Refusal Notice 11/00839/B
Town and Country Planning Act 1999
Town and Country (Development Procedure) Order 2005
M P Associates Ltd 12 Strathallan Crescent Douglas Isle Of Man IM2 4NR
In pursuance of powers granted under the above Act and Order the Department of Infrastructure does hereby REFUSE the following application made on behalf of:
Name: Mr Simeon & Mrs Shelley Berry Proposal: Erection of a replacement dwelling at: Upper Kirkill Ballakillowey Road Colby Isle Of Man IM9 4BW
which was considered on 26th July 2011, for the reasons set out below. Date of Issue: 29th July 2011 Murray House Mount Havelock Douglas
Reason(S) For Refusal:
- The replacement dwelling, by virtue of its size, massing, height and style would be out of context with a predominantly open and exposed landscape and would be contrary to the provisions of Housing Policy 14 of the Strategic Plan in terms of the size and style of the new dwelling.
- The site defined in red, which is described in the application form as "residential" includes a substantial amount of land which is not presently residential curtilage and if treated as such, would or could transform what is presently open natural land into domesticised and inappropriately landscaped garden, with the features and elements associated therewith and some permissible under the Town and Country Planning (Permitted Development) Order 2005 which would be out of keeping with the area.
This decision was made by the Development Control Manager in accordance with the authority delegated to her under Article 3(13) of the Town and Country (Development Procedure) Order 2005.
Guidance Note
The decision contained in this notice does not become final until either;
- The time for requesting an appeal has expired; or
- Any appeal has been determined;
Whichever is the later.
Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department’s website www.gov.im/transport/planning/plan/applications/decision.xml
A copy of the Officer’s report, which led to this decision, is attached for reference. This report, together with correspondence relative to the application, is available for inspection by anyone wishing to view it at the Department.
