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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Kelly Lewthwaite Building Design 23 Market Street Douglas IM1 2PA 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 Oliver And Eleanor Blaker And Kelly, Ref 23/00267/A, for the Approval in principle to site dwelling and garage , discharging the siting and means of access at Land West Of Merrion Park Old Castletown Road Port Soderick Isle Of Man IM4 1BB for the following reason(s): 1. The principle of development for the erection of a dwelling and garage is not accepted because the site lies within a rural and protected part of the countryside where any development is strictly controlled with the site not being allocated specifically for any development. The personal circumstances put forward by the applicant are not considered to be of such significance to warrant a departure from DEFA Planning policies for the area. The proposal would be contrary to the provisions of Strategic Policy 2; Spatial Policy 5; General Policy 3a); Housing Policy 4a); and, Environment Policy 1, which seeks to protect the countryside for its own sake and from "Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." 2. The proposed development is unacceptable because the erection of dwelling and garage on the site would unacceptably alter the character and appearance of this part of Port Soderick which lies within the open countryside and would result in the loss of this important soft, green, visual gap between older and more recent development - a gap which adds to the semi-rural character of the site and its surroundings. This would be visually harmful to the rural character and appearance of the site and surroundings contrary to the provisions of General Policy 2 b) and c); and, Environment Policy 1 in the Adopted Isle of Man Strategic Plan (2016). Date of Issue: 23rd August 2023 J CHANCE Director of Planning and Building Control
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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 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 £335); 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 £125). 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 (should one have been received) 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.
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