Decision Notice

Kinrade Associates Limited 3 The Courtyard Water Street Ramsey

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 Deborah Forster, Ref 17/00006/B, for the Demolition of existing dwellings, garage and outbuildings and erection of four dwellings at Cliffside And End Cafe The Promenade Laxey Isle Of Man IM4 7DD for the following reason(s):

• 1. Whilst planning approval was granted in 2008 for the same development, there is no information on the current condition of the slope to the rear, nor whether there have been any events which may have further de-stabilised the slope since the earlier decision. As such, there is nothing to demonstrate that the development as proposed could be implemented, nor any indication of how the required remediation and protection of the slope could be successfully undertaken and the environmental impact that could have.
• 2. Notwithstanding the decision taken in respect of 07/01201/B for the same scheme, the Committee is of the view that the density and height of the proposed development is inappropriate in this prominent position where development is generally smaller and lower than that proposed. The density and height would result in inadequate levels of private amenity space for the occupants of the units and unsatisfactory outlook from some aspects of the units. Without the details of the remediation and protection of the slope at the rear, it is not fully known whether the outlook to the rear of the units, would be more significantly affected than as shown in the submitted drawings which already show a very close relationship between the slope and any retaining wall, and the rear windows.

Date of Issue: 2nd November 2017

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 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.