**Document:** Refusal Decision Notice
**Application:** 10/00307/B — Conversion of ground floor shop into living accommodation and installation of windows to replace existing shop front
**Decision:** Refused
**Decision Date:** 2010-05-12
**Parish:** Rushen
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/36091-rushen-23-bay-replacement-conversion/documents/1350242

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# Refusal Decision Notice

## Town and Country Planning Act 1999

## Town and Country (Development Procedure) Order 2005

Samson Designs
Mr S T Samson
The Workshop
Park Road
Port St Mary

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

**Name:** Mr William Bregazzi
**Proposal:** Conversion of ground floor shop into living accommodation and installation of windows to replace existing shop front
**at:**
23 Bay View Road
Port St. Mary
Isle of Man
IM9 5AQ

which was considered on 29th April 2010, for the reasons set out below.

**Date of Issue:** 12th May 2010
**Murray House Mount Havelock Douglas**

Mrs P Faragher
Deputy Secretary to the Planning Committee

## Reason(S) For Refusal:

1. Community Policy 4 of the Strategic Plan states: "Development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable". Whilst the applicant has provided information to demonstrate that the premises are not attractive to commercial occupants, the Committee is not satisfied that there is, or could not be a demand for commercial use of the premises and the loss of the shop and external alterations will undermine the retail character of this stretch of Bay View Road and have an adverse impact on the vitality and viability of the shopping centre, to the detriment of the amenities of the residents of the village.
This decision was made by the Planning Committee constituted in accordance with Article 3(1) of the Town and Country Planning (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/36091-rushen-23-bay-replacement-conversion/documents/1350242*