DEC Decision Notice

Mr A Henderson 4 Furman Close Onchan IM3 1BT

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 Mr William McDowell, Ref 18/00913/B, for the Erection of a dwelling with associated parking at Land Off Lane At Rear Of Westminster Drive Douglas Isle Of Man for the following reason(s):

• 1. Locating a dwelling here would adversely affect neighbouring residential amenity through the comings and goings associated with the dwelling and also owing to the impact a dwelling of this size adjacent to the garden of the neighbouring 13 Westminster Drive would have on the enjoyment of the garden associated with that existing dwelling. The proposed dwelling is therefore contrary to parts (g) and (h) of General Policy 2 of the Isle of Man Strategic Plan 2016.
• 2. The dwelling proposed would have insufficient outdoor amenity space and an inadequate outlook from its principle rooms, contrary to paragraph 7.34.1 of Environmental Policy 42 of the Isle of Man Strategic Plan 2016.
• 3. The hardstanding area proposed for the parking of vehicles does not meet the minimum length standard for a parking space for two private vehicles, which is the required number of parking spaces for a two-bedroom dwelling. The application is therefore contrary to part (h) of General Policy 2 and Transport Policy 7 / Appendix 7 of the Isle of Man Strategic Plan 2016.
• 4. Due in part to the proposed hardstanding area not meeting the minimum length standard for a parking space for two private vehicles and due to the narrow size of the existing lane, it is likely that parked cars would overhang the proposed parking area, encroaching onto the lane; the proposal would therefore prevent the proper access to the lane and provide insufficient turning and manoeuvring space, which would have an unacceptable effect on road safety or traffic flows on the local highways and prevent its proper use. The application is therefore contrary to parts (h) and (i) of General Policy 2 and Transport Policy 4 of the Isle of Man Strategic Plan 2016.

Date of Issue: 15th February 2019

Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

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.