Decision Notice

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 Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Kelman Ltd, Ref 25/90441/B, for the Erection and conversion of eight apartments and two retail units (in

association with 25/00442/CON) at 22-26 North Quay Douglas Isle Of Man IM1 4LE . Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

• 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.

• 2. For the avoidance of doubt no approval is hereby given for any hoardings, existing shores as shown on drawing 112-01 in relation to Nrs 27-28 (Newson's building). Reason: This site falls outside the development site and such works have not been considered.
• 3. Before the commencement of any works on site, details shall be submitted to and approved in writing by the Department setting out the method of construction and ensuring the safety and stability of the adjacent registered building. Such details to include structural engineering drawings and/or a method statement to a suitable level of detail. The work shall be carried out fully in accordance with the method statement approved.

Reason: In order to ensure that the special architectural and historic interest of registered building 289 is retained and preserved.

• 4. Noise emissions resulting from operation of the internal domestic air source heat pump shall not exceed 42 dB LAeq, 5 mins.

Reason: In order to protect the environmental quality of the surrounding area and to safeguard the amenities of those living and working in the locality.

• 5. Prior to the commencement of construction works above slab level, or refurbishment works to an existing building details of cladding, window frames, external doors/frames, roof finishes, balustrading and outdoor raised decking/ramps/stairs i.e. all external finishes have

been submitted to and approved in writing by the Department. The development shall not be occupied/brought into use unless the external finish has been applied in accordance with the approved details, and shall be retained thereafter.

Reason: In the interests of the appearance of the development, the visual amenities of the area and preserving the character and appearance of the Conservation Area.

• 6. No demolition or development shall commence until a bat survey of the buildings has been undertaken and the results submitted to and approved in writing by the Department. The bat survey shall identify any impacts on bat species together with a scheme of mitigation, where appropriate, including a timetable for its implementation. Development shall be carried out in accordance with the approved details.

Reason: To provide adequate safeguards for a protected species, pursuant to the provisions of Environment Policies 4 and 5 of The Isle of Man Strategic Plan 2016.

• 7. No part of the development hereby approved shall be occupied/brought into use until swift boxes have been installed in accordance with details that have previously been submitted to and approved by the Department. The details to be submitted shall include the design, locations and post-installation maintenance arrangements. Once implemented, the bird boxes shall be retained and maintained thereafter in accordance with the approved details.

Reason: To provide adequate safeguards for the swifts, pursuant to Environment Policies 4 and 5 of The Isle of Man Strategic Plan 2016.

• 8. Prior to the commencement of development, a scheme detailing noise insulation between the ground floor bars/restaurants and the apartments against the transmission of noise and vibration shall be submitted to and approved in writing by the Department. Development shall be carried out in accordance with the approved details and the measures shall be retained thereafter.

Reason: In order to provide acceptable living conditions for future residents, pursuant to General Policy 2 and Environment Policy 22 of The Isle of Man Strategic Plan 2016.

• 9. The ground floor units hereby approved shall be used only for purposes falling within Class 1.3 - Food and drink of the Town and Country Planning (Use Classes) Order 2019 and for no other purpose (with the exception of the main entrance/stair lobby, bin store and cycle store associated with the residential accommodation).

Reason: In order to safeguard future residents, given the location of the site within an area at high risk of flooding, in accordance with Environment Policies 10 and 13 of The Isle of Man Strategic Plan 2016.

• 10. Prior to the commencement of construction works above slab level, or refurbishment works to an existing building details of the bin storage areas and secure bicycle storage areas have been submitted to and approved in writing by the Department. The development shall not be occupied/brought into use unless the bin and cycle store has been applied in accordance with the approved details, and shall be retained thereafter.

Reason: To promote sustainable travel in the interests of reducing pollution and congestion in accordance with Strategic Policy 10 of The Isle of Man Strategic Plan 2016, the aims of the Active Travel Strategy and the Climate Change Act.

• 11. Prior to the commencement of construction works above slab level, details of all Air Source Heat Pumps, fume/ventilation flues, rainwater goods, soil stacks, soil vent pipes, extraction plant, air conditioning units, flues, ductwork or any other pipework shall be submitted to and approved in writing by the Department. Development shall be carried out in accordance with the approved details.

Reason: In order to preserve the character and appearance of the Conservation Area pursuant to the provisions of Strategic Policy 4 and Environment Policy 35 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 and in order to ensure satisfactory living conditions for residential occupiers.

This approval relates to the submitted documents and drawings reference numbers all received; 30.04.2025

• 110-00
• 110-01
• 110-02
• 110-03
• 110-04
• 110-05

• 111-00
• 112-00

• 112-01
• 112-02
• 112-03
• 112-04

Design and Access Statement Flood Risk Assessment JA- Solar Datasheet Renusol Datasheet

This decision has been made for the following reasons(s) As outlined in this report the main issue is the potential impact upon the character and quality of the Conservation area/street scene and the setting of the Registered Building. In relation to these matters, although the loss of the existing history fabric weighs against the proposal, it is considered the proposals would represent an overall enhancement to the Conservation Area/street scene and would not adversely harm the setting of the adjacent Registered Building. The proposals would therefore comply with Section 16 (3) and Section 18 (4) of the Town and Country Planning Act (1999), GP4, EP30, 35 and 39 of the Isle of Man Strategic Plan 2016; policies RB/6, CA/2 and CA/6 of PPS1/01.

The proposal in terms of parking/highway safety raises no concerns. The site is within a sustainable location and provisions adequate number of secure bicycle spaces within the building for use by the residents of the apartments. The proposal has been designed to reduce energy consumption, reduce fossil fuels consumption and reduce emissions which are also matters which Net Zero and the Climate Change Bill seeks. The proposal would have no significant impacts upon neighbouring annuities to warrant a refusal. All other matters are considered acceptable.

Date of Issue: 20th November 2025

A MORGAN Interim Director of Planning and Building Control

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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/onlineapplications/)

Implementation A determination to grant planning approval does not have effect —

•  if an appeal is submitted until the appeal is determined or withdrawn; or
•  if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

Development must be carried out in accordance with the approved plans and any attached conditions (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

Appeal Any appeal can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal