Decision NOTICE.RTF

Atelier Kruger Architecture Ltd 19 Kensington Road Douglas IM1 3EP

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to REFUSE an application by Arragon Jaguars Limited, Ref 17/01156/B, for the Erection of a pair of semi-detached dwellings at 3-5 Tennis Road Douglas Isle Of Man for the following reason(s):

• 1. The proposal by way of its siting, layout, scale, form and design would have a significant deleterious impact on the character and quality of the locality and is considered to be contrary to General policy 2 (b), (c) and (g) of the Isle of Man Strategic Plan 2016 as it adversely affects the streetscene by introducing a built form that would be harmful to the character and quality of the existing streetscene.
• 2. The proposal fails to preserve or enhance the conservation area in accordance with Environment Policy 35 and Environment Policy 42 and could be considered inappropriate development that is detrimental to the Conservation area and streetscene.
• 3. The proposed lack of parking arrangements and garaging does not accord to the requirements as detailed in the Manual for Manx roads and is considered contrary to General Policy 2 (h) & (i) and Transport Policy 4 of the Strategic Plan.
• 4. The proposed development would be seen to prejudice the use or development of the adjoining building / land referred to as the "Coach House" and is considered contrary to General Policy (2k).
• 5. The proposed development would place the 3 broadleaf trees within the application site and neighbouring trees outside the site at risk with potential for long term conflict of use in relation to shading and potential damage to the building. This may result in pressure to remove the trees which is considered contrary to General Policy 2(c) as it would be considered to detrimentally affect the character of the locality.
• 6. The proposed development would be removing the existing amenity space for the flats of No.5 Tennis Road which is deemed unacceptable and contrary to General Policy 2(g).

Date of Issue: 21st September 2018

Director of Planning and Building Control

Guidance Note

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

This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Whilst a copy of the Officer’s report is included alongside this notice, any wider correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

•  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2016 (currently £175);
•  The reasons for making the appeal; and
•  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.