Decision Notice

Mr Paul Heginbotham 116 Ballacriy Park Colby Isle Of Man IM9 4ND

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 Mr Paul Heginbotham, Ref 17/01231/B, for the Creation of access in to field from garden (retrospective) at 116 Ballacriy Park Colby Isle Of Man IM9 4ND for the following reason(s):

• 1. The proposal would introduce traffic which is not associated with either 115 or 116, Ballacriy Park , in close proximity to these properties and which would have an adverse impact on the living conditions of those in both of these properties. In addition, this traffic will involve agricultural vehicles and equipment, large and often noisy vehicles whose movement past both houses is likely to create noise and a significant visual impact. The development is therefore considered to be contrary to General Policy 2g and k of the Strategic Plan.
• 2. The proposal will introduce agricultural vehicles and equipment into the cul de sac of 107 - 125, Ballacriy Park where such traffic would not previously have been present. Due to the width of the highway and the incidence of parked vehicles on both sides of the road, and its nature as a cul de sac, it is considered that the introduction of such traffic would be detrimental to highway safety, both in terms of those owning parked vehicles and pedestrians and motorists getting in and out of their vehicles. The proposal is therefore contrary to General Policy 2h, i and m.
• 3. The use of the access by agricultural vehicles and those coming from a field, is likely to result in mud and debris being deposited on the road and it is unlikely that a practicable means of preventing or remediating this could be provided: none is proposed. As such, the proposal is contrary to General Policy 2h and m of the Strategic Plan.

Date of Issue: 16th August 2018

Director of Planning and Building Control

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950

Guidance Note

This decision was made by a Principal Planner 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.

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950