**Document:** Planning Refusal Decision Notice
**Application:** 13/91375/B — Retention of existing first floor flat and conversion of office and retail building to create two dwellings and a residential flat
**Decision:** Refused
**Decision Date:** 2014-03-31
**Parish:** Rushen
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/42537-rushen-manxonia-house-conversion-dwelling/documents/1573569

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# Planning Refusal Decision Notice

Mr Ashley Pettit
Ashley Pettit Architects
James Place
Victoria Road
Douglas
IM2 4HD

## 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 Infrastructure determined to REFUSE a planning application by Monarch Assurance PLC, Ref 13/91375/B, for the retention of existing first floor flat and conversion of office and retail building to create two dwellings and a residential flat at Manxonia House Bay View Road Port St. Mary Isle of Man IM9 5AE for the following reason:

1. Whilst the alterations to the property are not considered to be detrimental to the appearance and character of the property (which lies within a proposed Conservation Area), the loss of commercial use of the ground floor would be contrary to the spirit of the Area Plan for the South, Mixed Use Policy 2 and would reduce the range and viability of the village as a service centre and an attractive place to live and visit.

Date of Issue:
31st March 2014

### M Kallyher

Director of Planning and
Building Control

### Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it. This permission refers only to that required under the Town and Country Planning (Development Procedure) (No 2) Order 2013. Any appeal against this decision must be in accordance with Article 8 of the Order.

Accordingly, 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 an order made by the Department under Section 1(1) of the Fees and Duties Act 1989 (currently £150);
- 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 to download from the Department's website, http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-appeals/how-to-appeal/ or from the Planning Office, Tel 685950.

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

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.

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.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; planning@gov.im
$13 / 91375 / B$

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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/42537-rushen-manxonia-house-conversion-dwelling/documents/1573569*