DEC Decision Notice

Guiding Star Entertainment Holdings Limited Saoirse Station Road Port St. Mary Isle Of Man IM9 5LF

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 Guiding Star Entertainment Holdings Limited, Ref 20/01324/B, for the Erection of a dwelling at Saoirse Station Road Port St. Mary Isle Of Man IM9 5LF for the following reason(s):

1. The proposed dwelling, by virtue of its size, mass and design would necessitate the removal in all of the existing trees on site with insufficient space around the building to introduce any mitigation planting, result in an overbearing and overdeveloped appearance and impact on the surrounding area, detrimentally affecting the character and appearance of the area which includes Registered Buildings of historic and architectural interest which are visited by the public, as well as the amenities of those in adjacent properties, particularly those who may live in the house approved to the south on plot 1 and those in the approved houses and public open space to the west. The previously approved dwelling (15/01008/B) demonstrates that it is possible to erect a dwelling on this site without the adverse impact that the dwelling now proposed would have. The development is therefore contrary to General Policy 2 b, c, f, g, k of the Strategic Plan.

Date of Issue: 14th January 2021

Director of Planning and Building Control

Guidance Note

This decision was made by the 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 £285); 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 £100).

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 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.