Decision Notice
Aidan McCusker Highway Services Department Of Infrastructure Sea Terminal Douglas IM1 2RF
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 Department Of Infrastructure, Ref 18/00956/B, for the Construction of 507m long reinforced concrete wall 1.2m in height anchored to the existing sea wall to reduce wave overtopping at Sea Wall Harris Promenade Douglas Isle Of Man for the following reason(s):
- It is considered that the proposal is unacceptable because there is a lack of information, justification and consideration of key issues, in particular:
- - there is insufficient information in relation to the potential impact of the proposal on the Conservation Area;
- - there is no Environmental Impact Assessment (contrary to Strategic Plan Environment Policy 24);
- - there is no formal Flood Risk Assessment (contrary to Strategic Plan Environment Policy
10) - including a lack of information as to how water resulting from coastal overtopping would return to the sea; and
- - and there is insufficient consideration as to loss of public views of the sea by people who are unable to see over the wall (contrary to Strategic Plan General Policy 2(e)).
Date of Issue: 14th December 2018
Director of Planning and Building Control
Guidance Note
This decision was made by the Planning Committee in accordance with the authority delegated to it.
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.
