DEC Decision Notice

Andrew Bentley RIBA 8 Ravens Wharf South Quay Douglas IM1 5BT

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 Heron & Brearley Ltd, Ref 14/00463/B, for the Conversion of existing retail shop into an extension of adjacent Bridge Inn public house, including replacement front tiles at 1 Quines Corner Douglas Isle Of Man IM1 4LF for the following reason(s):

1. The applicant has failed to demonstrate that the extension of the public house into the premises would not give rise to noise, vibration and environmental conflict with the residential flats above. In particular:

(i) No account is taken of the low background noise levels in the residential flat, which means that noise from rowdy behaviour or amplified music below is likely to be clearly audible in the flat above;

(ii) No detail is provided on the potential from flanking transmission of noise via open windows, doors or through or by mechanical ventilation system within proposed extension to The Bridge Public House; and

(iii) No detail is provided on the potential noise transmission from The Bridge Public House during licensed loud amplified public entertainment events as the existing ~4ft brick wall is proposed to be knocked through providing a doorway and thereby direct noise transmission pathway. Noise levels at such an event could easily exceed 100 dB(A).

The proposal is likely to result in a detrimental reduction in amenity of local residents who currently enjoy quiet enjoyment of their properties and are likely to subsequently be subject to occasional annoyance due to rowdy behaviour and loud amplified music, possibly also mechanical ventilation noise. Often the annoyance is not just when the noise nuisance is occurring but it is in the unpredictability of the noise nuisance, not knowing when it will occur again and that it is likely to occur at unsociable hours.

The proposal fails to accord with criterion (g) of General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2007 and is unacceptable.

Date of Issue: 4th July 2014

M Gallagher

Director of Planning and Building Control

Guidance Note

This decision was made by the Director of Planning and Building Control in accordance with the authority delegated to him. A copy of the Officer’s report which led to the decision is enclosed. Any appeal against this decision must be in accordance with Article 8 of the Order. 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 from either Planning & Building Control, Tel 685950, or to download from the Department’s website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-appeals/how-to-appeal/

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.