Refusal Notice 09/01514/A
Town and Country Planning Act 1999
Town and Country (Development Procedure) Order 2005
Mike Atkinson Sea View Oak Hill Port Soderick
In pursuance of powers granted under the above Act and Order the Department of Local Government and the Environment does hereby REFUSE the following application made on behalf of:
Name: Mike Atkinson Proposal: Approval in principle for the erection of a dwelling at: Field 522891 Oak Hill Port Soderick Isle of Man
which was considered on 28th October 2009, for the reasons set out below.
Date of Issue: 3rd November 2009
Murray House Mount Havelock Douglas
Mrs P Faragher Deputy Secretary to the Planning Committee
Reason(S) For Refusal:
- The proposed development represents unwarranted development that is contrary to the land use designation of the application site as open space (agricultural) under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 – Plan No. 3 and the presumption against the development of such areas set out within Planning Circular 6/91 and the Isle of Man Strategic Plan 2007. Specifically, the proposal is contrary to policies 5.4, 5.8 and 13.4 of Planning Circular 6/91 and General Policy 3, Environment Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2007.
- The submitted planning application fails to demonstrate that the application site can be accessed in a safe manner that does not cause compromise highway safety.
- The submitted planning application fails to demonstrate that surface water run-off and foul sewage can be dealt with in an appropriate manner within the application site.
- Notwithstanding the issue of principle, the size of the application site is substantially in excess of what would be accepted as a normal residential curtilage and therefore represents an unacceptable level of unwarranted development.
09/01514/A
This decision was made by the Senior Planning Officer in accordance with the authority delegated to her under Article 3(13) of the Town and Country (Development Procedure) Order 2005.
Guidance Note
The decision contained in this notice does not become final until either:
- The time for requesting an appeal has expired; or
- Any appeal has been determined;
Whichever is the later.
Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/dlge/planning/plan/applications/decision.xml
A copy of the Officer's report, which led to this decision, is attached for reference. This report, together with correspondence relative to the application, is available for inspection by anyone wishing to view it at the Department.
09/01514/A
