Decision Notice

Mrs Janine Sleight Shilley Lhean Glen Road Ballagawne Castletown IM9 4HL

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 Mrs Janine Sleight, Ref 18/01092/B, for the Erection of a detached building to provide ancillary living accommodation at Field 420733 Adjacent To Shilley Lhean Ballagawne Ballabeg Castletown Isle Of Man for the following reason(s):

• 1. The Strategic Plan sets out the policies which direct development within the Island, primarily to its existing towns and villages and not in the countryside (Strategic Aim, Strategic Policies 1, 2 and 10, Spatial Policy 5, General Policy 3, Housing Policy 4). The Area Plan for the South identifies this site as within an area not designated for development and the site is not within the residential curtilage of Shilley Lhean. The development, which proposes a building large enough to form a satisfactory permanent living unit, would therefore be contrary to the above policies.
• 2. The application does not contain any provision for the parking and manoeuvring of vehicles nor how the residential curtilage of the new unit would be formed. Even without this information, it is likely that the structure itself would be visible above the roadside hedge and would have an adverse impact on the otherwise open and natural character of the area.
• 3. It has not been demonstrated that the existing access offers sufficient visibility for the drivers of vehicles emerging from the site and as such, the increase in levels of use of this access is likely to be detrimental to highway safety in an area where the speed of traffic is derestricted, contrary to Strategic Policy 10 of the Strategic Plan. It is likely, given the existing buildings either side of the entrance, that satisfactory levels of visibility for those emerging from the site would not be available and the development would increase the number of people using the entrance, contrary to the interests of highway safety.

Date of Issue: 21st November 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.