Refusal Decision Notice
Town and Country Planning Acts, 1934 - 1991
Isle of Man Planning Scheme (Development Plan) Order 1982
Dandara Commercial Ltd Park House Isle Of Man Business Park Cooil Road Braddan
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: Dandara Commercial Ltd Proposal: Approval in principle for the creation of two plots for commercial use, one for a motor sales outlet and the other for a business park office/technology/industrial use, with access to be taken from Cooil Road, at: Fields 521888 And 521895, Between Isle Of Man Business Park And Cooil Road Douglas Isle Of Man
which was considered on 20 May 2005, for the reasons set out below.
Date of Issue: 27th May, 2005
Murray House Mount Havelock Douglas
Reasons For Refusal:
- The proposal involves the creation of an access onto the A24 Cooil Road to serve the proposed development. Such an access would be contrary to the Department of Transport’s policy which precludes the construction of new frontage access onto a Primary Distributor Road, which the A24 will become when construction works are completed in 2010. This is in order that traffic using the A24, and any other Primary Distributor Road can be allowed to flow freely and efficiently with
as few junctions and secondary accesses (and resultant traffic thereto and therefrom) as possible.
No evidence has been provided to suggest why the existing access through the Business Park, in accordance with the original layout, is not satisfactory. This route into the site is visually less intrusive and preferable in road safety terms.
Note: whilst there are existing accesses onto the A24 in the vicinity of this site, these are generally historic or more recent accesses which replace historic access points or which serve development which has no other means of access onto a main road.
- The creation of an access onto the A24 would result in a breach in the roadside hedge which, with the required visibility splays, reduce the effectiveness of the 10m landscaped strip which the Planning Authority has attempted to establish on this side of Cool Road in conjunction with the various developments which have occurred alongside the road, and which contribute to soften the visual impact of the various developments in this area.
- The Planning Committee is not satisfied that the site is suitable for the operation of a car sales outlet in that the development and particularly the required landscaping will be required to provide a limited and heavily screened visual impact of the development as viewed from Cool Road. In the experience of the Planning Committee in respect of vehicle sales outlets in the vicinity, the operation of such a business will wish to benefit from the attraction of the passing public and as such will seek to raise the profile of the business by way of the installation of signage which, along with the proposed breach in the roadside hedge will reduce the effectiveness of any landscaping and will detract from the amenities of the area. Whilst the Planning Authority can control the erection of such signage in the future, it is considered unreasonable to permit a usage in the knowledge that there will be resistance to future proposals for developments which will enable the proposed use to operate satisfactorily.
- The Planning Committee is not satisfied that two separate operations could be accommodated on the site along with the requisite car parking and landscaping which is generally required in conjunction with the parkland setting in developments in this development area.
- 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.
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.
