Appeal Dismissal Notice 04/02573/B

Department of Local Government and the Environment

Rheynn Reiltys Ynnydagh as y Chymmyltaght

Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. email: [email protected] Tel: (01624) 685859 Fax: (01624) 685943 Chief Executive: R. A. Hamilton, Assoc. I.PD, MCMI

Please reply to the Chief Executive Our ref: RAH/AJC 25th October 2005 Dear Sir/Madam,

ON APPEAL: PA 04/02573 – Mrs D Forster – Demolition of existing buildings on the site and construction of six new dwellings each with integral double garage at Cliffside and End Café, The Promenade, Laxey.

I refer to the recent appeal hearing in respect of the above planning application.

In accordance with the provisions of paragraph 7(5) of Schedule 1 to the Isle of Man Planning Scheme (Development Plan) Order 1982, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.

I am directed to advise you that the Minister, having considered the report, has agreed to accept the recommendation of the appointed person. Accordingly, he has directed that the appeal be dismissed and that the decision of the Planning Committee to refuse the application be confirmed, but with an additional reason for refusal, in accordance with paragraph 24 of the report. Formal notice of this decision is attached hereto.

Yours faithfully, Chief Executive. Please see over for circulation list/...

Circulation List -

1. Corlett & Kinrade, 1 Dale Street, Ramsey, IM8 1BJ,
2. Laxey Village Commissioners, 35 New Road, Laxey, IM4 7BG,
3. Peter Kinnish, Nyn Ayrn, Old Laxey Hill, Laxey, IM4 7BZ,
4. Isle of Man Fire and Rescue Service, Fire Service Headquarters, Elm Tree House, Elm Tree Road, Onchan, IM3 4EF,
5. S.P.M.C. & E., 31 First Avenue, Douglas, Isle of Man, IM2 6AZ,
6. Department of Transport, Drainage Division, Meary Veg, Balnahowe, Santon, IM4 1HL,
7. Disability Access Office, Masham Court, Victoria Avenue, Douglas, Isle of Man,
8. Mr M E Leece, Bay View, Ramsey Road, Laxey, IM4 7PX,
9. Mr F S Duggan, 3 Ballacannell, Lonan, IM4 7HQ,
10. Patricia S Newton, 2 Glen View, South Cape, Laxey, IM4 7HY,
11. Department of Transport, Highways Division, Sea Terminal Building, Douglas, IM1 2RF,
12. The Editor, IOM Newspapers, Publishing House, Peel Road, Douglas,
13. Manx Radio Newsroom, Douglas Head,
14. Ms J Green, Apt 5, Greenhill, Stanley Mount West, Ramsey, IM8 1LR,
15. Radio 3FM, 45 Victoria Street, Douglas, IM1 3RS,
16. Energy FM, 100 Market Street, Douglas, IM1 1PH,
17. Secretary, Planning Appeals,
18. Secretary, Planning Committee,
19. Mr T O'Hanlon, Treasury,
20. Chairman and Members, Planning Committee.

Town And Country Planning Acts 1934-1981

Isle Of Man Planning Scheme (Development Plan) Order 1982

TO: Glenn Kinrade Corlett & Kinrade (Agent for Mrs D Forster) 1 Dale Street Ramsey, IM8 1BJ

[Copies as per Circulation List]

In pursuance of his powers under the above Acts and Order the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby REFUSE the application by Mrs D Forster – Demolition of existing buildings on the site and construction of six new dwellings each with integral double garage at Cliffside and End Café, The Promenade, Laxey.

Dated this 25th day of October 2005.

By Order of the Minister

Murray House, Mount Havelock, Douglas, Isle of Man.

Chief Executive

Note 1: A copy of the report of the appointed person is appended hereto.

Note 2: To the extent that the decision does not follow the recommendations of the appointed person the reason for the decision is also appended hereto.

REF: RAH/AJC ON APPEAL: PA/04/2573/B

1. The proposed development would represent over-development of the site, producing a building which in massing, site coverage and height is considerably larger than that which occupies the site at present. Furthermore, the design of the building starkly contrasts to the prevailing architecture and general appearance of buildings fronting and in the vicinity of the Promenade, resulting in a development which would be visually out of keeping with its environment and the special character of the Conservation Area. Whilst the Planning Committee would not seek to preserve the existing building which is not attractive and is in poor condition, its replacement with the new building as proposed would not enhance the appearance of the Conservation Area as is required by the 1991 Town and Country Planning Act and as such would be contrary to policy CA/2 of Planning Policy Statement 1/01.

1. The proposed vehicular access, turning and manoeuvring areas available within the site would be insufficient to ensure that the number of vehicles likely to be attracted to the appeal site would avoid significant traffic congestion and dangers to pedestrians using this part of the Promenade.