DEC Decision Notice

Quay Design Ltd. 5 The Quay Port St Mary IM9 5EA

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 Richard Cassidy & Ms Nadine Lewis, Ref 19/00257/B, for the Alterations, demolition of an existing store building and erection of a detached double garage at Westmore 35 Arbory Street Castletown Isle Of Man IM9 1LL for the following reason(s):

• 1. The proposal would fail to preserve or enhance the character or appearance of the Castletown Conservation Area, through the removal of unobtrusive stone walling and its replacement with a rendered building of modern proportions. The proposal would therefore contravene General Policy 2b and 2c and Environment Policy 35 of the Strategic Plan as well as policy CA/2 of Planning Policy Statement 1/01.
• 2. The proposal would result in the reduction in the number of full sized car parking spaces on site, contrary to General Policy 2h and Transport Policy 7 of the Strategic Plan.
• 3. The proposal would result in parking spaces where the visibility of and from vehicles emerging from the site would be limited by the garage walls, and would thus result in a reduction in highway safety, contrary to General Policy 2i and Transport Policy 6 of the Strategic Plan.
• 4. The building by virtue of its height and the inclusion of a first floor window in the rear elevation facing the rear of the adjacent dwellings in Arbory Street, would introduce opportunities for overlooking which do not presently exist, and the development would be unneighbourly, contrary to General Policy 2g.

Date of Issue: 14th May 2019

Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management 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.