DEC Decision Notice

Atelier Krueger Architecture ltdAtelier Krueger Architecture Ltd 19 Kensington Road Douglas IM1 3EP

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act, and subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Mr Brian & Mrs Fiona Brumby, Ref 22/01548/B, for the Construction of a dormer bungalow with integrated garage at Plot North Of Riverside & Part Field 134972 Garey Road Garey Ramsey Isle Of Man IM7 2EQ for the following reason(s):

• 1. The principle of development for the erection of a dwelling and garage is not accepted because the site lies within a rural and protected part of the countryside where any development is strictly controlled with the site not being allocated specifically for any development. The personal circumstances put forward by the applicant are not considered to be of such significance to warrant a departure from DEFA Planning's policies for the area. The proposal would be contrary to the provisions of General Policy 3a); Housing Policy 4a); and, Environment Policy 1, which seeks to protect the countryside for its own sake and from "Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
• 2. Notwithstanding the above reason of refusal, the existing vehicular access serving the site is shown as being upgraded on Proposed Site Plan Drawing No. 2207/PL1000 Rev. A to serve the development. However, the applicant has failed to demonstrate that vehicle vehicle visibility splays can be provided either side of the vehicular access serving the site in accordance with the requirements of the Manual for Manx Roads. Given the lack of such details to demonstrate that safe access and egress can be achieved from the proposed access location, the proposal fails to meet the requirements of Transport Policy 4 in the Adopted Isle of Man Strategic Plan (2016).
• 3. In addition, the loss of hedging and foliage along the site frontage to provide the visibility splays, which would need to be 2.4m x 70.0m for the extent of the sites' frontages to meet the Manual for Manx Roads requirements, would result an unacceptable loss of roadside vegetation and would as a consequence result in the proposal appearing as an overdevelopment of the site with the dwelling appearing as a dominant and visually harmful feature that would be out of character and keeping with the sites rural appearance and surroundings. Furthermore, this would be harmful to the amenities of occupants of the above neighbouring dwellings at 1 Ballakillingan Cottages; Old Garey Station; and, Riverside, by appearing overbearing resulting in an unacceptable loss of outlook and visual

amenity from them in respect of their relationship with the development. This would be contrary to the provisions of contrary to the provisions of General Policy 2 b) c) g) and i); and, Environment Policy 22 in the Adopted Isle of Man Strategic Plan (2016).

Date of Issue: 17th July 2023

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

•  the grounds for making the appeal;
•  payment of the planning appeal fee (currently £335); and if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £125).

Where the appeal is submitted by the applicant they must:

•  specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
•  Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance.

If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.