Appeal Letter and Decision Notice
Mr Gary Lamb Midway House Derbyhaven Castletown IM9 1TS
Telephone (01624) 685958 Email: [email protected] Contact: Scott Gallacher Our Ref: MEC /AP24/0016 Date: 6th November 2024
Dear Sir/Madam,
ON APPEAL
PA No: 24/00029/B Address The Old House - Reef House College Green / Douglas Street Castletown Isle Of Man IM9 1BE Proposal: Erection of a detached triple garage with garden wall / gate
I refer to the appeal in respect of the above planning application.
In accordance with the provisions of The Town and Country Planning (Development Procedure) Order 2019, I herewith give notice of the appeal decision.
The Minister for Environment, Food and Agriculture, the Hon C Barber MHK, has considered the report, concurs with the appointed person’s conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly, she has directed that the Department’s decision to approve the application should be upheld, and that the application should be Approved subject to conditions. Formal notice of this decision is attached.
Yours faithfully Redacted
cc: Scott Gallacher Chief Officer
The Town And Country Planning Act 1999
The Town and Country Planning (Development Procedure) Order 2019
Mr Gary Lamb Midway House Derbyhaven Castletown IM9 1TS
In pursuance of her powers under the above Act and Order/Regulations, the Minister for the Department of the Environment, Food and Agriculture, the Hon C Barber MHK does hereby in the name of and on behalf of the Department APPROVE planning application 24/00029/B by Mr Gary Lamb for Erection of a detached triple garage with garden wall / gate - The Old House - Reef House College Green / Douglas Street Castletown Isle Of Man IM9 1BE subject to the following condition:-
Condition Of Approval:
- The development hereby approved shall begin before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: The siting, size, design and massing of the proposed garage building would be acceptable in its site-specific context and there would be no harm to the character and appearance of the area, including the character and appearance of the nearby Conservation Area which would be preserved. Moreover, whilst the site may well be subject to wave overtopping at times, the garage would not be at unacceptable risk from flooding and neither would it materially increase the risk of flooding elsewhere. In all the above matters, there would be no conflict with any of the relevant development plan policies or related guidance. There would be no conflict therefore, with Landscape Proposal 4 of the Area Plan, with Strategic Policy 3b), General Policy 2b), c), d), e) g) and l) and Environment Policies 10, 11, 13, 36 and 42 of the Strategic Plan, with the Residential Design Guide, or with the advice in Draft PPS 1/09 and 2/09.
NOTE: This decision relates to the following documents and plans:
- Design Statement;
- Drawing EX-01 Rev A; and
- Drawing P-01 Rev A.
All date stamped as received 22 January 2024.
Date of issue 6th November 2024 By Order of the Minister Redacted
Scott Gallacher Chief Officer
Note 1: A copy of the report of the appointed person is appended hereto.
Note 2: All parties should note that there is no prescribed right of appeal relevant to the Minister’s decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.
Note 3: The letter which accompanies this notice forms part of the notice in accordance with Article 13 (3) of the Town & Country Planning (Development Procedure) Order 2019.
