Prior Refusal Notice 20 April 2004

Isle of Man Planning Scheme (Development Plan) Order 1982

Mr P R Parker 46 Ballaquane Park Peel IM5 1PX 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

Proposal: Approval in principle for a residential development on land forming at: part of The Brickworks Glenfaba Road Peel which was considered on 16 April 2004, for the reasons set out in the attached schedule. Date of Issue: 204 April, 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: 04/00420/A

1. The development of the site for residential purposes is considered inappropriate because the site is not zoned for residential development on the Peel Local Plan 1989 but rather forms part of a larger area zoned as 'Predominantly Industrial.' Not only is it judged that all opportunities for future industrial development should be retained in Peel but Policy 6.8 of the Local Plan which relates to 'Industry' states "Residential development in the vicinity will be discouraged." Given that:

a. the site is close to the existing traffic route which connects the existing industrial estate to the Glenfaba Road, b. domestic vehicles would need use this same access, and c. the amenities and outlook for future occupiers would be poor, it is judged that the proposed residential use of the site would be incompatible with the industrial land to the north and west of the site.

1. Notwithstanding the above the application does not demonstrate that adequate sight lines for emerging vehicles could be provided onto Glenfaba Road, due to the limitations of the site frontage onto the highway. This would be contrary to the interests of road safety.
2. Notwithstanding the above, it is judged that there is a risk of ground instability on the site which may, if developed, increase the risk of land slippage which may have a detrimental impact upon the industrial land surrounding the site to the north and west.
3. 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.