Refusal Notice February 2001
Town and Country Planning Acts, 1934 - 1991
Isle of Man Planning Scheme (Development Plan) Order 1982
Ove Arup & Partners (IOM) Ltd Cameo House 19 Duke Street Douglas IM1 2BB
In pursuance of powers granted under the above Acts and Order the Department of Local Government and the Environment does hereby REFUSE the application made by you on behalf of:
Mr SL Blackford
Proposal: Approval in principle for reinstatement of former dwelling and outbuildings at: Bwoailliecowle Starvey Road Peel
which was considered on 1 February 2001, for the reasons set out in the attached schedule.
Date of Issue: 6 February, 2001
Murray House Mount Havelock Douglas Isle of Man
Secretary Planning Committee
Note 1: The decision contained in this notice does not become final until:- a) the time for requesting a review of the initial decision has expired; or b) any review of the initial decision has been completed; or c) the time for requesting an appeal in relation to any decision at review has expired; or d) any appeal has been completed.
Note 2: Rights of review against the decision are attached.
REASONS FOR REFUSAL
Application Ref No: 00/01723/A
- The site is not zoned for development on the 1982 Development Plan and falls within an Area of High Landscape Value and Scenic Significance. The rebuilding of the cottage at "Bwoaillieecowle" (which is essentially a ruin), as well as the reinstatement of the associated outbuildings and the creation of a new access and driveway would be contrary to the Department's general policies currently in place to prevent unwarranted development in the countryside. The ruined cottage has no residential status and is not substantially intact or capable of renovation; the development would therefore represent the creation of a new dwelling in the countryside for which there is no demonstrable need.
- Notwithstanding the above, the site has high wildlife and ecological importance and there is evidence of a number of species which are protected under Section 7 of The Wildlife Act 1990. The proposed development as proposed is likely to cause an unacceptable level of damage to this rare habitat and area of ecological importance and the site is judged to be unsuitable for development.
- By reason of its size, design and general massing the proposed dwelling would appear incongruous in the landscape and would be contrary to Planning Circular 3/91 "Guide to the design of Residential Development in the Countryside".
- NOTE This decision was made by the Planning Committee constituted in accordance with Paragraph 2 of Schedule 1 of the Isle of Man Planning Scheme (Development Plan) Order 1982.