08/01571/B Refusal Notice

Town and Country Planning Act 1999

Town and Country (Development Procedure) Order 2005

Savage & Chadwick Merchants House 24 North Quay Douglas

In pursuance of powers granted under the above Act and Order the PLANNING COMMITTEE of the Department of Local Government and the Environment does hereby REFUSE the following application made on behalf of:

Name: McArd Homes Proposal: Residential development comprising 5 townhouses, one maisonette and one apartment with associated parking and access at: Former Warehouse And Garages Falcon Cliff Terrace Lane Douglas Isle Of Man IM2 4AX

which was considered on 18th December 2008, for the reasons set out below.

Date of Issue: 22nd December 2008 Murray House Mount Havelock Douglas

Deputy Secretary to the Planning Committee

Reason(S) For Refusal:

1. The proposed development would be contrary to General Policy 2 and Housing Policy 6 of the Isle of Man Strategic Plan 2007 by reason of its siting and design in that the development would be in close proximity to the rear windows of the properties of Newton Heath, Trevor, The Asters and The Shellys on Upper Dukes Road which would cause demonstrable harm to the amenities of those neighbouring properties from overshadowing, loss of light, overlooking and loss of privacy.

1. The proposed development would be contrary to General Policy 2 and Housing Policy 6 of the Isle of Man Strategic Plan 2007 in that its siting, design and layout would result in

i) an unsatisfactory living environment for the future occupiers of the dwellings due to the inadequate provision of private amenity space; and

ii) an unsatisfactory living environment for the future occupiers of the dwellings to the north west end of the site due to their close proximity to the properties of Upper Dukes Road which would overlook the new dwellings.

1. The proposed development would be contrary to General Policy 2 and Housing Policy 6 of the Isle of Man Strategic Plan 2007 in that its design, height and external appearance would result in the introduction of development out of scale, proportion and character with the locality and detrimental to the visual amenities of the locality.

This decision was made by the Planning Committee constituted in accordance with Article 3(1) of the Town and Country Planning (Development Procedure) Order 2005.

Guidance Note

The decision contained in this notice does not become final until either;

• 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/dlge/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.