**Document:** Decision Notice
**Application:** 17/00820/B — Creation of parking to rear yard and additional use of ground floor shop (Class 1) as living accommodation
**Decision:** Permitted
**Decision Date:** 2017-09-14
**Parish:** Braddan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/21991-braddan-5-brunswick/documents/1018761

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# Decision Notice

Kelly Lewthwaite Building Design 23 Market Street Douglas IM1 2PA

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Mr Steven Burke, Ref 17/00820/B, for the Creation of parking to rear yard and additional use of ground floor shop (Class 1) as living accommodation at 5 Brunswick Road Douglas Isle Of Man IM2 3LH subject to compliance with the following condition(s) and notes (if any) :

- 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. The ground floor of the site may either be used as a single shop with associated store/office accommodation or as living accommodation associated with the upper floor dwelling as a single dwelling.

Reason: It is not considered that a mix of users would result in an acceptable level residential amenity standards.

- 3. For the avoidance of doubt the additional ground floor living accommodation (if used as such) must only be used for domestic purposes incidental to the existing main dwelling house, (Nr 5 Brunswick Road) and shall not be occupied as an independent dwelling unit, for no commercial purposes and only in accordance with layout shown on plan 2A received on the 1st August 2017.

Reason: To safeguard the residential character and amenities of the existing property and potential there is insufficient off road parking spaces provided for two separate dwellings. Furthermore the application does not propose to create separate units of accommodation within the site and has not been considered as such.

This approval relates to drawings reference numbers 1, 2A, 3 and 4 all received on 1st August 2017.

Date of Issue: 14th September 2017

## Director of Planning and Building Control

Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them in the name of the Minister and/or in the name and on behalf of the Department.

This permission refers only to that required under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

-  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2016 (currently £175);
-  The reasons for making the appeal; and
-  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

The proposed development must not be commenced until either;

-  The time for requesting an appeal has expired; or
-  Any appeal has been determined;

Whichever is the later.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom

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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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/21991-braddan-5-brunswick/documents/1018761*