SOC Owner of 56 Victoria Road . SOC (Part 2)

A Johnstone Planning Appeals Administrator On behalf of the Chief Executive Officer Cabinet Office Government Office Douglas Isle of Man IM1 3PN

16th March 2025 Ref: 23/01345/A Proposal: Appeal against refusal for approval in principle for the construction of new housing. Address: 60 Victoria Road Douglas Isle of Man IM2 4HQ Further to my letter of the 15th January 2025 which detailed my strong objection to the planning application referred to above I wish to add further information in support of my objection. The property in question, 60 Victoria Road was sold by with specific convenants against any building or other erection being placed on that property. “ that no building or other erection shall be placed upon any part of the pink property ( now 60 Victoria Road) lying to the south east of the site of the dwelling house marked on the plan hereto annexed so as to detract from the view to be otherwise obtained from the windows of the other houses to be erected on the original plot of any of them.” “That the covenants on the part of the purchasers herein contained shall operate as covenants and also as conditions running with the land” The intention was always that the lower gardens of the six properties should have the shared amenity of the open outlook over the lower land to the south east of the site. The applicant purchased the property from Therefore the covenants listed above will be part of their title deeds. I attach photographs of the relevant sections of the deeds which I hold. I would be grateful if you could keep me informed of any update in the appeals process.

1950 ONCHMA

DATE FILED made this 1950 072 WED. -5 1950 J. J. C. ONCHMA File JJC

UNIT CORE made this July 2nd and mine hundred and fifty B E T W E Z H LOUISVILLE GRAVAGE of 4 Marathon Villas Victoria Road in the Borough of Douglas formerly of 6 Sea View Road in the Parish of Onchma retired Boarding House Proprietor (hercinafter referred to as "the Vendor" which expression unless inconsistent with the context shall include the said Alexander Savage and his heirs executors administrators and assigns) and JESSIE MAY SAVAGE his wife of the one part and FRANK HOWARD of 6 Marathon Villas Victoria Road Douglas aforesaid Tasi Cener and LILIAN HOWARD his wife (hercinafter referred to as "the Purchasers" which expression unless inconsistent with the context shall include their assigns and the survivor of the said Frank Howarth and Lilian Howarth and the heirs executors administrators and assigns of such survivor) of the other part

WHEREAS by a Conveyance (hercinafter referred to as "the 1948 Conveyance") dated the 18th day of November 1948 the Vendor purchased from Cecil Mark Wattersen a certain plot or parcel of land situate abutting on Victoria Road in the Borough of Douglas and Parish of Onchma - the same being called and commonly known as "Marathon Nurseries" and being represented on the Plan annexed to a Conveyance bearing date the 30th day of September 1948 from William Alfred Shimkin to the said Cecil Mark Wattersen by the portion delineated and coloured "green" thereon (the land so acquired by the Vendor by the 1948 Conveyance being hercinafter referred to as "the original plot")

AND WHEREAS certain portions of the original plot comprise the plots of land represented on the Plan hereto

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in the neighbourhood

(5) that no building or other erection shall be placed upon any part of the pink property lying to the South East of the site of the dwelling house marked on the Plan hereto annexed so as to detract from the view to be otherwise obtained from the windows of the other houses to be erected on the original plot or any of them

(6) that the covenants on the part of the Purchasers herein contained shall operate as covenants and also as conditions running with the land and may be specifically enforced by the Vendor at any time after any breach thereof and the Vendor shall have the right to have the same specifically enforced against all persons who may at any time or times hold or be in possession of the pink property or any part thereof without prejudice to any further rem the Vendor may have for breach of conditions or covenants or otherwise