Appeal Decision Notice

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure) Order 2005

TO: Mr. J. Carter, Advocate, Messrs. Carters, Mount Havelock, Douglas, IM1

[Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the DEPUTY MINISTER for Local Government and the Environment, following report by the appointed person, does hereby APPROVE the application by – Callows Yard Developments Limited - Demolition of existing buildings to rear of 28 Arbory Street, partly demolish the barn to the rear of 23 Malew Street and rebuild a new retail/commercial building on the existing footprint linked to the approved adjacent Callow’s Yard Development, Arbory Court, Arbory Street, Castletown, subject to compliance with the following conditions:-

1. The development hereby permitted shall commence before the expiration of

four years from the date of this notice.

1. This permission relates to the demolition of the existing building on the site

and its replacement with a new retail unit as shown and described in drawings reference 2006/001/001 Rev A received on 16th March 2007, and the site and location plans, elevations and plans all received on the 19th December 2006.

1. Prior to the occupation or use of the building hereby permitted, there must be

in place a new wall across the route of the existing access from Arbory Street to Arbory Court, as an extension of the northern boundary of 30 Arbory Street. Any gate, door or other entry through this wall shall have permanent signage indicating that access is prohibited to the general public. Details of the design, dimensions and materials of this wall (including any entry and signage) must be the subject of a further planning application, to be determined by the Planning Authority.

Note: This wall requires planning permission as the site lies within a Conservation Area where there is no provision under the Permitted Development Order for the erection of walling.

1. As much limestone as can be reclaimed from those buildings within the site

which are to be demolished must be salvaged and used in the new development hereby approved. Where new limestone is to be used it must match the remainder of the new buildings within the wider scheme as a whole (PA05/1539).

Continued/...

1. All roofing must be finished in dark, natural slate to match that on adjacent roofing.

1. The Manx museum and National Trust must be informed of the date when building work is to commence and be given access at all reasonable times, and reasonable opportunity to inspect the site, observe all excavations and investigate any archaeological features exposed.

1. Prior to the commencement of works on the demolition of the barn to the rear of 23 Malew Street, a method statement must be submitted to and approved by the Planning Authority, which details how the part of the barn within the development site is to be demolished whilst retaining both the internal boundary wall and the integrity of the part of the barn which is to be retained. Such statement must provide details of how the part of the barn which is to be retained will be protected both during the course of construction and thereafter.

NOTE 1: PRIOR to the commencement of any works the applicant is advised to consult the Chief Fire Officer to ensure that adequate fire precautions are taken.

NOTE 2: The applicant is advised to contact the Isle of Man Water Authority regarding the supply of water to this development. Telephone: 685958.

Dated this 7th day of November 2007

Murray House, Mount Havelock, Douglas, Isle of Man.

By Order of the Minister

Chief Executive

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.