DEC Decision Notice

Penketh - Millar 23 West Quay Ramsey Isle Of Man IM8 1DL

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 Mr & Mrs David Pearce, Ref 23/00490/B, for the Alterations, replacement rear extensions and front Porch and raising of the existing roof to provide additional/improved living accommodation to dwelling at The Auburns 19 Lezayre Road Ramsey Isle Of Man IM8 2LP for the following reason(s):

• 1. The proposed development, by reason of the removal of the parapet overhang, increase in height of the main ridge and flanking chimney breasts, would result in a harmful impact upon the intrinsic architectural and historic significance of the existing dwelling, to the detriment of its character and the positive contribution it presently makes upon the character and appearance of the immediate streetscene. The proposals are therefore deemed to be in conflict with Strategic Policy 5, General Policy 2 (b) and (c), and Environment Policy 42 of the Strategic Plan (2016).
• 2. In the absence of sufficient arboricultural information having been submitted demonstrating that the proposals would not result in a detrimental impact upon the health and vitality of a Category A Registered tree, the proposals are deemed further contrary to General Policy 2 (c) and Strategic Policy 4 of the Strategic Plan (2016).

Date of Issue: 6th March 2024

J CHANCE 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 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.