DEC Decision Notice

Atelier Krueger Architecture Ltd 19 Kensington Road Douglas IM1 3EP

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 Martin Freestone, Ref 22/01500/B, for the Convert existing single storey stables adjacent to the main house into 6 self contained holiday apartments and extend the stables by adding a first floor to provide spacious accommodation and maximise the countryside views at Rose Hill Farm Richmond Hill Douglas Isle Of Man IM4 1JG for the following reason(s):

• 1. The site is not designated for development, is not within any settlement boundary and is not a building of historic, architectural or social interest warranting it an exception to development in the countryside contrary to Strategic Policy 2, Spatial Policy 5, Environment Policy 1, General Policy 3(b), Housing Policy 11 and Environment Policy 16 of the Isle of Man Strategic Plan 2016.
• 2. The site contains some previously developed land, however its proposed redevelopment would result in an increased impact on the environment and landscape beyond the current situation contrary to General Policy 3(c) of the Isle of Man Strategic Plan 2016.
• 3. The proposal by reason of its increased level of activity, upwards height increased and proximity to neighbouring property within the courtyard would result in an adverse overbearing and overlooking impact harming the adjacent properties privacy, overall outlook, living conditions and general amenity contrary to General Policy 2 (b, c, g) of the Isle of Man Strategic Plan 2016.
• 4. By reason of the increased level of activity at the site as a result of the proposed tourist units and their associated traffic movements, it is not considered that sufficient information has been provided to demonstrate safe access and egress onto and from the main arterial route which is three lanes wide and subject to high traffic speeds and passing vehicles without resulting in any highway safety issues or highway network and safe flow of traffic issues contrary to General Policy 2 (h and i) and Transport Policy 4 of the Isle of Man Strategic Plan 2016.

Date of Issue: 28th February 2023

Director of Planning and Building Control

Guidance Note

This decision was made by a Principle Planner 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 £305); 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 £115).

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.