Planning Refusal Decision Notice

Town and Country Planning Act 1999

Town and Country (Development Procedure) Order 2005

Heritage Homes Ltd Dandara Group Head Office Isle Of Man Business Park Cooil Road Braddan IM2 2SA

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: Heritage Homes Ltd Proposal: Approval in principle for the development of Residential, Industrial and Open Space uses at: Fields 134278, 134279, 134280, 134281, 134282, 134283, 134284, 134288 & 134289 Between Lezayre Road And The Sulby River And The West Of The Auldyn River Ramsey & Lezayre Isle Of Man

which was considered on 15th May 2009, for the reasons set out below.

Date of Issue: 19th May 2009

Murray House Mount Havelock Douglas

Reason(S) For Refusal:

1. The planning application includes land (field 134281) that is not designated for development under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998, the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982 or the West Ramsey Development Framework. As such, the development proposed by the planning application is partially contrary to the land use designation under the aforementioned documents and the presumption against development set out in Strategic Policy 2 & 11, Spatial Policy 5, General Policy 1, 2 & 3, and Housing Policy 2 & 4 of the Isle of Man Strategic Plan 2007.

1. The development proposed by the planning application is contrary to the phasing requirements set out within section 17.0 of the West Ramsey Development Framework. The granting of planning approval would fail to have proper regard to the phasing of the overall

development of this land and therefore be contrary to the relevant planning policy background and the principles of good land use planning. Specifically:

i) No extant planning approval exists for the development of area 1 and the provision of the distributor road from the existing extent of Poylldooey Road to the remaining areas within the West Ramsey Development Framework area. As such, the land contained within the application site is proposed to be served by one sole access (Gardeners Lane). The reliance on this sole access to serve the application site in addition to the land with extant planning approval under 03/00790/B (areas 2 & 3) and 03/01846/B (area 4) is unacceptable; and

ii) The development approved on areas 2, 3 & 4 is not substantially complete and no extant planning approval exists for the development for area 1. As such, the granting of planning approval for the development of areas 5, 6 & 7 would be premature. Furthermore, the grant of planning approval for the development of area 7 is dependent on the substantial completion of development within areas 5 & 6 and therefore also premature.

1. The Residential Land Availability Study (Update 2 2009) indicates that 92 residential units are needed within the North to meet the housing target contained within the Isle of Man Strategic Plan 2007. Given the size and estimated residential yield of the land contained within the application site the granting of planning approval would cause a supply of residential units that far exceeded the housing target set out within the Isle of Man Strategic Plan 2007. As such, the proposed development is contrary to the provisions of Housing Policy 1, Housing Policy 2 and Housing Policy 3 of the Isle of Man Strategic Plan 2007 and premature.

1. The planning application fails to provide adequate information in respect of access to the existing highway network or sufficient information in respect of the impact of the additional traffic generated by the proposed development on the highway network and highway safety. As such the planning application fails to comply with Transport Policy 7 of the Isle of Man Strategic Plan 2007

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/applications/decision.xml

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.