Appeal Letter and Notice

Department of Environment, Food and Agriculture

Rheynn Chymmyltaght, Bee as Eirinys

Mr Jon Joughin 60 Victoria Road Douglas IM2 4NR

Telephone (01624) 685958 Email: [email protected] Contact: Scott Gallacher Our Ref: MEC /AP24/0055 Date: 4th July 2025

Dear Sir/Madam,

On Appeal

Appeal Ref: AP 24/0055 PA No: 23/01345/A Address: 60 Victoria Road Douglas Isle Of Man IM2 4HQ Proposal: Approval in principle for the construction of new housing

I refer to the appeal in respect of the above planning application.

I am directed to advise you that the Minister for Environment, Food and Agriculture, in pursuance of section 3(2) of the Government Departments Act 1987, has delegated responsibility for the determination of this appeal to Mr Lawrie Hooper, MHK.

In accordance with the provisions of The Town and Country Planning (Development Procedure) Order 2019, I herewith give notice of the appeal decision.

Mr Hooper, MHK on behalf of the Minister for Environment, Food and Agriculture, has considered the report, concurs with the appointed person’s conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly, he has directed that the Department’s decision to refuse the application should be upheld, and that the application should be Refused. Formal notice of this decision is attached.

Scott Gallacher Chief Officer

cc. Mark Pearce, 12 Strathallan Crescent, Douglas, IM2 4NR

The Town And Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2019

Mr Jon Joughin 60 Victoria Road Douglas IM2 4NR

Appeal Ref: AP24/0055

In pursuance of his powers under the above Act and Order/Regulations, and under delegated powers from the Minister for the Department of the Environment, Food and Agriculture, Mr Lawrie Hooper, MHK does hereby in the name of and on behalf of the Department REFUSE planning application 23/01345/A by Mr Jon Joughin for Approval in principle for the construction of new housing - 60 Victoria Road Douglas Isle Of Man IM2 4HQ for the following reason(s):-

Reason(S) For Refusal:

1. The proposed residential development, in principle, whilst falling into the category of a mixed use as set out in the proposals of the Area Plan for the East, would, at whatever intensity proposed, represent inappropriate backland development, out of character with the immediate townscape of the surroundings, resulting in an unacceptably level of harm contrary to General Policy 2 (b), (c), Environment Policy 42 and Strategic Policy 3 of the Isle of Man Strategic Plan 2016.

1. The proposed development fails to demonstrate how the principle of a safe vehicular access can be designed to serve the proposed residential use at whatever level of intensification which may come forward. The development would lead to an intensification in the use of a substandard access with visibility restricted at the junction with the public highway, such that the safety of road users, along with the impeding of the free flow of traffic along Victoria Road and in the immediate vicinity, would be unacceptably harmed should the development proceed. The proposal, therefore, fails to comply with General Policy 2 (h), (i) and Transport Policies 4, 7 of the Isle of Man Strategic Plan.

Date of issue 4th July 2025 By Order of the Minister

Scott Gallacher Chief Officer

Note 1: A copy of the report of the appointed person is appended hereto.

Note 2: All parties should note that there is no prescribed right of appeal relevant to the Minister’s decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Note 3: The letter which accompanies this notice forms part of the notice in accordance with Article 13 (3) of the Town & Country Planning (Development Procedure) Order 2019.