Appeal Refusal Decision Notice
The Town And Country Planning Act 1999
The Town And Country Planning (Development Procedure) Order 2005
TO: Kay Associates, Southgate House, 89 Circular Road, Douglas, IM1 1AX [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 Mr. and Mrs. A. Clague Erection of replacement dwelling, St. Nicholas Field, Breeze Hill, Laxey, IM4 7DL, for the following reasons:-
- The site is designated as an area of High Landscape Value and Scenic Significance; the proposed development would have an adverse impact on the character and appearance of this landscape, and would be contrary to Environment Policy 2 of the Isle of Man Strategic Plan.
- The proposed development would have an adverse impact on the amenity value of the woodland within the site, and would be contrary to Environment Policy 3 of the Isle of Man Strategic Plan and to Policy L/OSNC/PR/6 of the Laxey and Lonan Area Plan.
- The design and siting of the proposed dwelling are such that the building would appear as a significant intrusion into the countryside and would not comply with the Department's criteria for a replacement dwelling.
- An approval would establish a precedent for further such development, and would thus thwart the operation of the policies of both the Area Plan and the Strategic Plan.
Date of Issue: 9th January 2008. 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.
