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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 M P Associates Ltd 12 Strathallan Crescent Douglas Isle Of Man IM2 4NR 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 JM Project Management Ltd, Ref 22/00876/B, for the Construction of new balcony to first floor of coffee house and additional parking at ground floor (retrospective) at Retail Unit Crosby Meadows Crosby IM4 2EE for the following reason(s): 1. The proposal results in an increased floor area taking the overall size of the retail unit beyond the 500sq m floor space threshold requiring a Retail Impact Assessment, and no Retail Impact Assessment has been provided. The proposal fails Business Policy 9 and would also undermine the previous approvals and their conditions stipulating the need for a Retail Impact Assessment if over 500sq m. Failure to provide a Retail Impact Assessment further challenges the principles of Strategic Policy 9 and wider strategic and spatial policy objectives which ultimately seeks to direct major retail development to key centres and on land appropriately zoned. 2. By reason of the siting, height and size of the balcony area and the distances to the nearest neighbours (No. 22 Cherry Tree Drive and properties forming The Laurels) which intensifies the potential level of activity from the balcony to an unreasonable level having an increased adverse impact on the neighbours through noise, overlooking and privacy impact harming the enjoyment of their properties and their general living conditions. Date of Issue: 26th October 2022 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 a Principle Planner in accordance with the authority delegated to them. 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 £305); 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 £115). 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.