DEC Decision Notice

Nicholas Brian Design Limited Mr I Piercy 127 Royal Avenue Onchan IM3 1LD

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 J & Mrs S Halligan, Ref 19/00850/B, for the Installation of dormer windows to rear and gable elevations at 41 Ballabrooie Grove Douglas Isle Of Man IM1 4EX for the following reason(s):

• 1. General Policy 2 of the Strategic Plan requires that development has an acceptable impact on the surrounding area and this is further guided by the Department's Residential Design Guidance adopted in July 2019. This clearly presumes against flat roofed dormers which do not follow the style and design of the buildings to which they would be attached, particularly where the works would be publicly visible. In this case, the flat roofed dormer would be visible from sections of Ballabrooie Avenue, appear as an incongruous addition to the existing dwelling, in addition to being harmful to the character and appearance of both the site and the wider area. The rear dormer is therefore contrary to GP2b, c and g.
• 2. The proposed side dormer, even if it were finished in its pitched roof, modest form and scale, is considered to result in a visually intrusive and detrimental impact on the streetscene and existing dwelling, and would adversely change the character and appearance of the wider area, contrary to the provisions of General Policy 2b, c and g of the Strategic Plan.

Date of Issue: 2nd October 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 current Fees Order;
•  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.