Refusal Decision Notice
Town and Country Planning Act 1999
Town and Country (Development Procedure) Order 2005
Penketh - Millar 23 West Quay Ramsey Isle Of Man IM8 1DL In pursuance of powers granted under the above Act and Order the Department of Infrastructure does hereby REFUSE the following application made on behalf of:
Name: Mr \& Mrs Brian Quirk Proposal: Erection of two additional detached holiday let chalets at: $\quad$ Laxey Harbour Chalets The Cairns Breeze Hill Laxey Isle Of Man IM4 7DL which was considered on 14th October 2010, for the reasons set out below. Date of Issue: 18th October 2010 Murray House Mount Havelock Douglas
Reason(S) For Refusal:
- The submitted planning application is deemed to be unacceptable by reason that it:
a) fails to provide sufficient detail to allow a full and proper assessment of the proposed works to the bank to the rear of the application site; and b) fails to provide a flood risk assessment in accordance with the provisions of Environment Policy 10 of the Isle of Man Strategic Plan 2007. As the application site, and the site of the proposed built development, is reasonably concluded to have potential flood risk due to its location and existing flood risk information the proposal is contrary to the provisions of Environment Policy 13 of the Isle of Man Strategic Plan 2007.
- Notwithstanding the first reason for refusal the proposed development is concluded to be unacceptable by reason that it:
a) proposes built development on the eastern extent of the Lower Cairn site contrary to the provisions of Policy L/TRT/PR/8 of the Laxey and Lonan Area Plan Order 2005 that seeks to protect the site from development that is detrimental to the amenity of the area, particularly given the prominent position the site occupies; and
b) proposes built development that affects the open character of the eastern part of the application site and thereby fails to preserve or enhance the character of the Conservation Area, contrary to the provisions of Policy L/CRB/PR/4 of the Laxey and Lonan Area Plan 2005 and Environment Policy 35 of the Isle of Man Strategic Plan 2007.
This decision was made by the Senior Planning Officer in accordance with the authority delegated to her under Article 3(13) of the Town and Country (Development Procedure) Order 2005.
Guidance Note
The decision contained in this notice does not become final until either;
- $\quad$ The time for requesting an appeal has expired; or
- Any appeal has been determined;
Whichever is the later. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml
A copy of the Officer's report, which led to this decision, is attached for reference. This report, together with correspondence relative to the application, is available for inspection by anyone wishing to view it at the Department.
