DEC Decision Notice

Cornerstone Architects Mr Robert Collister 79 Parliament Street Ramsey Isle Of Man IM8 1AQ

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 Daniel Potts, Ref 23/01077/B, for the Construction of a single detached dwelling with associated car parking and external space at Vacant Plot (formerly Fern Lea) Land South Of Ballakilley Cottage & 1 Ballakilley Close Ballakilley Hill Bride Isle Of Man IM7 4AT for the following reason(s):

• 1. The cumulative impact of the siting, mass (scale and form), and utilitarian and unattractive design of the proposed dwelling is considered to result in an incongruous development with negative impact on the site character, contrary to General Policy (b) and Strategic Policy 5 of the Strategic Plan.
• 2. Due to the overall design, proportion, and block design, the proposal would fail to relate effectively with the locally distinctive patterns and form of development in the immediate vicinity, creating an incongruous feature that does not respect the character of the area or reinforce the dominant architectural styles in the area. The proposal also fails to replicate a modern approach to creating a dwelling on site, given its generally uncharacteristic bland design which is neither modern nor innovative. The proposal is, therefore, considered to be at variance with the character and identity of the locality and townscape, contrary to Environment Policy 42, General Policy 2 (b, c and g), and Paragraph 7.34.1 of the Strategic Plan.
• 3. It has not been demonstrated that the development could be undertaken without creating significant adverse impact on the biodiversity of the site, or that appropriate mitigation could be carried out to manage ecological impact resulting from the development, due to the lack of ecological information. It is therefore, considered that the nature of the proposed development, coupled with the lack of ecological information to address biodiversity concerns would be contrary to the requirements of General Policy 2 (d) and Environment Policy 4 of the Strategic Plan, as well as the Habitat Loss Action 21 of the IoM Government Biodiversity Strategy (2015-2025).

Date of Issue: 20th February 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.