Decision Notice

Ellis Brown 12 Strathallan Crescent Queens Promenade Douglas IM2 4NR

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 Estate Of Amy Kissack Deceased Per James Cowell, Ref 15/01156/A, for the Approval in principle for the residential development of thirty six dwellings addressing siting and means of access at Part Of Grounds Associated With Close Jairg Beg And Field's 324318, 320912 & 324316 Old Church Road Crosby Isle Of Man for the following reason(s):

• 1. The proposal represents unwarranted development on land not zoned for any purpose. As such, the proposal is in direct conflict with Spatial Policy 5, General Policy 3 and Environment Policies 1 and 2 of the Isle of Man Strategic Plan 2016, which collectively protect the Manx countryside from inappropriate development.
• 2. The development proposed is of a scale inappropriate to maintain the existing settlement character of Crosby. Without any emerging policies or evidence to indicate that such a development fits with a strategic need or vision for the village, it is concluded to be contrary to Spatial Policy 4 of the Isle of Man Strategic Plan 2016.
• 3. The proposed site layout, including the road layouts, would result in the loss of, and future pressure to remove, important and attractive trees that provide a highly valued landscape feature for the site and wider area in which it sits and, as such, the proposal fails to comply with Environment Policy 3 of the Isle of Man Strategic Plan 2016.
• 4. The application fails to provide sufficient evidence to demonstrate that the proposed development would not adversely impact species or habitats of international, national or local importance. It is accordingly concluded that the application is contrary to Environment Policy 4 of the Isle of Man Strategic Plan 2016.
• 5. The site layout as proposed would provide insufficient public open space, contrary to Recreation Policy 4 of the Isle of Man Strategic Plan 2016.
• 6. The application provides no evidence as to why a site layout of this density should be concluded as being acceptable in this location and at this time. Accordingly, the application is contrary to part (b) of Strategic Policy 1 of the Isle of Man Strategic Plan 2016.

Date of Issue:

1st December 2016

Interim Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it in the name of the Minister and/or in the name and on behalf of the Department.

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 2015 (currently £170);
•  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.