DEC Decision Notice

Kelly Lewthwaite Building Design 23 Market Street Douglas IM1 2PA

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Mr Thomas & Mrs Karen Kirby, Ref 21/00831/GB, for the Conversion of building, including alterations of existing building from offices to Class 1.3 - food and drink - and Class 3.1 - tourist accommodation (hotels and guest houses) (in association with PA 21/00828/CON) at Derby House Castle Street & Parliament Square Castletown Isle Of Man IM9 1LA.

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

• 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• 2. Details of Works to Registered Building Prior to the commencement of each phase of work, No works shall take place on those elements listed below until details of the following items, to include plans, elevations and sections at a scale of (1:10) or (1:20) or other information as agreed following consultation with Design and Conservation Officer have been submitted to and approved in writing by, the Department:

• a) New stone portico
• b) Temporary removal' of the masonry below the central ground floor level window on the Parliament Square elevation The works shall not be carried out unless in accordance with the approved details. Reason: To ensure the satisfactory preservation of this registered building.

• 3. Sliding Sash Windows All new windows shall be painted softwood, double hung vertical sliding sashes with joinery details to match the originals, where existing, and shall be retained as such.

• Reason: To ensure the satisfactory preservation of this registered building
• 4. Requires the submission of roof materials Details and samples of roofing materials including flashings and slates shall be submitted to and approved in writing by the Department prior to their use. The development shall be implemented in accordance with the approved details and thereafter maintained. Reason: To ensure the satisfactory preservation of this registered building
• 5. Details of the proposed roof light (s), i.e. type and size, shall be submitted to and approved in writing by the Department prior to their installation. The new roof light(s) shall be of a design which, when installed, shall not project forward of the general roof surface (and shall have a surround of a dark, matt finish). The roof light(s) shall be installed in accordance with the approved details and thereafter maintained. Reason: To ensure the satisfactory preservation of this registered building

This decision relates to the following: All drawings, photographs, structural report and planning statement received on 16.07.21 Plan as existing 1 Elevations as existing 2 Basement & Ground - Existing - Plans 3 First & Attic - Existing - Plans 4 Proposed Basement & Ground Floor Plans 5 Proposed First & Attic Floor Plans 6 Proposed Elevations 7 Proposed Section 8 Location Plan 10 Block Plan 11

This decision has been made for the following reasons(s) The proposals are considered to be in accordance with the Strategic Plan policies GP2 and 4, Paragraph 9.5.8 and Business Policies 1, 11 , Policies RB/3 AND RB/5 of Planning Policy Statement 1/01 and is judged to be acceptable.

Date of Issue: 21st September 2021

Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management in accordance with the authority delegated to them.

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.

Implementation The decision does not become final until either

•  Any appeal has been concluded; or
•  21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

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 £295); and
•  if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £110). Where the appeal is submitted by the applicant they must:
•  specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
•  Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

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.