Response to Objection Letter

RECEIVED ON 22 APR 2010 DEPARTMENT OF INFRASTRUCTURE

FDA Sarah Corlett Planning & Building Control Directorate Department of Local Government & The Environment Murray House Douglas IM1 2SF Isle of Man

Date 21 April 2010

Our Reference 0110-004-001

DEPARTMENT OF INFRASTRUCTURE PLANNING and BUILDING CONTROL Division Town and County Planning Area PA/00350/B- Moviehouse Cinemas, The Warehouse, Ronaldsway, Little and Co.

Decision Appeal

We refer to Long and Humphrey's letter of objection on behalf of Arwen Ltd, dated 15 April 2010.

Background

1. Our drawings as submitted accurately reflect the apparent boundaries as defined by the existing fences. We note the discrepancy with the Deed of Convergence, and expect that the landlord now seek to resolve this with Arwen. In the meanwhile, and without prejudice to either the Landlord or tenant's positions, we have amended the car-parking layout to be contained within the undisputed area.

2-5. The historic status of the Estate and Planning Status is noted. However the over-riding factor is that approval has already been granted for Change of Use of this building from warehouse to a family leisure centre, your ref 07/06032/C. The current application arises from design development in the intervening period, but is entirely consistent in respect of use to the approval already granted. The principle change is to restrict the leisure use to principally the upper floors rather than the whole building. In the event of refusal of this current application, our client may revert to the earlier approved scheme, which we believe is still a current approval.

1. The proposed land use is consistent with the previous approval 07/0032/C. It represents a considerable investment in a declining business park, and we believe it may well encourage future development of the estate and further investment by others. Vacant and under-utilized buildings are unlikely to trigger such investment.

1. The car-parking proposals have been agreed with Highways Division, and are in excess of those proposed in the previous scheme, L/07/0032/L. Our client believes the provision proposed to be accurate.

1. The current ground floor warehouse arrangement is out with the scope of this application, and is not the responsibility of the Applicant. We would however comment that we believe the building was originally constructed as a warehouse, and that remains the current activity on the ground floor. The original product being warehoused was shoes, but is now electrical goods, we consider that this does not constitute a change of use. We believe traffic movements referred to are probably less than experienced when the shoe warehousing was at its peak.

1. Ownership of site. As per point 1 above, we have amended the design to take cognivance of the Deed map now tabled by Long and Humphrey on behalf of Arwen.

1. We have revised the site layout so that the parking spaces off the shared access road are now accommodated entirely on our clients tenancy, with no restriction of the mutual rights of access.

Architects

152 Albertbridge Road Belfast BT5 4GS

028 9045 0681 hallblackdouglas.com

Directors

Alistair Beckett David Black Stephen Douglas Rodney Hall

Design Director

Mervyn Black

Associates

Derek Loughery John Murphy

We trust this satisfies Arwen Ltd, and would assure them that our client wishes to proceed in a neighbourly manner. We trust the application can now proceed to approval.

Yours sincerely P. dill kile.

RODNEY HALL For Hall Black Douglas RM/ja cc. M. McAdam cc. J. Yardley