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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 AOS-Architectural Outsourcing Services Flat 2 21 Demesne Road Douglas IM1 3DZ 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 Jim Limited, Ref 20/00605/B, for the Demolition of existing hotel and erection of four terraced dwellings with associated parking and amenity space at Waterfall Hotel Shore Road Glen Maye Isle Of Man IM5 3BG for the following reason(s): 1. The previous refusal of 17/01189/B is clear that the loss of the public house should not be accepted "without very clear evidence that any such use is unlikely to be commercially viable.". Given that an offer was made it is clear that at least someone is of the view that it could be worth investing in. Added to this, the price at which the property is being marketed does not seem reasonable given other commercial properties on the market at the current time or which have been recently. Also, it would appear from the likes of Close Leece Farm and Grenaby Studios that the remoteness of a location is not prohibitive in establishing a quality business which will attract customers. It has not been demonstrated that any consideration has been given to a new form of commercial use or mix as has been seen in other parts of the Island such as Sulby and St. John's. For these reasons it is considered that the development involves the loss of a local public house and it has not been demonstrated that the use is no longer commercially viable, or cannot be made commercially viable so the proposal is contrary to Community Policy 4 of the Strategic Plan. Date of Issue: 7th January 2021 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 £285); 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 £100). 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 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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