Decision Notice

Onchan District Commissioners 79 Main Road Onchan IM3 1RD

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 Onchan District Commissioners, Ref 17/00200/B, for the Change of use of existing tennis courts to car parking for private and/or public use, including new vehicular access at Tennis Courts Off Belgravia Road Onchan Isle Of Man for the following reason(s):

• 1. The proposed use of land for the parking of vehicles, would be contrary to Recreation Policy 2 and Environment Policy 42 of the Isle of Man Strategic Plan 2016 and Policy O/TRT/P/5 of the Onchan Local Plan since it would result in a loss of space for recreation purposes or which has the ability to be used for recreation purposes, and the application has failed to demonstrate that the caveats of Recreation Policy 2 can be or have been met.
• 2. The proposal is contrary to the provisions of General Policy 3 of the Isle of Man Strategic Plan 2016 in that the proposed development does not fall within any of the listed exceptions to the restrictions on development outside areas zoned for development.
• 3. The proposal is contrary to the provisions of part (iii) Environment Policy 22 and part (g) of General Policy 2 of the Isle of Man Strategic Plan 2016 in that the proposed development would cause substantial harm to the residential amenities of neighbouring properties through the noise created by the additional traffic generated by the development and also the same traffic then manoeuvring within the site to park.
• 4. The proposal is contrary to the provisions of Transport Policy 4 of the Isle of Man Strategic Plan 2016 in that the application has failed to demonstrate that a safe and acceptable means of access to the site is achievable.
• 5. The proposal is contrary to the provisions of Environment Policy 42 and parts (b) and (c) of General Policy 2 of the Isle of Man Strategic Plan 2016 in that the proposed development would cause substantial harm to the character, appearance and visual amenity of the area by reason of the use of the site as a car park from open space/recreation use and therefore changing the character and appearance of site and street scene.

Date of Issue: 12th July 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 £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.