel until around 1869 when the building's name was changed to the Talbot Inn. The last mention of the Talbot Inn was around 1898. The building was reportedly converted into offices in 1930.

3.0 PLANNING POLICY 3.1 The site lies within an area designated on the Area Plan for the East 2020 as the St George's Mixed Use Proposal Area and along the Primary Office Frontage. The site also lies within the Athol St and Victoria St Conservation Area. The site is not prone to flood risks.

3.2 Area Plan for the East 2020 3.2.1 The following parts of the Area Plan for the East are of material relevance to the proposed development: 1. Mixed Use Area 4 - St George's This is the business district of Douglas and is characterised by offices, many serving financial institutions. Athol Street is notably the core of this area and is representative of the economic well-being of the Island. There is a smattering of food and drink uses supporting the area. The primary office frontage along Athol Street is notated by the hatched line on Map 5.

Town Centre - Mixed Use Proposal 4: There will be a presumption in favour of offices and financial and professional services along Athol Street. Within the area, but outside of Athol Street, offices, financial and professional services, food and drink and some residential uses will also be acceptable. Uses which conflict with these will generally not be supported. As this area lies partly within a Conservation Area, development plans should pay regard to the Conservation Area Character Appraisal for Athol Street and Victoria Street.

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Section 9.4: Area Plan objectives for town and village centres "9.4.1 This Plan recognises the principles of sustainable development when it comes to town and village centres and supports such areas being used for a mix of retail, office, food and drink tourism, cultural and residential development which all interplay together to help ensure the vitality of centres. Centres should be places where people work, live, shop, access local services and should be designed to minimise the need to travel and are accessible safely and conveniently by non-car modes of travel - walking, cycling and public transport. Signs of decline can be reversed by positive action to encourage increased activity to help re-vitalise the centres to ensure their continued viability."

Paragraph 9.5: Area Plan desired outcomes iii. Implementation of the Central Douglas Masterplan proposals. vi. Promotion of the town centre area as a residential location (especially on upper floors) to encourage evening activity and retain residential catchment expenditure. ix. Developed centres in terms of visitor destinations and general tourism offer.

Section 9.9: The Central Douglas Masterplan "9.9.1 The Masterplan was designed to assist the delivery of a new chapter in the development of Douglas by providing a strong vision for how Douglas can continue to progress and evolve. It set out a strategic direction and framework for the future development of Douglas to support long-term economic regeneration. The Masterplan is not a statutory document in itself, although it was approved by Tynwald. It was intended that it would be a material consideration in the determination of applications and be reviewed for inclusion in the Area Plan for the East. The Masterplan introduced a series of Character Areas that reflected the existing nature and uses of particular areas of Douglas town centre while identifying opportunities for growth and evolution. These Character Areas remain relevant and have been used as a basis for many of the Area Plan Proposals."

Paragraph 9.11.2:

"Development types within areas of mixed use generally comprise a variety of different but compatible uses. Appropriate new uses may include a mix of shops and some services (financial and professional), food and drink, office and light industry, research and development, tourist and residential uses, and other uses such as clinics or health centres, childcare or education, community facilities, and places of assembly and leisure. Uses which are not compatible with residential development will generally not be supported within the areas of mixed use."

3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 1. Environment Policy 35 - Seeks to preserve or enhance the character or appearance of Conservation Areas. 2. Environment Policy 42 - character and need to adhere to local distinctiveness. 3. Business Policy 1 - The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan. 4. General Policy 2 - General Development Considerations. 5. Strategic Policy 1 - development should make the best use of resources by optimising the use of redundant buildings and under-used land and buildings. 6. Strategic Policies 1, 2, 5 - relate to re-use of existing sites, location of new development within existing towns, and good design. 7. Strategic Policy 4 - Seeks to Protect or enhance the fabric and setting of Conservation Areas (etc.). 8. Strategic Policy 8 - Supports tourist development proposals where they make use of existing built fabric of interest and quality. 9. Transport Policy 4 - Highway capacity and safety considerations. 10. Transport Policy 7 - Parking considerations/standards for development.

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Community Policy 7, 10 and 11 - state that the design of new development must, as far as is reasonable and practicable, pay due regard to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes. 12. Paragraph 9.4.5: "It is accepted that in some circumstances a mix of uses can be appropriate within town centre locations such as residential flats above retail units or office accommodation, particularly where this can help to ensure the use of the area at different times during the day, thus helping to ensure the security and vitality of these areas."

3.4 TOWN AND COUNTRY PLANNING ACT 1999 3.4.1 S18 Designation of conservation areas (4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.

4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Planning Policy Statements: 1/01 POLICY AND GUIDANCE NOTES FOR THE CONSERVATION OF THE HISTORIC ENVIRONMENT OF THE ISLE OF MAN 4.1.1 POLICY CA/2 - Special Planning Considerations

4.2 CENTRAL DOUGLAS MASTER PLAN, 2015 4.2.1 Section 2: Socio Economic Overview 4.2.1.1 Economic "Tourism is a less direct employer (Tourist accommodation making up 1.6% of employment, rising 0.7% since 2006) however it is an important sector attracting 290,754 visitors in 20134. The number of visitors has fluctuated over the past 10 years considerably, peaking in 2004 at 340,902, declining to 275,203 in 2008."

4.3 ATHOL & VICTORIA STREET CONSERVATION AREA CHARACTER APPRAISAL (2007). The following Paragraphs relate to Tourism and Its Impact on Character 1. Paragraph 3.5: From the establishment of the Steam Packet Company in 1829-30 to the transfer of the capital to Douglas in 1869, the town assumed a new importance. It had become a fashionable place to live, and it was the capital of business as well as government. Athol Street developed as a mixture of residential, business and civic uses. Down the hill, Victoria Street took a new line through the old town, eventually linking with Prospect Hill and Athol Street. It became the principal shopping street of Douglas, swelled in the season by a growing visiting industry.

Paragraph 3.6: Though this was never the hotel quarter of the town, the architecture of tourism influenced the character of Victoria Street, as by 1870, three and four storey frontages with intricate decorative renders became the style adopted for the hotels and shopfronts of the town. Despite the depredations of 20th Century redevelopment, much of the original mid- Victorian character survives. Even the building designs of the 1960's and 70's for the most part respect the scale and form of the streets, contributing to the consistency of the conservation area, though not always to its quality.

Paragraph 4.7: As late as the mid 1890's, there were more than 60 dwelling houses in Athol Street, and approximately 20 shops. There had been one or two interesting additions, notably No 9, a tall brick building in an advanced neo Gothic style, built for the Isle of Man Times in 188- . A more modest example exists in No 32 (opposite). Of even greater impact is the group of three buildings erected on the corner of Prospect Hill between 1893 and 1899 as part of the contemporary street improvements. This must be one of the most spectacular street corners in Douglas, to rival the 'wedding cake' of the Legislative Buildings further up the Hill. The style is difficult to define - a mixture of neo-Gothic, Arts and Crafts and Queen Anne- but

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of equal impact is the choice of materials: rich stock brickwork with unusual red tiled canopies and elaborate joinery. St George's Chambers Is the best of the corner group, coping effortlessly with the steep rise of Prospect Hill.

4.4 Policy on the Development of Non-Serviced Accommodation 2019. 4.4.1 This document is an offshoot of the Isle of Man Non-Serviced Accommodation Futures - Final Report (2017). It sets out governments priorities as it relates to tourism, provides a summary of the non-serviced study, whilst also outlining the current visitor economy strategy, in addition to articulating the Island Policy towards tourism development.

4.5 Isle of Man Visitor Economy Strategy 2022-2032 4.5.1 The Strategy's headline targets are to grow the annual visitor numbers to 500,000 by 2032 and increase the annual economic contribution of the Island's Visitor Economy to £520m. This will mean attracting an additional 170,500 visitors per year compared to 2019. The aim is to triple the holiday and short break market as well as grow all of the other visitor markets. Combined with an expected increase in average spending per visitor, driven by strong growth in longer staying and higher spending leisure markets, these visitor numbers should result in a more than doubling of annual visitor spending on the Island to £310m, which will support an increase in Visitor Economy jobs to 5,000 and generate an annual Exchequer benefit of £49m.

5.0 PLANNING HISTORY 5.1 The site has been subject to the following previous applications: 1. PA 04/00036/B for Conversion of existing office into 2 separate offices including an extension to the rear elevation. This was approved by the Planning Committee on 27.02.2004.

PA 13/91474/B for Installation of two replacement roof lights - Permitted.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 DOI Highways find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking as the proposed would have a similar or less travel and vehicular impact compared to the existing use (18.02.2025).

6.2 Douglas Borough Council have no objections to the proposals (26.02.2025).

6.3 Comments from Joseph Bucknall Limited, 6-8-10 Upper Church Street, Douglas (03.03.2025): 1. They request Interested Party Status due to the proximity of their tenanted car parks to the application site at 18 Athol Street. 2. They refer to absence of site notice. 3. They do not object to the conversion of 18 Athol Street into five self-contained apartments for tourist accommodation, but object to the proposed use of four car parking spaces by visiting tourists. 4. They note that the existing and proposed plans show four car parking spaces at the rear of the building, but the application form states only two spaces, whilst noting that the space is currently adequate for three cars and allocating it as four spaces would be extremely tight and potentially unsuitable for disabled persons and impractical for luggage access. 5. They state that there is no clarification on how these spaces will be allocated or managed, raising concerns about illegal parking in Joseph Bucknall Limited's car parks. 6. They state that current waste disposal arrangements are insufficient, and additional bins will need to be stored within the area designated for parking. 7. They express concerns about the types of vehicles tourists might bring, especially during events like T.T. and M.G.P. fortnights, which could cause obstruction and damage.

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They refer to the lack of details on the management and allocation of parking spaces, raising concerns about illegal parking and inconvenience to tenants of Joseph Bucknall Limited's car parks. 9. They conclude by stating that they have strong objection to the use of the rear parking spaces for tourists, and request for proof and confirmation of parking arrangements before a planning decision is made.

7.0 ASSESSMENT 7.1 The fundamental issues with the current application are: 1. The principle of the proposed development; 2. Whether the proposed development would preserve or enhance the character or appearance of the property and Conservation Area in which the property sits; 3. Whether there would be any impacts on neighbouring amenity; and 4. Impacts on Parking and Highway safety.

7.2 Statutory Test - Section 18 (4) 7.2.1 In terms of compliance with Section 18 (4) of the Act, it is not considered that this proposal would affect the character or appearance of the conservation, particularly in relation to any impact on the character of the area through the different use. As such the application will be considered in the context of the policies as set out within section 3 of this report, as well as the other material considerations set out within section 4.

7.3 PRINCIPLE OF THE PROPOSED TOURIST USE (STP 8, BP 1, GP2, STP 1, Para 3.2, 9.4.5, & Section 9.5, & TAPE) 7.3.1 With regard to the principle of the proposed tourist use, it is considered that the dominant use of the immediate locality is for office use. It is also important to note that there is clear support for the use of office properties for tourist use. While this does not automatically imply compatibility with tourist use, a compelling argument can be made based on policy provisions and strategic goals. The Strategic Plan emphasizes the development of mixed-use areas that integrate commercial and tourist accommodations (Strategic Policy 8, Paragraph 3.2, Section 9.5). This approach aims to create dynamic urban environments that enhance the local economy and provide diverse services to visitors.

7.3.2 By converting an office building to tourist accommodation, the scheme seeks to align with the Strategic Plan's goal of fostering multifunctional areas that support several types of development. Paragraph 3.2(a) of the Isle of Man Strategic Plan 2016 relates to the goal of fostering multifunctional areas by emphasizing the importance of creating spaces that support diverse types of development, including residential, commercial, and tourism. This section highlights the need for adaptable and versatile land use to maximize the benefits for the community and economy. By converting an office building to tourist accommodation, the scheme aligns with this goal by repurposing existing structures to serve multiple functions, thereby contributing to a more dynamic and multifunctional area. This approach also promotes sustainable development practices by utilizing existing structures efficiently. Additionally, it supports economic growth through diverse development strategies and enhances tourism facilities to improve the visitor experience (Strategic Policy 8, Paragraph 9.4.5, Town Centre - Mixed Use Proposal 4).

7.3.3 Further to the Strategic Plan policies, the existing Tourism strategies and documents for the Island are clear in their support for tourism development, as they seek to maximize the potential benefits of an expansion on non-serviced accommodation on the Island (Isle of Man Visitor Economy Strategy 2022-2032 and Policy on the development of Non-Serviced Accommodation 2019). This is particularly important for the types of non-serviced accommodation identified as being in short supply, including those that cater for families which the property will adequately cater for, and represent. Therefore, it is considered that the scheme as proposed aligns with the tourism strategies for the Island (Paragraph 9.5, Paragraph 9.5 of TAPE).

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7.3.4 Moreover, the site is within a sustainable area, situated close to shops, services, and public transport links, as well as tourist sites along the promenade with easy links to other parts of the island. The Area Plan for the East specifically designates mixed-use areas within Douglas as being suitable for tourist development. These areas are intended to accommodate a blend of office and tourist facilities, promoting a balanced and sustainable urban development. The conversion of an office building to tourist accommodation within this designated area supports the Plan's vision of creating integrated spaces that serve multiple purposes and enhance the overall appeal of the region (Section 9.4 of TAPE).

7.3.5 It must be emphasized that tourist accommodations attract visitors, which in turn stimulates local businesses, including restaurants, shops, and entertainment venues. This influx of tourists can lead to increased revenue and job creation within the community. The presence of tourist accommodations in predominantly office areas can also support business tourism, attracting conferences, meetings, and corporate events that further contribute to the local economy. This vibrancy can enhance the attractiveness of the area for visitors, creating a more engaging and enjoyable experience. The integration of tourist accommodations within office areas ensures that these spaces remain active and utilized beyond regular business hours, promoting safety and community engagement (Strategic Policy 8, Section 9.5, Section 9.9 of TAPE).

7.3.6 Based on the foregoing, it is considered that the proposed development would be acceptable regarding principle, as converting the office building to tourist accommodation is a strategic move that aligns with the Isle of Man's broader development goals. It supports the creation of multifunctional urban spaces, boosts the local economy, and enhances the vibrancy of the area. This proposal is a forward-thinking approach that leverages the strengths of diverse developments in mixed-use areas to benefit the community and visitors alike. However, this is not an automatic reason to allow development as further material planning matters as indicated above need to be considered (Strategic Policy 8, Paragraph 3.2, Section 9.5, Paragraph 9.11.2).

7.4 CHARACTER AND APPEARANCE (GP 2, EP 35, SP4 & PPS 1/01) 7.4.1 With regard to possible impacts on the character or appearance of the Conservation area, it is noted that the proposal involves no physical changes to the building and as such there would be no detrimental visual impacts from the proposal.

7.4.2 In addition, income generated via the tourist rentals for this property will ensure that there is revenue available to support the maintenance of the property, so that it does not fall into a state of disrepair, given that it has been unoccupied for office use in excess of two years. For that reason, whilst the scheme would not result in any physical changes to the exterior of the building, it would ensure the continuous maintenance of the property through the income generated and as such can be considered to preserve the character and appearance of the property and in turn the broader Conservation Area; complying with EP35 of the Strategic Plan and PPS 1/01.

7.5 IMPACT ON NEIGHBOURING AMENITY (GP 2) 7.5.1 Tourist accommodations typically experience higher turnover rates and increased foot traffic compared to office buildings. Consequently, this can lead to increased noise levels, particularly during peak tourist seasons. The influx of visitors may also result in disturbances to neighbouring businesses, especially as the property is located near pubs and other late-night venues.

7.5.2 Moreover, the change in use may affect the operations of neighbouring office properties. Tourists often have different schedules and behaviours compared to office workers, potentially leading to increased visibility and interaction with adjacent properties. This could disrupt the working environment of office spaces.

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7.5.3 On a positive note, the presence of tourist accommodations can stimulate local businesses, including restaurants, shops, and entertainment venues. This can lead to increased revenue and job creation within the community, benefiting the local economy. Additionally, the vibrancy brought by tourists can enhance the attractiveness of the area, creating a more engaging and enjoyable environment for both businesses and visitors.

7.5.4 Furthermore, integrating tourist accommodations within office areas ensures that these spaces remain active and utilized beyond regular business hours. This can promote safety and community engagement, as the area will be lively and populated at different times of the day.

7.5.5 In conclusion, while the proposed conversion to tourist accommodation presents certain challenges for neighbouring properties, such as noise and frequently fluctuating foot traffic, it also offers potential economic benefits and opportunities for community engagement. Considering the potential economic benefits and the fact that the area is largely for office use with no direct residential neighbours to the application site, it is considered that the proposed development is acceptable. Any impacts on neighbours would not be so significant as to warrant refusal of the scheme.

7.6 POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION (GP2, TP4 & TP7) 7.6.1 The conversion to tourist accommodation may lead to increased vehicular traffic and demand for parking spaces, which can strain existing parking facilities and road infrastructure, causing inconvenience to local businesses. However, the site has access to at least two parking spaces at the rear. While these may not be sufficient given the number of units currently proposed, the site is close to major car parks within Douglas and existing public transport infrastructure and routes, allowing the demands for the site to be easily accommodated.

7.6.2 The scheme would also integrate into the existing highway network that serves the area and can accommodate the associated traffic generation, thereby complying with Transport Policy 4.

7.6.3 Additionally, Highway Services have assessed the proposal and note that it raises no significant negative impact upon highway safety, network functionality, and/or parking. The proposed development would have a similar or lesser travel and vehicular impact compared to the existing use. As such, it is considered that the scheme as proposed would be in accordance with GP2 (h & i), and Transport Policies 4 and 7.

7.7 OTHER MATTERS 7.7.1 Bin Storage 7.7.1.1 The comments from neighbours regarding bin storage have been noted. However, Douglas Borough Council, who deal with waste matters, have raised no objections to the proposal. Moreover, there is ample space provision within the rear yard to accommodate bin storage and recycling for the property. It is also important to note that the existing bin storage arrangements, which served the previous office use, are considered adequate for the proposed tourist accommodation, given the transient nature of tourist occupancy. Although peak periods are acknowledged, the existing arrangements should suffice. Therefore, it is not considered that the scheme as proposed would prohibit the refuse bins from being removed from the highway or exacerbate bin storage concerns for the site beyond thresholds associated with the extant office use.

8.0 CONCLUSION 8.1 The proposals meet the requirements of Section 18 of the Town and Country Planning Act 1999, General Policy 2, Strategic Policy 4, and Environment Policy 35 of the Isle of Man Strategic Plan 2016. They protect and preserve the character of the Conservation Area and do not adversely affect the surrounding townscape. The impacts on neighbouring properties,

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highway safety, and parking provision have been assessed and found to be acceptable. Therefore, the application is recommended for approval.

9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.

9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.

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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made: Permitted Date: 28.04.2025

Signed : Presenting Officer

Customer note

This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.

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PLANNING COMMITTEE DECISION 28.04.2025

Application No. : 25/90003/C Applicant : Bravo Homes Ltd Proposal : Conversion from offices to five self-contained apartments for use as tourist accommodation Site Address : 18 Athol Street Douglas Isle Of Man IM1 1JA

Presenting Officer : Paul Visigah

Addendum to the Officer’s Report

The Planning Committee considered the application at its meeting on 28 April 2025 and agreed with the recommendation to approve the application subject to the officer's emendment to the Rights to Appeal section of the report.

The revised Right to Appeal shall read:

It is recommended that the following organisations should NOT be given the Right to Appeal: o DOI - No objection o Douglas City Council - No objection

It is recommended that the owners/occupiers of the following properties should be given the Right to Appeal as they have submitted an objection that meets the specified criteria: o Joseph Bucknall Limited, 6-8-10 Upper Church Street, Douglas, who rent car parks 1 - 20, at St. George's Walk - Objection __