Decision Notice

Architecture In Mann 80 Bucks Road Douglas Isle Of Man IM1 3AF

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to REFUSE an application by Joyjay Ltd, Ref 16/01402/A, for the Approval in principle for the erection of residential accommodation for older people for up to 25 units addressing means of access at B C S House And Builders Yard Peel Road Braddan Douglas Isle Of Man IM4 4LE for the following reason(s):

• 1. The proposed loss of the land at this time from employment-generating purposes, for which it has an extant planning approval, is contrary to the Braddan Local Plan 1991 zoning, contrary to the findings of the Employment Land Review, contrary to the Draft Planning Policy Statement on the Economy and contrary to the Vision2020 document.
• 2. The application is concluded to prejudice the proper strategic planning of the East of the Island contrary to Strategic Policy 1(b) and Spatial Policy 4 of the Isle of Man Strategic Plan 2016.
• 3. As there is not a significant amount of building on the site, and it has not been demonstrated that the site is redundant, and given the site's fairly well-screened nature, the proposal does not comply with any of the conditions allowing redevelopment of previously developed land set out in part (c) of General Policy 3 of the Isle of Man Strategic Plan 2016.
• 4. It has not been demonstrated that new industrial or other employment-generating uses on the neighbouring employment-generating land would not be prejudiced by the occupation of the dwellings here proposed. Accordingly, the application is contrary to part (k) of General Policy 2 of the Isle of Man Strategic Plan 2016.
• 5. It has not been demonstrated that the existing uses undertaken on the neighbouring employment land would result in acceptable amenity levels for the occupiers of the dwellings here proposed. Accordingly, the application is contrary to Environment Policy 22 of the Isle of Man Strategic Plan 2016.
• 6. The application site is poorly related to existing facilities and services. Given that the intended occupiers of the dwellings proposed may have mobility issues, the proposed use cannot be considered to represent a sustainable form of development, contrary to parts (a) and (d) of Strategic Policy 10 of the Isle of Man Strategic Plan 2016.
• 7. The application does not demonstrate what is considered to be an adequate level of parking and nor does it demonstrate that the necessary level of parking can be adequately

• located on the site. Accordingly, the application is contrary to Transport Policy 7 of the Isle of Man Strategic Plan 2016.
• 8. The existing steep slope down into the site would fail to provide satisfactory and convenient access for all users, and is therefore contrary to parts (h) and (i) of General Policy 2 of the Isle of Man Strategic Plan 2016.

Date of Issue: 25th April 2017

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it in the name of the Minister and/or in the name and on behalf of the Department.

This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Whilst a copy of the Officer’s report is included alongside this notice, any wider correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

•  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2016 (currently £170);
•  The reasons for making the appeal; and
•  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.