**Document:** Appeal Documents
**Application:** 10/00561/CON — Registered Building Consent for erection of one set of pedestal mounted binoculars (Registered Building no 233, in association with 10/00560GB)
**Decision:** Permitted
**Decision Date:** 2010-10-06
**Parish:** Douglas
**Document Type:** appeal / appeal_submission
**Source:** https://planningportal.im/a/36216-douglas-ornamental-gateway-marine-drive-registered-building-consent/documents/1094101

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# Appeal Documents

## Chief Secretary'S Office

[Table omitted in markdown export]

Oik yn Ard-Scrudeyr Our Ref: DF10/0019 Planning Application Ref.No: 10/00561/CON

### The Town And Country Planning Act 1999

### The Registered Buildings Regulations 2005

Planning Secretary
DOI
Planning & Building Control Division
Murray House
Mount Havelock
Douglas

In accordance with section 12 of the above Regulations, the person appointed by the Council of Ministers to consider this application has submitted his report.

In accordance with paragraph 5 (a) and (b), a copy of the appointed persons report is enclosed.

On the 9th September 2010, and after consultation, the Council of Ministers accepted the recommendation contained within that report and the application was approved subject to compliance with the conditions specified below.

Date of Issue: 6.10.10

Chief Secretary's Office
Government Offices
Bucks Road
Douglas

Mr A Johnstone
Planning Appeals Administrator

Council did not consider it appropriate to consider conditions 2 & 3 set out in the report as these were matters that should be covered by the Department of Infrastructure under the License for structures on the Highway.

### Schedule Of Conditions:

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

RECEIVED ON
07 OCT 2010
DEPARTMENT OF
INFRASTRUCTURE

Mr I M McCauley
Director of Planning and Building Control

Telephone (01624) 685947
Fax (01624) 686443
Email: anthony.holmes@gov.im
Our Ref: 10/00561/CON
Date: 9th June 2010

Mr A Johnstone
Planning Appeals Administrator
Crown Division
Chief Secretary's Office
Government Offices
Douglas
IM1 3PG

Dear Mr Johnstone,

Re: 10/00561/CON – Registered Building consent for erection of one set of pedestal mounted binoculars (Registered Building no. 233, in association with 10/00560/GB). The Ornamental Gateway, Marine Drive, Braddan.

Please find enclosed two copies of a planning statement written on behalf of the Planning Authority in respect of the above application, which I understand is to be the subject of a public inquiry due to the Department of Infrastructure having an interest in the land.

As stated within the statement I intend to be available to assist any subsequent public inquiry if required

Yours sincerely

Anthony Holmes
Planning Officer

enc.

## Department of Infrastructure

### Isle of Man

Government
Raillys Ellen Vannin

### Planning statement on behalf of the Planning Authority

### 10/00561/CON - Registered Building consent for erection of one set of pedestal mounted binoculars (Registered Building no. 233, in association with 10/00560/GB). The Ornamental Gateway, Marine Drive, Braddan.

#### 1.0 Introduction

1.1 Due to the land contained within the application site being within the control of the Department of Infrastructure it is understood that the application is due to considered by an appointed Planning Inspector who make a recommendation to the Council of Ministers. The intention of this statement is to set out the general background of the application and highlight the relevant planning policy considerations. In order to avoid any perception of bias the statement purposely makes no assessment of the proposal and offers no recommendation. The statement is intended to provide a background to the understanding of the submitted application and highlight planning policy considered relevant to any assessment.
1.2 The author of this statement intends to be available to appear at any subsequent public inquiry that may be deemed necessary.

#### 2.0 Application Site

2.1 The application site comprises land containing the Ornamental Gateway that is located on Marine Drive in Braddan.
2.2 The Ornamental Gateway is a Registered Building (no. 233).

#### 3.0 The Application

3.1 The application seeks Registered Building consent for erection of one set of pedestal mounted binoculars within the application site, adjacent to the Ornamental Gateway.

#### 4.0 Planning History

4.1 The application site has not been the subject of any previous applications that are considered specifically material to the assessment of the current application.
4.2 There is a concurrent application (10/00560/GB) seeking planning approval for the proposal.
4.3 There is also an application (10/00490/D) and associated Registered Building consent application (10/00491/CON) seeking approval for the installation of information boards

#### 5.0 Planning Policy

The Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 3
5.1 In terms of local plan policy, the application site is located within wider areas of land that are designated as a) open space; and b) nature conservation zone under the Isle of Man Planning

Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 3.

## The Isle of Man Strategic Plan 2007

5.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of the application.
5.3 General Policy 3 relates to development outside of areas zoned for development and states:
"Development will not be permitted outside of areas zoned for development on the appropriate Area Plan with the exception of :
(a) essential housing for agricultural workers who have to live close to their place of work, (Housing Policies 7, 8, 9 and 10);
(b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest, (Housing Policy 11);
(c) previously development land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
(d) the replacement of existing rural dwellings, (Housing Policies 12, 13 and 14);
(e) location-dependent development in connection with the working of minerals or the provision of necessary services;
(f) b uilding and engineering operations which are essential for the conduct of agriculture or forestry;
(g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
(h) building or works required for the interpretation of the countryside, its wildlife or heritage."
5.4 Environment Policy 32 relates to the extension or alteration of a Registered Building and states:
"Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."

#### 6.0 Representations

6.1 The statutory 21 day consultation period for the application ended on the 27th May 2010.
6.2 To date the Planning Authority is not aware of any representations.

This statement has been prepared by Mr A Holmes BA(Hons) DipTP(UC) MRTPI on behalf of the Planning Authority.

Signed

## Chief Secretary'S Office

Oik yn Ard-Scrudeyr

### Planning Appeals Office

Government Office
DOUGLAS
Isle of Man, IM1 3PN
Direct Line: (01624) 685280
Fax Number: (01624) 685710
E-mail: planning.appeals@gov.im

CHIEF SECRETARY
M Williams, CPFA

Our Reference: L09NEW/DF10/0019

23rd June 2010

Planning Secretary
DOI
Planning & Building Control Division
Murray House
Mount Havelock
Douglas

Dear Sir/Madam,

### Town And Country Planning (Development Procedure) Order 2005

**Planning Application:** 10/00561/CON

**Applicant:** Eleanor Stone

**Proposal:** Registered Building Consent for erection of one set of pedestal mounted binoculars (Registered Building no 233, in association with 10/00560GB), The Ornamental Gateway Marine Drive Port Soderick Isle Of Man

Further to my letter of 16th June 2010 concerning the above captioned appeal. Please find enclosed correspondence from Braddan Parish Commissioners. Yours faithfully,

A Johnstone
Planning Appeals Administrator

24 JUN 2010

*DEPARTMENT OF INFRASTRUCTURE*

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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/36216-douglas-ornamental-gateway-marine-drive-registered-building-consent/documents/1094101*
