Initial Refusal Decision Notice

Town and Country Planning Acts, 1934 - 1991

Isle of Man Planning Scheme (Development Plan) Order 1982

Promoor Limited Third Floor 10 Prospect Hill Douglas IM1 1ET

In pursuance of powers granted under the above Acts and Order the Department of Local Government and the Environment does hereby REFUSE the application made by you on behalf of:

Mr & Mrs Horne

Proposal: Approval in principle for the demolition of existing buildings and erection of a block of three apartments within the same footprint and similar appearance at: Outbuildings In Rear Of Yard At 23, Michael Street, Off Factory Lane Peel

which was considered on 30 September 2004, for the reasons set out in the attached schedule.

Date of Issue: 7 October, 2004

Murray House Mount Havelock Douglas Isle of Man

[Signature] Secretary Planning Committee

Note 1: The decision contained in this notice does not become final until:-

• the time for requesting a review of the initial decision has expired; or
• any review of the initial decision has been completed; or
• the time for requesting an appeal in relation to any decision at review has expired; or
• any appeal has been completed.

Note 2: Rights of review against the decision are attached.

Reasons For Refusal

Application Ref No: 04/01495/A

1. The outbuildings to the rear of 23 Michael Street are former smoke houses and have particular historic and architectural significance. The buildings make a positive contribution to the character and appearance of the Peel Conservation Area and their loss by way of demolition would be premature until such time as there is in place detailed approval for a redevelopment or renovation scheme which preserves or enhances the character and appearance of the Conservation Area.

There is a presumption against the demolition of buildings in the Conservation Area and whilst it is accepted that there may be limited opportunities to reuse the existing smoke house as living accommodation, this is not in itself justification to allow their loss. The current proposals would therefore be contrary to Policy CA6 as set out in Planning Circular 1/01 'Policy and guidance notes for the Conservation of the Historic Environment'.

1. Notwithstanding the above, the plans submitted do not demonstrate that there would be sufficient space for the parking and turning of vehicles associated with both the proposed residential accommodation and also the existing premises. This is particularly important given the proposed shared access arrangements off Factory Lane and the indication that further buildings could be developed in the future.

1. The proposed layout of the apartments would not conform to the requirements of the Fire Precautions (Flats) Regulations 1996. The applicant is advised to consult the Fire Prevention Officer (tel. 647303) prior to the submission of any future applications.

NOTE The applicant and architect are encouraged to discuss any future applications with the Conservation Section and the Planning Officer.

NOTE Any revised application should include any proposed vehicular access off Factory Lane within the red site boundary.

NOTE This decision was made by the Planning Committee constituted in accordance with Paragraph 2 of Schedule 1 of the Isle of Man Planning Scheme (Development Plan) Order 1982.