Minister Appeal Refusal Notice

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 29th September 2005 Dear Sir/Madam,

ON APPEAL: PA04/1089/A – Mrs N Clague – Approval in principle for a residential development of 6 building plots and access road on fields 614589, 612008 & 612011, Ballacollister Road, 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.

The Minister has considered the report, concurs generally with the appointed person’s conclusions, and accepts the recommendation that the appeal should be dismissed. In so doing, he has indicated that, having regard to the planning history of the area, and to the land-use zoning of the site, his concerns are confined to

(a) the “middle two” sections of the Ballacollister Road (where widening is possible, but is not specifically proposed as part of this application); and (b) the insufficiency of the submitted information in terms of demonstrating satisfactory surface-water disposal.

Accordingly, the Minister has directed that the Planning Committee’s decision to refuse permission should be confirmed, but that the reason therefor should be amended to make reference also to surface-water drainage. Formal notice of this decision is attached to this letter.

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

Town And Country Planning Acts 1934-1981

Isle Of Man Planning Scheme (Development Plan) Order 1982

TO: Karen Horncastle, Agent for Mrs N Clague Ashley Pettit Architects 4 Osborne Terrace Douglas IM1 3LH

[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 N Clague – Approval in principle for a residential development of 6 building plots and access road on fields 614589, 612008 & 612011, Ballacollister Road, Laxey.

Dated this 29th day of September 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: PA04/1089/A

Approval for the proposed development would be premature until

(a) there are firm proposals for widening the Ballacollister Road along the site frontage and down as far as the junction with Ballacollister Heights and the Croit-E-Quill Road; and (b) there is sufficient information to demonstrate satisfactory disposal of surface-water run-off from the development.

Note: This decision is without prejudice to a further application which includes such proposals and such information.

Circulation List -

1. Karen Horncastle, Agent for Mrs N Clague, Ashley Pettit Architects, 4 Osborne Terrace, Douglas, IM1 3LH,
2. Mr R Williamson, Technical Director, Communications Division, Department of Home Affairs, Homefield, Woodbourne Road, Douglas,
3. Dr K G Wilson & Mr S Greaves, Thie yn Dreeym, Ballacollister Road, Laxey, IM4 7JT,
4. Mr & Mrs Bell, Ballacollister Farm, Laxey, Isle of Man, IM4 7JS,
5. Ms M Turner, Ballacollister House, Ballacollister Heights, Laxey, IM4 7JW,
6. Department of Transport, Drainage Division, Meary Veg, Balnahowe, Santon, IM4 1HL,
7. Patricia S Newton, Town and Planning Consultant, 2 Glen View, South Cape, Laxey, IM4 7HY,
8. D B & G M Churcher, Ballacollister Grange, Ballacollister Road, Laxey, IM4 7JR,
9. R G Jones, Olinda, South Cape, Laxey, Isle of Man, IM4 7JB,
10. Mr P E Chamberlin, "Tempest Cliff", South Cape, Laxey, Isle of Man, IM4 7JB,
11. Mr W McMurray, High View, Ballacollister Heights, Laxey, Isle of Man, IM4 7JW,
12. Mr & Mrs Shufflebotham, Beechwood, Pinfold Hill, Laxey, Isle of Man, IM4 7JP,
13. J F Carey, The Old School House, South Cape, Laxey, Isle of Man, IM4 7HZ,
14. Mr & Mrs Trevor Skillicorn, Geay Varrey, Ballacollister Road, Laxey, IM4 7JR,
15. Mrs J Murley, 5 Ballacollister Heights, Laxey, Isle of Man, IM4 7JW,
16. Laxey Village Commissioners, 35 New Road, Laxey, Isle of Man, IM4 7BG,
17. Mr & Mrs Freeman, Uplands, Ballacollister Heights, Laxey, Isle of Man, IM4 7JW,
18. Mr & Mrs Partington, The Mount, South Cape, Laxey, Isle of Man, IM4 7HX,
19. Department of Transport, Sea Terminal Building, Douglas, Isle of Man, IM1 2RF,
20. The Editor, IOM Newspapers, Publishing House, Peel Road, Douglas,
21. Manx Radio Newsroom, Douglas Head,
22. Ms J Green, Apt 5, Greenhill, Stanley Mount West, Ramsey, IM8 1LR,
23. Radio 3FM, 45 Victoria Street, Douglas, IM1 3RS,
24. Energy FM, 100 Market Street, Douglas, IM1 1PH,
25. Secretary, Planning Appeals,
26. Secretary, Planning Committee,
27. Mr T O'Hanlon, Treasury,
28. Chairman and Members, Planning Committee.