Appeal Refusal Decision Notice

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure) Order 2005

TO: Kay Associates, Southgate House, 89 Circular Road, Douglas, Isle of Man, IM1 1AX;

[Copies as per Circulation List]

In pursuance of his powers under the above Acts and Order the MINISTER for Infrastructure, following report by the appointed person, does hereby REFUSE the application by Howstrake Developments Limited – Erection of a detached dwelling, Plot 1, Far End and adjacent vacant plot, King Edward Road, Onchan, for the following reasons:-

The proposed dwelling would seriously harm the living conditions of residents in “Braemar” and “Long House” by reason of –

(a) a serious problem of overlooking and loss of privacy from the first-floor balcony and master suite to the rear gardens of both dwellings; and (b) the proposed building being overbearing when viewed from the rear gardens of both dwellings.

Date of Issue: 12th October 2010.

Murray House, Mount Havelock, Douglas, Isle of Man.

By Order of the Minister

I. T. Thompson, Chief Executive

Note 1: A copy of the report of the appointed person is appended hereto.

Note 2: To the extent that the decision does not follow the recommendations of the appointed person the reason for the decision is also appended hereto.