Refusal Notice 12/00749/B
Town and Country Planning Act 1999
Town and Country (Development Procedure) Order 2005
Dave Luton Design Engine House Studio Agneash Lonan Isle Of Man IM4 7NS
In pursuance of powers granted under the above Act and Order the Department of Infrastructure does hereby REFUSE the following application made on behalf of:
Name: Mrs Meg Cowin Proposal: Erection of six dwellings with parking to replace existing Public House at: The New Inn New Road Laxey Isle Of Man IM4 7HS
which was considered on 19th September 2012, for the reasons set out below.
Date of Issue: 20th September 2012
Murray House Mount Havelock Douglas
RESOLUTIONS:
REASON(S) FOR REFUSAL:
- The proposed development entails the removal of eight existing trees. The Laxey and Lonan Area Plan Order 2005 sets out a general presumption against the removal of trees within the plan area, including instances where this is proposed in order to facilitate development. These existing trees provide a pleasant green environment that is beneficial to the amenity of the street scene and overall area. As such, the loss of these trees would have an unacceptable adverse impact on public amenity and be contrary to the provisions of Policy L/OSNC/PR/6 of the Laxey and Lonan Area Plan Order 2005.
- The proposed development fails to meet car parking requirements defined by Appendix 7 of the Isle of Man Strategic Plan 2007. Whilst car parking requirements may be relaxed in certain instances it is inappropriate to do so in this location as a failure to meet car parking standards will increase pressure on, and the likelihood of, on-road parking which would be harmful to highway safety in this location, especially as New Road is the main road and main coastal route through Laxey. As such, the proposal is contrary to the provisions of the General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2007.
Notwithstanding the first reason for refusal, the inability to provide sufficient on-site car parking to meet the requirements of the proposed development is considered to indicate that the proposal represents overdevelopment of the land in question.
This decision was made by a Senior Planning Officer in accordance with the authority delegated to them under Article 3(13) of the Town and Country (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.
