Decision Notice

Arch-Tec (IOM) Ltd The Architectural Studio 2nd Floor 20 Duke Street Douglas IM1 2AY

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 Gary Walker, Ref 15/00354/B, for the Demolition of existing dwelling and erection of four dwellings with garaging at Balladoole 46 Bowring Road Ramsey Isle Of Man IM8 3EJ for the following reason(s):

• 1. The proposed replacement of an element of high quality architecture with four examples of utilitarian architecture would, in the important visual context offered by the attractive and well-proportioned buildings found on Coburg Road and Bowring Road, be harmful to the sense of place offered by this area and therefore be contrary to the provisions of Paragraphs 7.25.2 and 7.25.3, Strategic Policy 3, Strategic Policy 5 and Environment Policy 42 of the Strategic Plan.
• 2. In view of the small gardens proposed along with the loss of trees that would have to occur for the proposal to go ahead, as well as the uncomfortable relationship that the four dwellings would have with 42 Bowring Road to the rear, the proposal is judged to represent overdevelopment of the site contrary to parts (b) and (c) of General Policy 2 of the Strategic Plan.
• 3. The perception of being overlooked from the proposed dwellings would reduce the level of amenity within the garden of no.42 Bowring Road to an unacceptable degree, and therefore the proposal is contrary to part (g) of General Policy 2 of the Strategic Plan.
• 4. Inadequate attention has been paid to the existing trees on the site, and the proposed redevelopment would result in the loss of a number of important trees on the site that, together, provide important amenity to the area. The tree survey submitted is limited in scope and cannot be relied upon to satisfactorily protect the trees on the site (in particular the large elm to the front of the site), nor does it appear to have assessed the health of the existing trees. As such, the proposal is contrary to part (f) of General Policy 2 of the Strategic Plan.
• 5. The accesses to parking for Plots 1 and 2 would, given their proposed location so close to the junction of Coburg Road with Bowring Road, result in vehicles being manoeuvred close to this junction. This, coupled with limited visibility in the area, could result in traffic backing up onto Bowring Road and therefore result in a harmful impact on highway safety in the area. The application is therefore contrary to parts (h) and (i) of General Policy 2 of the Strategic Plan.

Date of Issue: 8th June 2015

Director of Planning and Building Control

Guidance Note

This decision was made by the Director of Planning and Building Control in accordance with the authority delegated to him 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 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-developmentcontrol/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.