Planning Refusal Notice

Town and Country Planning Acts, 1934 - 1991

Isle of Man Planning Scheme (Development Plan) Order 1982

BRW Architectural Bridge Court 10 Bridge Street Castletown IM9 1AX

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: C E Thompson Proposal: Erection of dog kennels, creation of a pedestrian path and hard standing for car parking and alteration to existing agricultural access to form vehicular access at: Adjacent Field To Melrose Cottage St Judes Road Andreas Isle Of Man IM7 3HF

which was considered on 2 December 2005, for the reasons set out below.

Date of Issue: 8th December, 2005 Murray House Mount Havelock Douglas

Secretary Planning Committee

Reasons For Refusal:

1. The proposed building and hardstanding for car parking would be contrary to the 1982 Development Plan Order and EP27 of the emerging Isle of Man Strategic Plan by reason of their siting and design and orientation which would impact on the occupiers of Jemmy Dans from increased and general disturbance generated from the accommodation of dogs on site and the increase number of traffic movements to the application site.

1. The proposed kennels would be contrary to the 1982 Development Plan Order and Policies EP8, EP13, EP16 and EP27 of the emerging Isle of Man Strategic Plan in that:

i) the proposed development is in close proximity to a watercourse and insufficient information has been submitted to demonstrate that the works will not cause any long term deterioration in water quality or provided any details on pollution and alleviation measures to protect the environment of the watercourse; and

ii) the application site is prone to flooding and insufficient information has been submitted in the form of a flood risk assessment along with any details of proposed mitigation measure to prevent the nearby watercourse from being polluted by animal waste/effluent.

1. The proposed development would be contrary to the 1982 Development Plan Order and EP18 of the emerging Isle of Man Strategic Plan by reason of its height, design, massing, layout and siting would introduce a prominent and incongruous feature into the street scene and landscape, disrupting the rhythm of development and would cause demonstrable harm to the visual amenities of the locality.

1. The visibility from the proposed access driveway onto the A17 is inadequate to serve the needs of the development and therefore would be prejudicial to highway safety.

1. 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.