Cabinet Office

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CABINET OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected] CHIEF SECRETARY Mr Will Greenhow ACMA

9th June 2015

Planning Secretary Planning and Building Control Directorate Department of Environment, Food and Agriculture Murray House Mount Havelock Douglas Our Reference: DF15/0009 Dear Sir/Madam,

TOWN AND COUNTRY PLANNING ACT 1999 TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013

| PA Ref | 15/00267/B | | --- | --- | | Applicant | Mr Giovanni Ferrara | | Proposal | Alterations and erection of a fire escape staircase to premises | | Address | Part Of Lane Behind 47 Duke Street Douglas Isle of Man |

I refer to the abovementioned planning application. In accordance with Article 10(9) of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I herewith give notice of the decision as follows.

On 4th June 2015, the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the conditions and Note specified below.

Conditions of Approval

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

2. Before the fire escape hereby approved is made available for use, it shall be painted and thereafter retained in a colour previously submitted to and approved in writing by the Department of Infrastructure, Planning and Building Control.

Reason: in the interest of the satisfactory appearance of the development.

Note

This approval relates to the location plan, site plan and detailed drawing No 1a, all date stamped 6 March 2015.

In accordance with Article 10(10)(c) of the Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doleance).

Yours faithfully,

A Johnstone Planning Appeals Administrator On behalf of the Chief Secretary

Application by Mr Giovanni Ferrara for: Alterations and erection of a fire escape staircase to premises, at part of the lane behind 47 Duke Street, Douglas IM1 2AU.

Site Visit: Thursday 14^{\text {th }} May 2015

Preamble

1. The application was referred to the Council of Ministers in accordance with Section 10(1)(b) of The Town and Country Planning (Development Procedure) (No 2) Order 2013, because the site is partly owned by the Department of Infrastructure.
2. 47 Duke Street is on the western side of the length between Victoria Street and Marks and Spencer's store. The building is currently vacant, formerly trading on Duke Street as the Toymaster Shop. A pedestrian rear service lane leads off Victoria Street as far as the rearward part of No 47, where it turns and leads west as a cul de sac. The proposal is to erect a fire escape on the southern flank of this part of the building, from the first floor to ground level. This part of the lane is some 3.0 m wide of which a minimum of 2.0 m is intended to remain clear. There is a roller shutter door access opposite, at the back of 22 Victoria Street. Building works were in train, consistent with those to install the fire escape though no part of that was evident. 47 Duke Street stands just outside the Athol Street & Victoria Street Conservation Area; the land and buildings to its south including the service lane are within.

Gist of the Submissions

3. Planning Officer: Strategic Plan Environment Policy 35 requires conservation area proposals to preserve or enhance the appearance or character of the designated area. This fire escape would be apparent from within the service lane, though much less so from Victoria Street and less so again from anywhere else. Its impact would be so slight as to preserve the area's appearance and character, and approval is recommended subject to conditions.
4. Highway Services: no objection.
5. Douglas Borough Council: no objection.

Inspector's Assessment

6. The fire escape would just about be seen by peering along the lane from Victoria Street and it would of course be readily apparent from within the lane. In either event, however, it would be in the context of what is very much a narrow utilitarian lane, serving a variety of rear accesses and providing bin storage. It is accessible only on foot and I have no reason to doubt the sufficiency of the 2.0 m minimum width that would remain. All told, the fire escape would have such slight visual impact, and be sufficiently in character with its setting, so as to preserve both the appearance and character of this peripheral part of the Conservation Area. Insofar as it facilitated bringing the building back into beneficial use there would be benefits to this part of the town centre.

Recommendation

7. I recommend that the application be approved subject to the conditions and note below, which derive from those suggested by the Planning Officer.

Alan Langton

DipTP CEng MRTPI MICE MCIHT Inspector

Recommended conditions and note

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
2. Before the fire escape hereby approved is made available for use, it shall be painted and thereafter retained in a colour previously submitted to and approved in writing by the Department of Infrastructure, Planning and Building Control. Reason: in the interest of the satisfactory appearance of the development. Note: this approval relates to the location plan, site plan and detailed drawing No 1a, all date stamped 6 March 2015.