Appeal Letter and Notice

Department of Environment, Food and Agriculture

Rheynn Chymmyltaght, Bee as Eirinys

Mr John Barton Apt. 17 Marlborough Court Castle Terrace, Central Promenade Dougas IM2 4LH

Telephone (01624) 685958 Email: [email protected] Contact: Scott Gallacher Our Ref: MEC /AP24/0039 Date: 24th March 2025

Dear Sir/Madam,

On Appeal

Appeal Ref: AP24/0039 PA No: 23/00128/B Address: 40 Peel Road Douglas Isle Of Man IM1 4LY Proposal: Conversion of residential site to a block of 4 residential apartments

I refer to the appeal in respect of the above planning application.

In accordance with the provisions of The Town and Country Planning (Development Procedure) Order 2019, I herewith give notice of the appeal decision.

The Minister for Environment, Food and Agriculture, the Hon C Barber MHK, has considered the report, concurs with the appointed person’s conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly, she has directed that the Department’s decision to refuse the application should be upheld, and that the application should be Refused. Formal notice of this decision is attached.

Yours faithfully

Scott Gallacher Chief Officer

cc. Mrs Caroline Kay, Southgate House, 89 Circular Road, Douglas, IM1 1AX

The Town And Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2019

Mr John Barton Apt. 17 Marlborough Court Castle Terrace, Central Promenade Dougas IM2 4LH

Appeal Ref: AP24/0039

In pursuance of her powers under the above Act and Order/Regulations, the Minister for the Department of the Environment, Food and Agriculture, the Hon C Barber MHK does hereby in the name of and on behalf of the Department REFUSE planning application 23/00128/B by Mr John Barton for Conversion of residential site to a block of 4 residential apartments - 40 Peel Road Douglas Isle Of Man IM1 4LY for the following reason(s):-

Reason(S) For Refusal:

1. Due to the overall height, bulk, layout of the site, design of the spaces around the building, coupled with the quantum of development on the application site, the proposal is considered to result in a visual overdevelopment of the site. The proposal would also fail to relate positively with the buildings on the terrace to which it belongs, whilst also failing to take proposer cognisance of the context of the site within which it is to be established. It is, therefore, considered that the development would result in unacceptable harm to the character and appearance of the site, and the immediate locality of this part of Douglas, thus failing to comply with Strategic Policy 5, General Policy 2 (b, c & g), and Environment Policy 42 of the Strategic Plan.

1. The siting, height and design of the proposed rear outrigger would result in unacceptable overlooking and loss of privacy to the neighbouring residential properties at Nos. 87 and 89 Circular Road, contrary to General Policy 2 (g) of the Isle of Man Strategic Plan 2016, and the Residential Design Guide 2021.

1. The erection of the three storey rear outrigger, which is proposed as part of the development, and which sits at about 9.7m high from ground level, spans some 8.2m, and is positioned directly on the shared boundary with No 38 Peel Road, is considered unneighbourly due to its overall mass and length and would result in significant loss of light, particularly in the evenings, as well dominating the outlook for the occupants of No. 38. In this respect, the proposed development is considered to be unacceptable when assessed against General Policy 2 (g) and the relevant sections of the Residential Design Guide 2021.

Date of issue 24th March 2025 By Order of the Minister Scott Gallacher Chief Officer

Note 1: A copy of the report of the appointed person is appended hereto.

Note 2: All parties should note that there is no prescribed right of appeal relevant to the Minister's decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Note 3: The letter which accompanies this notice forms part of the notice in accordance with Article 13 (3) of the Town & Country Planning (Development Procedure) Order 2019.