DEC Decision Notice

Ellis Brown ArchitectsEllis Brown Architects Mrs N Redwood-Sawyer 12 Strathallan Crescent Queens Promenade Douglas IM2 4NR

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act, and subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Mrs Lynne Morgan, Ref 23/00517/B, for the Erection of a detached dwelling with parking and access to be formed from the existing field access gate at Field 514355 And Part Field 510185 Rheast Road Santon Isle Of Man for the following reason(s):

• 1. The principle of development for the erection of a dwelling is not accepted because the site lies within a rural and protected part of the countryside where any development is strictly controlled with the site not being allocated specifically for any development. The personal circumstances put forward by the applicant are not considered to be of such significance to warrant a departure from DEFA Planning's policies for the area. The proposal would be contrary to the provisions of General Policy 3a); Housing Policy 4a); and, Environment Policy 1, which seeks to protect the countryside for its own sake and from "Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
• 2. The siting, design, scale and visual impact of the dwelling on the character of the site, and overall surroundings is unacceptable because the dwelling would be set in from the sites boundaries, and would appear very much as an isolated feature on the site. This would be unacceptable in this countryside context, given that the site relates more to the rural, verdant softness of its countryside surroundings, than to any of the nearby dwellings. The proposal would, therefore, fail to accord with the provisions of General Policy 2 (b, c and g) in the Adopted Isle of Man Strategic Plan (2016), which seek to protect sites and their surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; and, to ensure that new development does not adversely affect the character of the surrounding landscape or townscape; or the amenity of local residents or the character of the locality.
• 3. Notwithstanding the above reasons of refusal, the existing vehicular access serving the site is shown as being upgraded on Proposed Site Plan Drawing No. 21/3132/02 to serve the development. However, the applicant has failed to demonstrate that vehicle vehicle visibility splays can be provided either side of the vehicular access serving the site in

accordance with the requirements of the Manual for Manx Roads. Any such access should conform to Manual for Manx Roads residential access standards as listed in Appendix B.4 and include; an access width of between 3.4m (as it appears to be shared pedestrian access also) and 6m depending on shared use for agricultural; entry splays; bound and consolidated surface for the first 5m/6m from the edge of the highway; and gates setback a minimum of 5m / 6m from the highway. Given the lack of such details to demonstrate that safe access and egress can be achieved from the proposed access location, the proposal fails to meet the requirements of Transport Policy 4 in the Adopted Isle of Man Strategic Plan (2016).

Date of Issue: 29th August 2023

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Acting Head of Development Management in accordance with the authority delegated to them.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

•  the grounds for making the appeal;
•  payment of the planning appeal fee (currently £335); and if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £125).

Where the appeal is submitted by the applicant they must:

•  specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
•  Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance.

If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.