DEC Decision Notice

Mr James Vickers The Vickerage Willow Lane Eairy Marown IM4 3HP

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act, and subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Mr & Mrs John Eugene and Kathryn Anne Humphrey, Ref 20/01404/B, for the Construction of new dwelling and detached garage at Land Adjacent To Longmead Ballakillowey Road Colby Isle Of Man for the following reason(s):

• 1. It is considered that the proposal will not have an unacceptable impact on the living conditions of those in Strathcona and Horizon. However, the impact on the rear garden of Longmead is considered to be significant, offering substantial views over this property from the proposed balcony and exacerbated by the inclusion of large areas of glazing on the rear ground floor in terms of actual and perceived privacy. The proposal is thus considered to fail General Policy 2g.
• 2. The design of the property is considered to be out of keeping with the surrounding area which is largely characterised by traditional Manx cottages. This impact is exacerbated by the inclusion of a large garage finished in similar materials, which is closer to the road than is the house. The proposal is considered to conflict with General Policy 2b, c and g and Strategic Policies 3b and 5 in this respect.

Date of Issue: 5th March 2021

Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management in accordance with the authority delegated to them.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

•  the grounds for making the appeal;
•  payment of the planning appeal fee (currently £285); and if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £100).

Where the appeal is submitted by the applicant they must:

•  specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
•  Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance.

If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, 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.