DEC Decision Notice

Mr Simon Garrood 19 Ormly Avenue Ramsey Isle Of Man IM8 3LF

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 Simon Garrood, Ref 20/00179/B, for the Erection of a raised and covered decked area (partial retrospective) at 19 Ormly Avenue Ramsey Isle Of Man IM8 3LF for the following reason(s):

• 1. The raised deck given its height, width, design, finish and proximity to the east boundary (adjoining Plot 106 Royal Park) would be obtrusive and have a significant adverse impact upon the future occupants of this dwelling (Plot 106 Royal Park) by having an overbearing impact upon their outlooks, from their property and rear garden contrary to General Policy 2 of the Isle of Man Strategic Plan 2016 and the Residential Design Guidance 2019.
• 2. The raised deck would introduce unobstructed views from the southeast section of the deck and from the external staircase towards the rear garden of Plot 105, resulting in in an adverse impact through overlooking resulting in loss of privacy contrary to General Policy 2 of the Isle of Man Strategic Plan 2016 and the Residential Design Guidance 2019.

Date of Issue: 13th May 2020

Director of Planning and Building Control

Guidance Note

This decision was made by a Principal 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 £276); 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.