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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 McGarrigle Architects Ltd 19 Mount Havelock Douglas Isle Of Man IM1 2QG 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 Care Developments Ltd, Ref 23/00526/B, for the Demolition of former nursing home and outbuildings, and the creation of five new 4 bedroom dwellings with associated garages, parking, amended access, amended drainage, and landscaping at Former Eastfield Mansion House Eastfield Douglas IM1 4AU for the following reason(s): 1. The demolition of the Eastfield Mansion house which is judged to contribute to the character and appearance of the Woodbourne Road Conservation Area is considered to be unacceptable as the application has not demonstrated that all reasonable efforts have been made to preserve the building nor provided sufficient justification for its total loss. Therefore, it is considered that the proposals would fail to preserve or enhance the character or appearance of the conservation area and are contrary to Section 16 (3) and Section 18 (4) of the Town and Country Planning Act (1999), Environment Policies 35 and 39, Strategic Policy 4 (a), and Paragraph 7.32 of the Isle of Man Strategic Plan 2016; policies RB/6, CA/2 and CA/6 of PPS1/01, and Urban Environment Proposal 3 and 4 of the Area Plan for the East. Accordingly, it is recommended that the proposals be refused on these grounds. 2. The proposed first and second floor windows on the rear (north) elevation of the proposed terrace dwellings, by virtue of their proximity to the neighbouring dwelling and boundary, and height above the ground level, would result in unacceptable levels of actual and perceived overlooking from the proposal site into Emsdale,' Hawarden Avenue, Douglas, to the detriment of their residential amenity. In this respect, the proposed development is considered to be unacceptable when assessed against General Policy 2 (g) and the principles promoted by the Residential Design Guide 2021. 3. Whilst it is noted that the proposed terrace has been designed to bear some traditional features, it is not considered that the design, form and appearance of the proposed dwellings would serve to preserve and enhance the character and appearance of the site and Conservation area as an appropriate replacement, given that it is not truly traditional, and fails to integrate a number of the key features on the existing terraces around the allotments that serve to define the character of this part of the Woodbourne Road Conservation Area. The scheme is, therefore, considered to fail the requirements of Environment Policy 35 and Policy CA/2 of Planning Circular 1/01.
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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: 17th October 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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