Decision Notice

Mark Pearce 12 Strathallan Crescent Douglas IM2 4NR

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 Jon Joughin, Ref 23/01345/A, for the Approval in principle for the construction of new housing at 60 Victoria Road Douglas Isle Of Man IM2 4HQ for the following reason(s):

• 1. The size, shape and layout of the site together with the lack of suitable amenity space for occupiers indicate that the proposal is inappropriate back land development and overdevelopment of the site which would be harmful to the character of the townscape. As such it is considered contrary to General Policy 2c and Environment Policy 42 of the Isle of Man Strategic Plan 2016.
• 2. The proposal is also contrary to General Policy 2 b in that it does not respect the site and its surroundings in terms of layout, form, design and the landscaping of the buildings and the spaces around them. Furthermore, it would result in the loss of important green open space to a cramped form of development, at odds with visual amenity in the area.
• 3. The application fails to demonstrate how the principle of a safe vehicular access can be designed to serve the proposed residential use of the site by four dwellinghouses. The development would lead to an intensification in the use of a substandard access with visibility restricted at the junction with the public highway such that the safety of road users would be harmed should the development proceed. The proposal therefore fails to comply with General Policy 2 (h) (i) and Transport Policy 4, 7 of the Strategic Plan and would result in an unacceptable harmful impact upon highway safety.

Date of Issue: 11th December 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

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 (https://pbc.gov.im/online-applications/)

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 £355); 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 £130).

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.