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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 AH Grace Ltd 32 Cronk Avenue Onchan IM33DF 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 Peter Bergquist, Ref 23/00364/B, for the Erection of a detached garage and annex above. at Brae Villa Tromode Road Douglas Isle Of Man IM2 5EJ for the following reason(s): 1. The proposed garage with annex over, by reason of its flat roof design, fenestration proportions and general appearance, is considered to be an unsympathetic addition to the application property and as a result the development would detract from the appearance of the property as it fails to take into account the existing site context in terms of building design, form, and appearance. The proposal, therefore, conflicts with General Policy 2(b and f), and Strategic Policy 3 (b) of the Isle of Man Strategic Plan 2016, and Paragraphs 3.1.3 to 3.1.8 of the RDG 2021. 2. Due to the overall height, flat roof and block design, the proposal would fail to relate effectively with the locally distinctive patterns and form of development at the site and area, as it would fill the entire corner of the applicant's property, creating an incongruous feature that does not respect the original dwelling on site. The proximity of the development to the existing mature landscaping on the site boundary would also result in the removal of the existing mature landscaping on the site, leading to a decline in the character of the locality, noting the existing mature landscaping on the site and surrounding properties contribute to the visual amenity and sense of place of the locality known for its verdant nature. The proposal is, therefore, considered to be at variance with the character and identity of the locality and townscape, contrary to Environment Policy 42, and General Policy 2 (b, c and g), and the latter part of Strategic Policy 3(b) of the Strategic Plan. 3. The proposed second floor bedroom window on the western elevation, by virtue of its proximity to the boundary and height above the ground level, would result in unacceptable levels of actual and perceived overlooking from the proposal site into 'Tromode Lodge', to the detriment of the residential amenity. Likewise, the scheme, by virtue of its proximity, two storey height, and overall mass, would result in overbearing impacts, particularly as the existing mature landscaping which would serve to soften any overbearing impacts is to be removed. In this respect, the proposed development is considered to be unacceptable when assessed against General Policy 2 (g) and the relevant sections of the Residential Design Guide.
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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 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 the Planning Committee in accordance with the authority delegated to it. 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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