DEC Decision Notice

Construction Design Ltd 17 Peel Road Douglas Isle Of Man IM1 4LP

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 Mr Humphrey & Mrs Rosemary Laughton, Ref 18/01057/B, for the Demolition of part of wall and creation of a vehicular access and driveway (in association with 18/01058/CON) at 10 Sartfell Road Douglas Isle Of Man IM2 3LZ for the following reason(s):

• 1. Strategic Policy 4 and Environmental Policy 35 of the Strategic Plan and Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man set out the tests for development in Conservation Areas in that it must 'preserve or enhance' the Conservation Area. The removal of part of the front boundary wall and the creation of a 3.6m wide vehicular access onto the street would adversely affect the character of the street scene in this part of the Selborne Conservation area and therefore fail to meet these tests, adversely affecting the character and appearance of the area contrary to the requirements of General Policy 2.
• 2. The application has failed to demonstrate adequate highway visibility splays of 2.4m x 43m in each direction for the proposed vehicular access contrary to guidance on visibility standards contained in 'Manual for Manx Roads'.

Date of Issue: 26th March 2019

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 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 £175);
•  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.