DEC Decision Notice

Cornerstone Architects 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 Alan Skillicorn, Ref 21/00498/B, for the Alterations and erection of a rear extension and erection of a detached 2 storey garage with upper floor living accommodation at Capella Main Road Santon Isle Of Man IM4 1JB for the following reason(s):

• 1. The proposed garage with ancillary accommodation over would, by virtue of its proximity and height, result in unacceptable levels of actual and perceived overlooking from the proposal site into 'Mussoorie', to the detriment of the residential amenity. In this respect, the proposed building is considered unacceptable when assessed against General Policy 2 (g).
• 2. The siting, layout, scale, form, and arrangement of the new building on the site, would have a deleterious impact both on the application site and the wider street scene, by resulting in a particularly intrusive feature within the site when viewed from the surrounding area. This aspect of the proposal would be at odds with General Policy 2 (b&c).
• 3. Although the design is traditional (to ensure it ties in with the existing building), the two storey element and orientation with gable facing Main Road would be out of keeping with the dominant character of the area which is dominated by side-on single storey dwellings with accommodation in the roof. Also, the layout of the site together with the lack of suitable amenity space for occupiers indicate that the proposal is an inappropriate backland development and would result in over-development of the site. As such it is considered contrary to policy GP2 (b, c & h) and Environment Policy 42.
• 4. The size of the new building, the fact that the new building has an independent access, the broad layout of the building, and the separating distance between the new building and the main dwelling, would make it difficult to ensure that the new building remains ancillary to 'Capella'; facilitating future severance from this dwelling, which would be at variance with the character of the area and contrary to General Policy 2 (k) of the Strategic Plan and Landscape Proposal 7 of the Area Plan for the East.

Date of Issue: 14th July 2021

Director of Planning and Building Control

Guidance Note

This decision was made by a Principle Planner 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 £295); 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 £110).

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.