Appeal Decision Notice PA07/2303/A

Please reply to the Chief Executive

17 NOV 2009

Our ref: KAK/AJC

16th November 2009

Dear Sir/Madam

ON APPEAL: PA07/2303/A – Heritage Homes Ltd – Approval in principle for the development of Residential, Industrial and Open Space uses, Fields 134278, 134279, 134280, 134281, 134282, 134283, 134284, 134288 & 134289 Between Lezayre Road and the Sulby River and the West of the Auldyn River Ramsey & Lezayre, Isle of Man.

I refer to the recent appeal hearing in respect of the above planning application.

In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.

The Minister has considered the report, concurs generally with the appointed person’s conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly he has directed that the Planning Committee’s decision to refuse permission should be confirmed, albeit for only the single reason relating to access which is summarised in paragraph 74 of the report. Formal notice of this decision is enclosed herewith.

The Minister also indicated that his decision is without prejudice to a further application which includes a Transport Assessment and details of the arrangements for accessing the site. He also recommended that, during the preparation of such an application, there should be consultation with the appropriate planning officer to discuss the inclusion, or otherwise, of Field 134281.

Yours faithfully Chief Executive Please see over for circulation list/...

Circulation List – PA07/2303/A

1. Heritage Homes Ltd, Dandara Group Head Office, Isle of Man Business Park, Cool Road, Braddan, IM2 2SA,
2. Lezayre Parish Commissioners, Lezayre Community Hall, Clenagh Road, Sulby, Lezayre, IM7 3AB,
3. Ramsey Town Commissioners, Town Hall, Parliament Square, Ramsey, IM8 1RT,
4. Estates & Housing Directorate, DLGE, Murray House, Mount Havelock, Douglas,
5. S.P.M.C.&E., Glebe Cottage, Church Road, Maughold, IM7 1AS,
6. Inland Fisheries Development Manager, Department of Agriculture Fisheries & Forestry, Rose House, 51-59 Circular Road, Douglas, IM1 1AZ,
7. Manx Electricity Authority, PO Box 177, Douglas, IM99 1PS,
8. Drainage Division, Department of Transport, Meary Veg, Bainahowe, Santon, IM4 1HL,
9. Manx National Heritage, Kingswood Grove, Douglas,
10. Wildlife & Conservation Officer, Department of Agriculture, Fisheries & Forestry, Wildlife & Conservation Office, Advisory Division, Knockaloe Farm, Peel, IM5 3AJ,
11. Mr D N Sykes, Greenlands, Gardeners Lane, Ramsey, IM8 2TF,
12. Mrs Porter, 47 Lezayre Park, Ramsey, IM8 2PT,
13. Mrs O'Hara, Sandrum, Glen Auldyn, Ramsey, IM7 2AF,
14. Mr & Mrs Taylor, Mill House, Sulby Glen, Sulby, IM7 2BB,
15. J Norton, Scacafel, Lezayre Road, Ramsey, IM7 2AJ,
16. M & M Meddings, Underhill, Lezayre Road, Lezayre, Isle of Man,
17. J H Teare, Lheaney Ballakerka, Clenagh Road, Sulby, IM7 3AD,
18. J Edwards, Ballakillingan, Lezayre, Isle of Man,
19. J E Curphey, Ballahowin, Main Road, Sulby Bridge, Isle of Man,
20. Carter Jones McDonald, Athol Chambers, 21 Athol Street, Douglas, IM1 1LB,
21. Highways & Traffic Division, DOT, Sea Terminal Buildings
22. Secretary, Planning Committee;
23. Chairman and Members of the Planning Committee;
24. Secretary, Planning Appeals Inspectorate;
25. Mr. T. O'Hanlon, Treasury;
26. The Editor, Isle of Man Newspapers, Peel Road, Douglas;
27. Manx Radio Newsroom, Douglas Head, Douglas;
28. Mrs. J. Clague, 6 Thomas Keig Road, Johnny Watterson's Lane, Douglas;
29. Radio 3FM, 45 Victoria Street, Douglas, IM1 3RS;
30. Energy FM, 100 Market Street, Douglas, IM1 1PH;
31. The Manx Herald, Seacliffe, Old Castletown Road, Ballaveare, Braddan. IM4 1BB.

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure) Order 2005

TO: Heritage Homes Ltd Dandara Group Head Office Isle of Man Business Park Cool Road Braddan IM2 2SA

In pursuance of his powers under the above Acts and Order the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby REFUSE the application by Heritage Homes Ltd – development of Fields 134278, 134279, 134280, 134281, 134282, 134283, 134284, 134288 and 134289 between Lezayre Road and the Sulby River, and west of the Auldyn River, with residential, industrial and open space uses, in accordance with the West Ramsey Development Framework and the 1982 Development Plan for the following reason:-

There is not within the submitted application sufficient information to enable the Department to assess properly the likely impact of traffic that would travel to and from the proposed development area on the surrounding road network. The application therefore falls to comply with the requirements of Transport Policy 8 of the Strategic Plan.

Date of Issue: 16th November 2009

By Order of the Minister

Murray House, Mount Havelock, Douglas, Isle of Man.

Note 1: A copy of the report of the appointed person is appended hereto.

Note 2: To the extent that the decision does not follow the recommendations of the appointed person the reason for the decision is also appended hereto.