**Document:** Prior Appeal Decision Notice 04/389
**Application:** 05/00558/B — Erection of a four storey dwelling to replace two demolished dwellings
**Decision:** Permitted
**Decision Date:** 2005-06-09
**Parish:** Rushen
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/77991-rushen-plot-formerly-1-replacement-dwelling/documents/1207345

---

# Prior Appeal Decision Notice 04/389

## Town And Country Planning Acts 1934-1981

### Isle Of Man Planning Scheme (Development Plan) Order 1982

TO
The Architectural Studio,
Stanley House,
Lord Street,
Douglas,
Isle of Man.

[Copies as per Circulation List]

21 APR 2005

In pursuance of his powers under the above Acts and Order the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby REFUSE the application by Mrs. M. D. K. Halsall – Approval in principle for the erection of replacement dwellings on vacant site, 1-4 The Promenade, Port St. Mary, for the following reasons:-

*Redevelopment of the site for four dwellings would constitute over-development of the site.* Date of Issue: 17th November 2004. By Order of the Minister

Murray House,
Mount Havelock,
Douglas,
Isle of Man.

Chief Executive

Note 1: A copy of the report of the appointed person is appended hereto.

Note 2: To the extent that the decision does not follow the recommendations of the appointed person the reason for the decision is also appended hereto.

Murray House,
Mount Havelock,
Douglas,
Isle of Man,
IM1 2SF.
email: ceo@dlg.gov.im
Tel: (01624) 685859
Fax: (01624) 685873
Chief Executive:
R. A. Hamilton,
AIPD. MCMI

23 NOV 1989

Our ref: RAH/MC
17th November 2004.

Dear Sir/Madam,

ON APPEAL: PA04/389 – M. D. K. Halsall – Approval in principle for the erection of replacement dwellings on vacant site, I-4 The Promenade, Port St. Mary

I refer to the recent appeal hearing in respect of the above planning application.

In accordance with the provisions of paragraph 7(5) of Schedule I to the Isle of Man Planning Scheme (Development Plan) Order 1982, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.

The Minister has considered the report, and concurs with some, but not all, of the appointed person’s conclusions. In particular, he accepts that redevelopment for four dwellings would constitute over-development of the site. However, having regard to the location of the site, close to public open space and the beach, and to the availability of on-street parking space and the proximity of the car-park, the Minister does not accept that, in this case, it is necessary for the provision of private amenity space and parking space to be up to the usual standards for new dwellings. Accordingly, he has directed that the appeal should be dismissed and that the Planning Committee’s decision to refuse permission should be confirmed, albeit for the single reason that redevelopment of the site for four dwellings would constitute over-development of the site.

Formal notice of this decision is attached to this letter. Yours faithfully,  Chief Executive. Please see over for circulation list/...

---

*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/77991-rushen-plot-formerly-1-replacement-dwelling/documents/1207345*