Refusal Decision Notice
M P Associates Ltd 12 Strathallan Crescent Douglas Isle Of Man IM2 4NR
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 Infrastructure determined to REFUSE a planning application by Forest Homes Developments Ltd, Ref 13/91198/REM, for the Reserved Matters application for the erection of two replacement detached dwellings with associated parking at Clypse Mooar Cottages Clypse Onchan Isle Of Man IM4 5BG for the following reason(s):
- The plans submitted are contradictory as they show chimneys on the front and rear elevations but not on the side elevations. As such, even were the Planning Authority minded to approve the planning application, the dwellings could not be constructed as drawn.
- The dwellings proposed, while utilising some elements of traditional Manx dwellings, could not be said to fully comply with the relevant policies of Planning Circular 3/91 as required of replacement dwellings by Housing Policy 14 of the Isle of Man Strategic Plan (2007). As such, the proposal is contrary to Housing Policy 14 of the Isle of Man Strategic Plan (2007).
- The parking arrangements proposed for Plot 1 would potentially require dangerous vehicle movements from Plot 1 onto the highway in order to access any car located in the garage for Plot 1. This arrangement is contrary to General Policy 2(g) of the Isle of Man Strategic Plan (2007).
- The proposed 4-bedroomed house on Plot 2 would have insufficient private amenity space and this would result in unsatisfactory living conditions for future occupants.
Date of Issue: 2nd June 2014 M Gallyher Director of Planning and Building Control Guidance Note
This decision was made by the Director of Planning and Building Control in accordance with the authority delegated to him.
A copy of the Officer's report which led to the decision is enclosed. Any appeal against this decision must be in accordance with Article 8 of the Order. 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 an order made by the Department under Section 1(1) of the Fees and Duties Act 1989 (currently £150);
- 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 http://www.gov.im/categories/planning-and-building-control/planning-development-control/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.
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.
