Decision Notice
Mr Kenneth Devaney 6 Coburn Drive Ramsey IM8 3PT
Telephone (01624) 685958 Email: [email protected] Contact: Scott Gallacher Our Ref: MEC /AP24/0035 Date: 16th December 2024
Dear Sir/Madam,
On Appeal
PA No: 24/00199/B Address: Shipdesign House East Quay Ramsey Isle Of Man IM8 1BA Proposal: Conversion of Former Ground Floor Restaurant and First Floor Function Room Into four Apartments, roof alterations for the creation of a second floor terrace for existing apartment.
I refer to the appeal in respect of the above planning application.
In accordance with the provisions of The Town and Country Planning (Development Procedure) Order 2019, I herewith give notice of the appeal decision.
The Minister for Environment, Food and Agriculture, the Hon C Barber MHK, has considered the report, concurs with the appointed person's conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly, she has directed that the Department’s decision to refuse the application should be upheld, and that the application should be Refused.
Formal notice of this decision is attached.
Yours faithfully Redacted
Scott Gallacher Chief Officer
cc. Mr G Roberts, The Nook, Stanley Mount East, Ramsey, IM8 1MP
The Town And Country Planning Act 1999
The Town and Country Planning (Development Procedure) Order 2019
Mr Kenneth Devaney 6 Coburn Drive Ramsey IM8 3PT
In pursuance of her powers under the above Act and Order/Regulations, the Minister for the Department of the Environment, Food and Agriculture, the Hon C Barber MHK does hereby in the name of and on behalf of the Department REFUSE planning application 24/00199/B by Mr Kenneth Devaney for Conversion of Former Ground Floor Restaurant and First Floor Function Room Into four Apartments, roof alterations for the creation of a second floor terrace for existing apartment. - Shipdesign House East Quay Ramsey Isle Of Man IM8 1BA for the following reason:-
Reason For Refusal:
- The provision of sleeping accommodation at ground floor level in this area of high flood risk would place future occupiers of the two ground floor apartments at unreasonable risk of harm in a flooding event, bringing the development in to conflict with the terms of Environment Policy 10 and General Policy 2(l) of the Strategic. In addition, the very poor living conditions in terms of outlook for future residents of apartment 4, and the impact on the living conditions of nearby residents in terms of their privacy as a consequence of overlooking from that same apartment, bring the scheme into conflict with Housing Policy 17(b) and General Policy 2(g) of the Strategic Plan. Those harms are not outweighed by other considerations.
Date of issue 16th December 2024 By Order of the Minister Redacted
Scott Gallacher Chief Officer
Note 1: A copy of the report of the appointed person is appended hereto.
Note 2: All parties should note that there is no prescribed right of appeal relevant to the Minister’s decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.
Note 3: The letter which accompanies this notice forms part of the notice in accordance with Article 13 (3) of the Town & Country Planning (Development Procedure) Order 2019.
Department of Environment, Food & Agriculture Thie Sileau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS
