Comment 1

Ref. 15/01196/c

17.11.15

No 4 ☐ No 6 Derby Court

Please find enclosed a copy of the deeds, which show that letting arrangements of the kind proposed in the application are not permitted. I would be grateful if your decision properly reflects this

MR + Mrs Blair

In accordance with the Town and Country Planning (Development Procedure) (No 2) Order 2013, Article 5(1), Notice is hereby given that a planning application has been received by the Department of Environment Food and Agriculture, Planning and Building Control Directorate.

Reference 15/01196/C To be quoted on all correspondence Application Publication date 6th November 2015	The site for the proposed development is Apartment 1 Derby Court 42 The Promenade Castletown Isle Of Man IM9 1BG	The works proposed are Additional use of residential apartment as tourist accommodation (retrospective)
Any comment would be appreciated prior to 27th November 2015, however it can be made at any point prior to the application being determined.
The applicant is required to send a copy of this notice to every owner and occupier (who is known to the applicant) of the land that is the subject of the application or any part of it; and display a copy of this Notice by fixing it firmly to a building or other structure or object on or near the land that is the subject of the application so that it is easily visible by members of the public from a public highway and is unlikely to become obscured or concealed, and to ensure that it remains so displayed for a period of NOT LESS THAN 21 DAYS.
The application may be viewed electronically by visiting Government Online Services https://www.gov.im/onlineservices/ or by calling to the offices of Planning and Building Control, First Floor Murray House, Mount Havelock, Douglas, IM1 2SF OR the appropriate Local Authority, which in this case is; CASTLETOWN - Civic Centre Farrants Way Castletown IM9 1NR - Clerk: Mr E C Convery Telephone 825005. For the more rural authorities a pre arranged appointment may be required by contacting the Clerk directly.
Any persons may make written submissions to the Department with respect to this application before 27th November 2015. If a person wishes to apply to be treated as an interested person (as defined by the Order) they must indicate in their written submission the relationship between their land and the land that is the subject of the application. Such comment should be directed to the Department at the aforementioned address or via the Government's online services. In doing so please be aware that; all written submissions will be made available for scrutiny by the applicant and general public and will form part of any proceedings arising in connection with the application. Anonymous submissions will not be considered as part of any planning determination

1. Not to use the demised premises nor permit the same to be used for any purpose whatsoever other than as a private residential flat nor for any purpose from which a nuisance may arise to the owners, Lessees or occupiers of the other flats in the development or in the neighbourhood nor for any illegal or immoral purpose

1. Not to park or permit or suffer to be parked any commercial vehicle caravan caravanette motor-home boat trailer or any similar vehicle on any part of the development unless with the express permission of the Management Company

1. Not to park or permit of suffer to be parked any motor vehicle motorcycle or other similar vehicle in or on any part of the development other than in any area specifically designated and laid out for the purpose and in any event not to carry out on the development any repairing of any such motor vehicle motorcycle or similar vehicle as aforesaid

1. During the said term to bear and pay all taxes rates charges impositions assessments and outgoings of every kind whatsoever charged upon or payable in respect of the demised premises or any future permitted additions thereto

1. To keep in good and substantial repair and condition the demised premises so as to offer support shelter and protection to the said flats including keeping in repair and replacing when necessary all glass and also all cistern pipes wires and ducts and any other thing installed in the demised premises for the purpose of supplying to the demised premises water gas electricity telephone television aerial or ventilation or for the purpose of draining water and soil

1. To keep the windows of the demised premises clean internally and externally

1. At the expiration or sooner determination of this demise to quit and surrender to the Lessor the demised premises so repaired maintained cleansed and kept as aforesaid with all additions or improvements made thereto (whether by the Lessor or the Management Company or the Lessee) and all fixtures of every kind in or upon the Flat or which during the said term may be affixed or fastened to or upon the same (except tenant’s fixtures)

1. The said dust or refuse bin shall be kept clean and tidy and inside the said storage area and nowhere else

1. Not to bring to allow to be brought into the Flat any article the weight or shape of which shall in any way damage the Flat or floors thereof nor do or permit or cause to be done any damage to any other part of the Building by the carrying of furniture or other articles in or out of the flat

1. Not to linger or loiter within three metres of any window on the ground floor of the Building (except any forming part of the Flat)

1. To comply with any regulations which the Lessor or the Company may from time to time make in respect of the common parts of the Building and not to do or permit anything which would or might be a nuisance or inconvenience to any person using the said common parts

1. Not do or omit to or permit or suffer to be done or omit to be done in or about the Flat or any premises used for the purposes of but not comprised in the Flat anything whereby the Lessor or the Company may become exposed to the liability to pay any penalty damaged compensation costs charges or expenses and keep the Landlord and the Company indemnified against all such liabilities

1. To indemnify the Lessor and the Company against all costs and expenses incurred by or awarded against the Lessor or the Company arising out of any steps taken by the Lessor or the Company at the tenant's request against any other tenant of any flat in the Building in accordance with the covenants on the part of the Landlord and the Company hereinafter contained

1. Not to cut maim or injure any of the structural parts roofs or walls of the flat or make any structural alterations or additions to the flats

1. To use and occupy the flat as a private dwelling in one single or family occupation only and not for any other purpose

1. Not assign underlet or part with the possession of or allow any other person to use or occupy part only of the flat

1. Not to do or omit to do or permit or suffer to be done or omitted to be done anything in the flat the

Dated 6th October 1999

MALEW

HARTFORD HOMES LIMITED

-and-

DERBY COURT MANAGEMENT LIMITED

-and-

JAMES BLAIR and JEAN BLAIR

LEASE

Apartment 6 Derby Court, The Promenade, Castletown

Corbridges Advocates Court View 2 Albert Street Douglas Isle of Man IM1 2QA

THIS LEASE is made the 6th day of October One thousand nine hundred and ninety nine BETWEEN HARTFORD HOMES LIMITED a Company incorporated in the Isle of Man having its Registered Office formerly situate at 7 Athol Street in the Borough of Douglas and Parish of Onchan but now of The Old House Wigan Lane Ballamodha Ballasalla in the Parish of Malew (hereinafter called "the Lessor") which expression where the context so admits shall include the estate owner or owners for the time being of the reversion immediately expectant on the term hereby created) of the first part and DERBY COURT MANAGEMENT LIMITED a Company incorporated in the Isle of Man and having its Registered Office formerly situate at Rosemary House Mount Havelock Douglas aforesaid but now at 37 Victoria Street Douglas aforesaid (hereinafter called "the Management Company" which expression where the context so admits shall include its successors and assigns) of the second part and JAMES BLAIR and JEAN BLAIR his wife both of The Rope Walk College Green Castletown (hereinafter called "the Lessee" which expression where the context so admits shall include the said James Blair and Jean Blair and their executors administrators and permitted assigns) of the third part

WHEREAS: -

(1) The Lessor is the owner in customary fee simple absolute in possession of a plot of land situate at the junction of the Promenade and James Road in the Town of Castletown and Parish of Malew and represented by the portion edged red on the plan marked "Plan no 1" hereunto annexed upon which the said Lessor has constructed a development of self-contained residential flats to be called and known as Derby Court (hereinafter called "the development")

(2) The development contains a number of self-contained flats together with a number of garages and car parking spaces and the Lessor has agreed to grant a lease

EXECUTED by the Lessor in the presence of:-

• H. Theresa Coxe

Court View 2 Albert Street Douglas Mlns LEX

EXECUTED by the Management Company in the presence of:-

• H. Theresa Coxe

Court View 2 Albert Street Douglas Mlns LEX

EXECUTED by the Lessee in the presence of:-

• H. Banker

Helen Barker Cains Advocates 15-19 Athol Street Douglas, Isle of Man Conveyancing Manager

Dated 6th October 1999

MALEW

HARTFORD HOMES LIMITED

-and-

DERBY COURT MANAGEMENT LIMITED

-and-

JAMES BLAIR and JEAN BLAIR

LEASE

Apartment 4 Derby Court, The Promenade, Castletown

Corbridges Advocates Court View 2 Albert Street Douglas Isle of Man IM1 2QA

EXECUTED by the Lessor in the presence of:-

• U. Tharese
• Court View
• 2 Albert St.
• Douglas
• M Ins LEX

EXECUTED by the Management Company in the presence of:-

• U. Tharese
• Court View
• 2 Albert Street
• Douglas
• M Ins LEX

EXECUTED by the Lessee in the presence of:-

• H. Barker

Helen Barker Cains Advocates 15-19 Athol Street Douglas, Isle of Man Conveyancing Manager

THIS LEASE is made the 6th day of October One thousand nine hundred and ninety nine BETWEEN HARTFORD HOMES LIMITED a Company incorporated in the Isle of Man having its Registered Office formerly situate at 7 Athol Street in the Borough of Douglas and Parish of Onchan but now of The Old House Wigan Lane Ballamodha Ballasalla in the Parish of Malew (hereinafter called "the Lessor") which expression where the context so admits shall include the estate owner or owners for the time being of the reversion immediately expectant on the term hereby created) of the first part and DERBY COURT MANAGEMENT LIMITED a Company incorporated in the Isle of Man and having its Registered Office formerly situate at Rosemary House Mount Havelock Douglas aforesaid but now at 37 Victoria Street Douglas aforesaid (hereinafter called "the Management Company" which expression where the context so admits shall include its successors and assigns) of the second part and JAMES BLAIR and JEAN BLAIR his wife both of Rope Walk Castletown (hereinafter called "the Lessee" which expression where the context so admits shall include the said James Blair and Jean Blair and their executors administrators and permitted assigns) of the third part

WHEREAS:- (1) The Lessor is the owner in customary fee simple absolute in possession of a plot of land situate at the junction of the Promenade and James Road in the Town of Castletown and Parish of Malew upon which the said Lessor has constructed a development of self-contained residential flats to be called and known as Derby Court (hereinafter called "the development") (2) The development contains a number of self-contained flats together with a number of garages and car parking spaces and the Lessor has agreed to grant a lease of one of such flats and a double garage to the Lessee upon the