**Document:** Refusal Decision Notice
**Application:** 10/00243/B — Conversion of part basement level to a takeaway outlet
**Decision:** Refused
**Decision Date:** 2010-04-15
**Parish:** Braddan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/35813-braddan-trevelyan-conversion/documents/1347117

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# Refusal Decision Notice

## Town and Country Planning Act 1999

### Town and Country (Development Procedure) Order 2005

**MacOwan Collett**

Consulting Engineers Ltd

Ianda House

4 Mona Terrace

Finch Road

Douglas

Isle of Man

IM1 3NA

In pursuance of powers granted under the above Act and Order the Department of Infrastructure does hereby **REFUSE** the following application made on behalf of:

**Name:** Miss Delia McGuire **Proposal:** Conversion of part basement level to a takeaway outlet **at:** Trevelyan 18 Palace Terrace Queens Promenade

Douglas

Isle of Man

IM2 4NE

which was considered on 13th April 2010, for the reasons set out below. **Date of Issue:** 15th April 2010 **Murray House** **Mount Havelock**

Douglas

Mrs P Faragher

Deputy Secretary to the Planning Committee

### Reason(S) For Refusal:

1. The proposed use would be likely to severely undermine the amenities of the residents of the above and surrounding residential premises by reason of noise and general disturbance through the comings and goings of customers in such close proximity to habitable room windows. Consequently the development would be contrary to General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan, 2007.

2. The proposed change of use would be contrary to Environment Policy 35 of the Isle of Man Strategic Plan 2007 as it would not preserve or enhance the character and appearance of the Conservation Area and would have a detrimental impact on the visual amenities of the locality.

This decision was made by the Senior Planning Officer in accordance with the authority delegated to her under Article 3(13) of the Town and Country (Development Procedure) Order 2005.

## Guidance Note

The decision contained in this notice does not become final until either;

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

Whichever is the later.
Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/ dlge/planning/plan/applications/decision.xml

A copy of the Officer's report, which led to this decision, is attached for reference. This report, together with correspondence relative to the application, is available for inspection by anyone wishing to view it at the Department.

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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/35813-braddan-trevelyan-conversion/documents/1347117*