DEC Decision Notice

Kinrade Associates Limited Stella Maris Mountain Road Ramsey IM8 2JJ

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 Nick Crowe, Ref 21/00078/A, for the Approval in principle for the erection of a dwelling to determine siting and access at Field 210313 Land Adjacent To Ballakeenan Beg Jurby West Crossroads Jurby West Isle Of Man for the following reason(s):

• 1. The proposal is not within a named settlement in accordance with the settlement hierarchy and would encourage unsustainable use. Accordingly it is contrary to Spatial Policy 3 & 5; Strategic Policy 2 and 10.
• 2. The proposal is not of a nature which would be supported in the countryside under those policies which set out the exceptional forms of development which would be allowed in the countryside. Furthermore, it has not been demonstrated that there is an overriding national need and a site for which there are no reasonable and acceptable alternatives. Therefore the proposal is considered to undermine General Policy 3 and Housing Policy 4, which seeks to protect the countryside for its own sake.
• 3. The application site is not zoned for development and is within an Area of High Landscape or Coastal Value and Scenic Significance. The creation of a new residential dwelling in an area not zoned for development would result in an inappropriate development in the countryside contrary to Environment Policy 1 and Environment Policy 2 of the Isle of Man Strategic Plan.

Date of Issue: 23rd 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.