DEC Decision Notice

Terence Devlin Partnership 20 Blashaw Lane Penwortham Preston PR1 0JN

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 Infrastructure determined to REFUSE a planning application by Douglas Bolton, Ref 14/01178/A, for the approval in principle for erection of a dwelling addressing siting and means of access at Field 234504 Land Between Belgaun And Whiteleas Main Road Kirk Michael Isle Of Man for the following reason(s):

1. The proposal would result in the loss of an open green space which contributes to the character of the street scene which would be contrary to Environment Policy 42 of the Isle of Man Strategic Plan.

1. The visibility splays requested by Highway Services cannot be provided over land within the ownership of the applicant and therefore sufficient visibility for drivers of vehicles emerging from the site cannot be achieved contrary to General Policy 2 part h) and i) of The Isle of Man Strategic Plan and the development would be detrimental to highway safety.

1. It has not been adequately demonstrated that the proposed development would not result in the unacceptable loss of or damage to the area of trees: as such the proposal would be contrary to Environment Policy 3 of The Isle of Man Strategic Plan.

Date of Issue: 14th November 2014

M Gallagher Director of Planning and Building Control

Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them in the name of the Minister and/or in the name and on behalf of the Department.

A copy of the Officer’s report which led to the decision is enclosed.

Any appeal against this decision must be in accordance with Article 8 of the Order.

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 an order made by the Department under Section 1(1) of the Fees and Duties Act 1989 (currently £150);
• 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 http://www.gov.im/categories/planning-and-building-control/planning-development-control/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.

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.