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 JM Project Management Limited, Ref 18/00329/REM, for the Reserved Matters application for the construction of retail unit with associated parking (relating to PA 15/00775/A) at Field 320653 And Part Field Nos 324324, 324323 & 324321 Ballaglonney Farm Peel Road Crosby Isle Of Man for the following reason(s):

• 1. The size and particularly the height of the building is considered out of keeping with the rural nature of the site.
• 2. It is not considered that there is justification for the inclusion of the internal staircase and also, it is considered that its inclusion increases the likelihood of the provision of additional floorspace at the upper level which would be contrary to the provisions of the approval in principle and Business Policy 9 and Department for Enterprise's Isle of Man Retail Sector Strategy.
• 3. The size of the unit, which is larger than that approved in the approval in principle is considered unacceptable given the rural location of the site and Business Policy 9.
• 4. The proposal would result in significant increase of traffic in the estate to the detriment of the living conditions of those in the new estate as well as those living close to and opposite the site.

Date of Issue: 9th July 2018

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

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.