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Government
Kelliy Elan Yanko
Mr Anthony Hall Fairfield Hotel 7 Empress Drive Douglas Isle of Man IM2 4QL
bun-troggalys
Office of the Minister and Chief Executive
Telephone: (01624) 686603 Fax: (01624) 686617 Email: [email protected] Contact: Maggie Farmer Our Ref: ITT/mf Your ref: Date: 14th July 2011
Dear Sir/Madam
| Application No: | 10/01261(a)/B and 10/01261(b)/B and 10/01261(b)/B | | --- | --- | | Proposal: | (a) Erection of boundary wall and concrete roof, and positioning of oil tank; and (b) erection of wooden fence; (retrospective); at Fairfield Hotel, 7 Empress Drive, Douglas, IM2 4LQ | | Applicant: | Mr Anthony Hall | | Appellant: | Mr Phillip Platt |
I refer to the recent appeal in respect of the above planning application.
In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to consider this appeal.
The Minister has considered the report, concurs with the appointed person's conclusions, and accepts the recommendation that the appeal should be dismissed, in part, and allowed, in part, as summarised in paragraph 24 of the report. The effect of this decision is as follows:-
(a) Erection of boundary wall and concrete roof, and positioning of oil tank: Approved, subject, inter alia, to the condition that the roof should not be used as a terrace at any time; and (b) Erection of wooden fence: Refused, for the reasons referred to in paragraphs 23 and 24 of the report.
Formal notices of these decisions are enclosed herewith.
The Minister has noted the appointed person's comments in paragraph 24 in relation to removal of the fence, and has directed that the file should be referred to the Senior Planning Officer for consideration of appropriate enforcement action, having regard to the appointed person's comments in so doing.
Yours faithfully
I T Thompson Chief Executive
Circulation list – see reverse of this letter
Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF
Circulation List Mr P Platt Miss C Elliott Douglas Corporation Secretary, Planning Committee Planning Enforcement Officer
TO: Mr Anthony Hall, Fairfield Hotel, 7 Empress Drive, Douglas, Isle of Man IM2 4QL [Copies as per Circulation List]
In pursuance of his powers under the above Act and Order, the MINISTER for Infrastructure, following report by the appointed person, does hereby APPROVE the application by Mr Anthony Hall (a) Erection of boundary wall and concrete roof, and positioning of oil tank; at Fairfield Hotel, 7 Empress Drive, Douglas, IM2 4LQ subject to compliance with the following conditions:-
(1) This permission relates to the retention of the boundary wall, concrete roof, and oil tank as shown on drawings numbered PD-001, PD-002, PD-003, PD-004, and PD-005 and datestamped 25th August 2010, except insofar as these drawings include details of the wooden fence, which is not approved. (2) The roof of the covered storage facility shall not be used as a roof terrace at any time.
Date of issue: 14^{\text {th }} July 2011
Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.
Note 2: A copy of the report of the appointed person is appended hereto.
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TO: Mr Anthony Hall, Fairfield Hotel, 7 Empress Drive, Douglas, Isle of Man IM2 4QL [Copies as per Circulation List]
In pursuance of his powers under the above Act and Order, the MINISTER for Infrastructure, following report by the appointed person, does hereby REFUSE the application by Mr Anthony Hall (b) erection of wooden fence; (retrospective); at Fairfield Hotel, 7 Empress Drive, Douglas, IM2 4LQ for the following reasons:-
(1) Because of its material, dimensions, and position, the wooden fence impairs the outlook from the main bedroom of the neighbouring property, and has a dominating visual effect on the rear yard from the rear kitchen door.
Date of issue: 14^{\text {th }} July 2011
I T Thompson Chief Executive
Note 1: A copy of the report of the appointed person is appended hereto.
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