DEC Decision Notice

Mr & Mrs James & Ann Kenna 84 Eary Veg Douglas Isle Of Man IM2 5LZ

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 James & Ann Kenna, Ref 23/00274/B, for the Creation of vehicle access and additional driveway, works to include the dropping of a kerb at 84 Eary Veg Douglas Isle Of Man IM2 5LZ for the following reason(s):

• 1. There is insufficient reason demonstrated within the submission to warrant the creation of two accesses to the site which would be introducing an element of harm to all highway users. The application does not provide clear justifications that demonstrates how a second access will add to the safety of the access arrangements, or why such added safety cannot be achieved from a single access, or by improving or repositioning an existing access. As such, the proposal would not comply with General Policy 2 (h 7 i), and the Manual for Manx Roads, as the principle cannot be justified.
• 2. The proposed development is unacceptable because it would result in the loss of a significant proportion of the front boundary wall and front garden which would be unduly detrimental to the character and appearance of the street scene particularly on this side of the road, contrary to the provisions of General Policy 2 (b), (c) & (g) of the Isle Of Man Strategic Plan 2016; and, the Residential Design Guide 2021.
• 3. The new access would be at a point along the road where it would cut through a designated pedestrian walkway, with potential to increase the potential conflicts between vehicle users and pedestrians and is not considered to be in the interest of highway safety. This element of the proposal would fail Transport policies 4 and 6, and General Policy 2 (h & i) of the Strategic Plan 2016.

Date of Issue: 7th December 2023

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management 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.