Refusal Decision Notice

Town and Country Planning Act 1999

Town and Country (Development Procedure) Order 2005

GCA Architects Carmodil Beg Studio Glen Road Ballaugh

In pursuance of powers granted under the above Act and Order the PLANNING COMMITTEE of the Department of Infrastructure does hereby REFUSE the following application made on behalf of:

Name: Mr Gary Coleman Proposal: Creation of a horticultural nursery including polytunnels, access and associated works (partial retrospective) at: Field 134801 Clenagh Road Sandygate Ramsey Isle Of Man

which was considered on 10th February 2011, for the reasons set out below. Date of Issue: 15th February 2011 Murray House Mount Havelock Douglas

Mrs C Dudley Deputy Secretary to the Planning Committee

Reason(S) For Refusal:

1. The proposal fails to comply with Environment Policy 17 by reason that the polytunnels are detrimental to visual amenity, sited close to a highway and due to the activity associated therewith, likely to compromise highway safety.

1. The laying of the hardstanding associated with the erection of the polytunnels and use of the land for horticulture is incompatible with the land use zoning of the site for Nature Conservation and Ecological Importance. The resultant loss of vegetation and wildlife in the location has had a detrimental impact on the environment. There is no justification of overriding national need. The proposal is therefore contrary to Environment Policy 1 and 4 of the Isle of Man Strategic Plan, 2007.

1. By reason of the increase in traffic upon a fast stretch of road, together with poor visibility, the access would be unsuitable for commercial purposes which would lead to an increased risk of accidents to both existing and proposed road users.

1. The required visibility splay of 120 m in both directions suggested by the Department of Transport is not within the ownership or control of applicant and, as such, cannot be achieved.
2. The provision of the new access by reason of the removal of vegetation and the creation of hardsurfacing is detrimental to the visual amenities of the area and harmful to the site designation.

This decision was made by the Planning Committee constituted in accordance with Article 3(1) of the Town and Country Planning (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.