DEC Decision Notice

Quay Design Ltd 5 The Quay Port St Mary Isle of Man IM9 5EA

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 Neil Birchall, Ref 23/01120/B, for the Demolition of a detached dwelling and erection of a replacement detached dwelling with integral garage and associated parking at Strathallen Main Road Ballabeg Isle Of Man IM9 4LJ for the following reason(s):

• 1. The general principle for a new dwelling has been accepted, however by reason of the proposed replacement dwelling having a mediocre design, neither following Planning Circular 3/91 nor being of any innovative, modern or high quality design results in an adverse visual impact having an inappropriate and unacceptable impact on the countryside failing the tests of paragraph 8.11.2 and Housing Policy 14 of the Isle of Man Strategic Plan 2016.
• 2. By reason of its mediocre, inappropriate and unacceptable design and having an inappropriate timber boundary treatment and lack of soft landscaping the proposal is considered to negatively impact on and detract from the open views and vistas, harming the rural character of the streetscene and surrounding area and at odds with the site specific rural context contrary to section 3.20 of the Area Plan for the South 2013 and this negative impact has an adverse effect on the visual quality of the countryside and for which there is no over-riding national need demonstrated contrary to Environment Policy 1 of the Isle of Man strategic Plan 2016.
• 3. Although recognised as being outside of the settlement boundaries of Ballabeg and Colby, the proposal fails to include any tree planting or landscape screening which undermines Landscape Proposal 16 of the Area Plan for the South 2013.
• 4. Whilst some highway benefit in creating off road parking has been recognised there's a lack of clarity in the extent of the works within the visibility splay to fully demonstrate safe egress from the access and safety of other road users at this particular site along the main road at odds with General Policy 2 (h and i) and Transport Policy 4 of the Isle of Man Strategic Plan 2016.

Date of Issue: 25th April 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.