DEC Decision Notice

Construction Design LtdMr Barry Murphy 2nd Floor 10 Parliment Street Ramsey IM8 1AP

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act, and subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Lowline Ltd, Ref 24/00106/B, for the Demolition of existing dwelling; construction of 2 replacement dwellings; minor relocation of existing entrance and formation of new entrance at East View Sulby Bridge Sulby IM7 2EU for the following reason(s):

• 1. Due to the overall density of development, layout of the individual plots, design and landscaping of buildings and the spaces around them, coupled with the quantum of development on the application site, the proposal is considered to result in a visual overdevelopment of the site. The scheme is also considered to be at variance with the context, character and appearance of this part of Surby, which is defined by detached buildings laid out within medium sized plots, thus failing to comply with Strategic Policy 3(b), Strategic Policy 5, General Policy 2 (b, c & f), and Environment Policy 42 of the Strategic Plan.
• 2. The siting, height and design of the proposed second floor bedroom windows on the north elevation of the north facing semi-detached dwelling, which is proposed as part of the development would result in unacceptable levels of actual and perceived overlooking from the proposal site into the rear garden of 6 Carrick Park, to the detriment of the residential amenity, and contrary to General Policy 2 (g) of the Isle of Man Strategic Plan 2016, and the Residential Design Guide 2021.

Date of Issue: 17th July 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Acting Head of Development Management in accordance with the authority delegated to them.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

the grounds for making the appeal;

payment of the planning appeal fee (currently £335); and if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £125).

Where the appeal is submitted by the applicant they must:

specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and

Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance.

If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.