Review Refusal Decision Notice

Town and Country Planning Acts, 1934 - 1991

Isle of Man Planning Scheme (Development Plan) Order 1982

Construction Design Ltd 14 Tynwald Street Douglas

In pursuance of powers granted under the above Acts and Order the Department of Local Government and the Environment does hereby REFUSE the following application made on behalf of:

Name: Mr & Mrs Banning Proposal: Retrospective application for alterations to PA01/1242, relocation of driveway and extension to residential curtilege at: Lower Ballaclucas Top Road Crosby Douglas

which was considered on 22 October 2004, for the reasons set out below.

Reasons For Refusal:

1. The extension of the residential curtilage into open countryside is unwarranted and contrary to the interests of preserving and presenting natural countryside in areas which are generally not designated for development and should remain free from built structures, domestic paraphernalia and a manicured appearance. The domestic curtilage permitted when this property was initially approved (PA00/1898) with the paddock provided ample space for enjoyment of the property and there is no justification for any extension to this, particularly on the basis of the scale proposed here.

1. The creation of a driveway across the length of the site would introduce a domestic feature into what should be open and natural countryside and also brings with it new gate pillars and an entrance off the lane at its junction with the public footpath. This undermines the open and natural appearance of the countryside and is not justified.

Note: It was made clear in the previous applications that legal access to the footpath should be clarified prior to the commencement of the creation of such onto Trollaby Lane. It was assured at the time that such an access was available despite suggestions to the contrary. If access is not available in this manner,

Town and Country Planning Acts, 1934 - 1991

Isle of Man Planning Scheme (Development Plan) Order 1982

Construction Design Ltd 14 Tynwald Street Douglas

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 & Mrs Banning

Proposal: Retrospective application for alterations to PA01/1242, relocation of driveway and extension to residential curtilege

at: Lower Ballaclucas Top Road Crosby Douglas

which was considered on 27 August 2004, for the reasons set out in the attached schedule.

Date of Issue: 9th September, 2004

Murray House Mount Havelock Douglas Isle of Man

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.

Town and Country Planning Acts, 1934 - 1991

Isle of Man Planning Scheme (Development Plan) Order 1982

Construction Design Ltd 14 Tynwald Street Douglas

In pursuance of powers granted under the above Acts and Order the Department of Local Government and the Environment does hereby REFUSE the following application made on behalf of:

Name: Mr & Mrs Banning Proposal: Retrospective application for alterations to PA01/1242, relocation of driveway and extension to residential curtilege at: Lower Ballaclucas Top Road Crosby Douglas

which was considered on 22 October 2004, for the reasons set out below.

Reasons For Refusal:

1. The extension of the residential curtilage into open countryside is unwarranted and contrary to the interests of preserving and presenting natural countryside in areas which are generally not designated for development and should remain free from built structures, domestic paraphernalia and a manicured appearance. The domestic curtilage permitted when this property was initially approved (PA00/1898) with the paddock provided ample space for enjoyment of the property and there is no justification for any extension to this, particularly on the basis of the scale proposed here.

1. The creation of a driveway across the length of the site would introduce a domestic feature into what should be open and natural countryside and also brings with it new gate pillars and an entrance off the lane at its junction with the public footpath. This undermines the open and natural appearance of the countryside and is not justified.

Note: It was made clear in the previous applications that legal access to the footpath should be clarified prior to the commencement of the creation of such onto Trollaby Lane. It was assured at the time that such an access was available despite suggestions to the contrary. If access is not available in this manner,

access should be provided in accordance with the existing access used by the house to be replaced.

NOTE The Planning Committee acknowledged that the site plan submitted at Review (number 408-02 Rev B) indicated a reduction in size of the residential curtilage more in line with that originally approved. Noting that the decision on this application had already been split at the initial stage, the Committee considered it inappropriate to introduce a further split decision.

NOTE The works proposed by this application are retrospective. The works must therefore be removed in accordance with the letter, which accompanies this decision notice.

NOTE This review has been considered by the Planning Committee on written evidence. Any additional submissions not previously circulated to interested parties are enclosed herewith.

Note 1: The decision contained in this notice does not become final until:-

• 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 appeal against the decision of the planning committee are attached. Note 3: An appeal may be requested within a period of 21 days. Date of Issue: 29 October, 2004

Murray House Mount Havelock Douglas

Act Dep. Secretary Planning Committee