Planning Refusal Notice
Town and Country Planning Act 1999
Town and Country (Development Procedure) Order 2005
Ellis Brown The Rechabite Hall Allan Street Douglas IM1 3DW
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: Margil Limited Proposal: Residential estate layout for ten dwellings at: Land Adjacent To Number 72 Slieau Curn Park Kirk Michael Isle of Man
which was considered on 15th June 2007, for the reasons set out below.
Date of Issue: 18th June 2007
Murray House Mount Havelock Douglas
Secretary Planning Committee
Reasons For Refusal:
- The majority of the site does not fall within an area zoned on the Kirk Michael Local Plan 1994 as predominantly residential but rather is located within an area of Open Space (Agriculture) not designated for development.
The proposal to develop this land for residential purposes would therefore be contrary to Policy 5.9 of the Local Plan which states that other than those areas specifically identified, "no further areas should be allocated for residential development" and Policy 12.4 which states "no areas of open space should be released for development". There is no justification to now warrant the setting aside of these policies.
- The proposed layout would be contrary to Policy 5.10 of the Kirk Michael Local Plan and Recreation Policy 3 of the emerging Isle of Man Strategic Plan (April 2007) in
that the development does not provide adequate open space provision within the proposed layout.
- The proposed layout does not provide sufficient separation distance between a two and a half storey dwelling-house and a two storey dwelling-house. This will result in overlooking, loss of privacy and overshadowing to the detriment of the future occupiers of the two storey dwelling-house.
- Insufficient detail has been submitted to demonstrate how private motor vehicles will access/egress from each of the plots. Furthermore, insufficient detail has been provided to show where the parking spaces will be accommodated within each of the plots. The Planning Authority is unable to assess whether the parking provision is adequate for the development.
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
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.
