DEC Decision Notice

Mr Charles Mann 20 Richmond Grove Douglas Isle Of Man IM1 3JZ

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 Paul Joughin, Ref 23/00191/B, for the Conversion of a car repair garage into a single dwelling with on-site parking at 24 Richmond Grove Douglas Isle Of Man IM1 3JZ for the following reason(s):

• 1. The new dwelling would have an unacceptable standard of amenity by virtue of the poor outlook from the only primary windows on the west elevation facing the rear lane and serving all the primary rooms on the ground floor, and the lack of an acceptable outdoor amenity space. In fact, the scheme as proposed would result in a very dark and oppressive living accommodation on the ground floor with no pleasant or clear outlook for future occupants when using the primary rooms. Accordingly, the proposal would be contrary to General Policy 2 (h) which requires new development to provide satisfactory amenity standards in itself, and the Strategic Objectives of the Strategic Plan which promotes high standards of residential amenity in new developments.
• 2. By virtue of the design and layout of the proposed development being set out such that majority of the primary spaces created would have no direct access to natural lighting and heating, the proposal is considered to be in conflict with the requirements of General Policy 2 (n) which requires that new development should have due regard to best practice in reducing energy consumption, as well as the Strategic Objectives of the Strategic Plan which seeks to "reduce energy consumption by encouraging more efficient use of energy through conservation…".
• 3. The erection of the new first floor terrace which has views over large sections of the site area of the Ellen Vannin Old People's home situated directly east of the application site, at a distance less than 10m is considered unneighbourly and would adversely affect the privacy and enjoyment of this neighbouring property, contrary to General Policy 2 (g) of the Strategic Plan.

Date of Issue: 17th May 2023

Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

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.