Planning Refusal Notice
Town and Country Planning Act 1999
Town and Country (Development Procedure) Order 2005
Mr J Smith The Cottage St Nicholas Fields Breeze Hill Laxey Isle Of Man
In pursuance of powers granted under the above Act and Order the Department of Local Government and the Environment does hereby REFUSE the following application made on behalf of:
Name: Mr J Smith Proposal: Approval in principle for the erection of two detached dwellings at:
- Land Between Baroda House And Clay Head Farm
- Clay Head Road
- Baldrine
- Isle Of Man
which was considered on 31 October 2006, for the reasons set out below.
Date of Issue: 7 November, 2006 Murray House Mount Havelock Douglas Secretary Planning Committee
Reasons For Refusal:
- Under the Laxey and Lonan Area Plan Order 2005 the application site is located within wider areas of land that is designated as a) open space; b) high landscape value and scenic significance; and c) ecological interest.
In respect of a) the application site is neither zoned for residential development nor does the proposed development represent the erection of replacement dwellings nor is there appropriate agricultural need for the proposed dwellings. As such the principle of the residential development of the application site is contrary to policy L/RES/PR/1 of the Laxey and Lonan Area Plan Order 2005 and the provisions of Planning Circular 1/88, which seek to protect the countryside from unwarranted residential development.
In respect of b) the development of the application site is contrary to provisions of policy L/OSNC/PR/1 of the Laxey and Lonan Area Plan Order 2005, which sets out a
presumption against development and seeks to protect existing areas of open space within the plan area from unwarranted encroachment.
In respect of c) the development of the application site is contrary to the provisions of policy L/OSNC/PR/3 of the Laxey and Lonan Area Plan Order 2005, which seeks to preserve sites of ecological interest and protect them from detrimental development.
This decision was made by the Director of Planning and Building control in accordance with the authority delegated to him under Article 3(13) of the Town and Country (Development Procedure) Order 2005
The decision contained in this notice does not become final until either;
- The time for requesting an appeal has expired; or
- Any appeal has been determined;
Whichever is the later.
Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
A form and guidance notes are available from either the Planning Office, Tel 685950, or to down load from the Department’s website www.gov.im/dlge/planning/plan
You should note that a copy of the Officer’s report which led to the decision being made, along with any correspondence relative to the application, is available for inspection at the Department.
