Refusal Decision Notice

Town and Country Planning Act 1999

Town and Country (Development Procedure) Order 2005

Archides Limited The Architectural Studio Stanley House Lord Street Douglas IM1 2BF

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

Name: Ashwood Properties Proposal: Approval in principle for the demolition of existing bungalow and erection of three dwellings with double garages at: Ashwood Ballamenagh Road Baldrine Isle Of Man IM4 6AL

which was considered on 31 March 2006, for the reasons set out below.

Date of Issue: 6 April, 2006 Murray House Mount Havelock Douglas Secretary Planning Committee

Reason(S) For Refusal:

1. The planning application is unacceptable by reason that it is contrary to the established presumption against residential development in the countryside. In this particular instance the presumption is reinforced in three ways:

i) The proposed development of three dwellings on the application site is contrary to its designation under the Laxey and Lonan Area Plan Order 2005, which designates the application site as being within a) an area of open space/agriculture use and b) an area of high landscape value and scenic significance. The application site is not designated for residential development;

ii) The proposed development is contrary to policy L/RES/PR/1 of the Laxey and Lonan Area Plan Order 2005, which states that residential development will generally only be approved in areas designated as proposed or existing residential use; and

iii) The proposed development of three dwellings to replace one existing dwelling and to extend into the adjacent countryside is contrary to the

provisions of Planning Circular 1/88 (Revised), Residential Development – Houses in the Countryside, which sets out a general presumption against residential development in the countryside.

1. This decision was made by the Director of Planning and Building control in accordance with the authority delegated to him under Article 3(13) of the Town and Country (Development Procedure) Order 2005

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 down load from the Department’s website www.gov.im/dlge/planning/plan