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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 Mr Matt Richards Arcadis Consulting Rydon House Pynes Hill Exeter EX2 5AZ 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 Manx Utilities Authority, Ref 20/00082/B, for the Erection of replacement sewage treatment works with associated landscaping and bridge for vehicle access at Sewage Works Breeze Hill Laxey Isle Of Man IM4 7DL for the following reason(s): 1. The proposed development would be contrary to the designation of the site as Tourism and Leisure/Tourism on the Laxey Local Plan/draft Area Plan for the East and the development would furthermore remove the opportunity for further tourism-related development on this site which could support the economy of Laxey and the surrounding area, contrary to the local and draft Area Plan and Transport Policy 13. 2. The Committee is not satisfied that the impact of the additional traffic and in particular the nature of vehicles which would use Minorca Hill would be acceptable given the narrow and winding nature of this highway and the proximity of properties to it. The development would therefore be contrary to General Policy 2g and 2i of the Strategic Plan. 3. The Committee is not satisfied that there would not be an unacceptable impact through odour nuisance on those living and visiting the surrounding area, contrary to Environment Policy 22 and General Policy 2g of the Strategic Plan. 4. The proposed development would neither preserve nor enhance the character or appearance of the Conservation Area contrary to Environment Policy 35 of the Strategic Plan and Planning Policy Statement 1/01 CA/02: rather, it would have an adverse impact through the appearance of the proposed building and potential smell nuisance to the area. 5. The Committee remains concerned that the site is vulnerable to flooding and that the development would thus be contrary to Environment Policies 10 and 13 and General Policy 2l of the Strategic Plan. 6. The development would have a detrimental impact on the enjoyment of the footpath due the visual impact of the development and particularly this impact when viewed from the
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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 footpath above, on the character and appearance of the Conservation Area, contrary to Environment Policy 35 and Planning Policy Statement 1/01 CA/02. 7. The Committee is not satisfied that all of the possible alternatives have been fully explored and that there is not a potential way of treating Laxey's sewage in a manner which would not result in the same level of harm as does the current application. Date of Issue: 30th July 2020 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 £285); 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 £100). 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 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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