**Document:** DEC Decision Notice
**Application:** 18/00747/C — Change of use of 25 tourist apartments to residential
**Decision:** Refused
**Decision Date:** 2020-07-17
**Parish:** Rushen
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/12210-rushen-cherry-orchard-apartments-change-of-use/documents/988171

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# DEC Decision Notice

Arch-Tec (IOM) Ltd The Architectural Studio 2nd Floor 20 Duke Street Douglas IM1 2AY

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 subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by COA Properties Ltd, Ref 18/00747/C, for the Change of use of 25 tourist apartments to residential at Cherry Orchard Apartments Bridson Street Port Erin Isle Of Man IM9 6AN for the following reason(s):

- 1. The proposal is contrary to the land use designation of the site and it has not been fully demonstrated that the site is no longer commercially viable or cannot be made commercially viable to sufficiently outweigh Tourism Proposal 1 of the Area Plan for the South 2013.
- 2. The proposal makes no provision for public open space contrary to Recreation Policy
- 3 of the Isle of Man Strategic Plan 2016.

Date of Issue: 17th July 2020

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 decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: the grounds for making the appeal; payment of the planning appeal fee (currently £285); and election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation. Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, 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.

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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/12210-rushen-cherry-orchard-apartments-change-of-use/documents/988171*