DEC Decision Notice

Mrs Toni Hackman 61 Silverburn Crescent Ballasalla IM9 2DY

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 Mrs Toni Hackman, Ref 23/00335/A, for the Approval in principle for the erection of a four-bedroom bungalow and hardstand for garage/car port addressing siting, drainage and means of access at Field 431163 Ballamodha Straight Ballasalla Isle Of Man IM9 3EL for the following reason(s):

• 1. The principle of development, namely the erection of a dwelling on a greenfield site in the countryside, represents an unsustainable form of development that is contrary to the Island's spatial strategy, whilst further resulting in a form of development which would pose a detriment impact upon the character and appearance of its isolated rural location. The proposals are therefore contrary to Spatial Policy 5, Strategic Policy 4, General Policies 2 and 3, Housing Policy 4 and Environment Policy 1 of the Strategic Plan (2016).
• 2. In the absence of sufficient information demonstrating otherwise, the proposals have the potential to result in a detrimental impact upon protected species and the site's biodiversity credentials, contrary to Environment Policy 4 of the Strategic Plan (2016).
• 3. In the absence of sufficient information demonstrating otherwise, the proposals have the potential to result in a detrimental impact upon highway safety, whilst not providing sufficient information with respect to drainage and ensuring there would be no surface water run-off onto the highway. Likewise, the proposals further have the potential to impact upon critical drainage infrastructure passing through the site. The proposals are therefore contrary to Transport Policy 4 and Infrastructure Policy 4 of the Strategic Plan

(2016).

Date of Issue: 19th July 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 £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.