June 2004 Refusal Notice
Application Ref. No: 04/00524/A Ref: DR/PC
Town and Country Planning Acts, 1934 - 1991
Isle of Man Planning Scheme (Development Plan) Order 1982
Barry Hughes Vaghee Roostey East Foxdale IM4 3JW
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:
J C K Limited
Proposal:
Approval in principle for the reclamation of site including filling and levelling with inert materials to form a plot, and erection of a dwelling
at:
- Louisa Mine, East Site
- East Foxdale Road
- Foxdale
- Douglas
which was considered on 27 May 2004, for the reasons set out in the attached schedule.
Date of Issue: 2 June, 2004
Murray House Mount Havelock Douglas Isle of Man
Secretary Planning Committee
Note 1: The decision contained in this notice does not become final until:
- the time for requesting a review of the initial decision has expired; or
- any review of the initial decision has been completed; or
- the time for requesting an appeal in relation to any decision at review has expired; or
- any appeal has been completed.
Note 2: Rights of review against the decision are attached.
Reasons For Refusal
Application Ref No: 04/00524/A
- The site forms part of a larger area which is known to have extreme levels of heavy metal contamination. The Foxdale Local Plan 1999 designates the area as being in need of reclamation and states that the area would be suitable for use as 'open space' only.
The application which proposes levelling and filling of the site with inert materials, treatment of the water course and the erection of a dwelling would be contrary to the policies set out in the Foxdale Local Plan 1999 by virtue of a. the guidelines set out in Policy F/P/E/2 referring to areas where there is a known risk of heavy metal pollution, have not been complied with, b. the erection of a dwelling would be contrary to the prescribed use as 'open space' set out in the Local Plan
Notwithstanding the above, the Planning Committee judges that the reclamation of only part of the area, which is known to be heavily contaminated, would be a piecemeal approach which could harm a future overall strategy to reclaim all of the Louisa Mine Site.
- It is in any case unlikely that appropriate sightlines could be provided to allow safe access onto the highway.
NOTE Insofar as this application relates to engineering operations to reclaim the site, it should be a full application not an application in principle; it is not possible to assess properly or grant approval for engineering operations without full details thereof.
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.
