DEC Decision Notice

Department Of Infrastructure Public Transport Headquarters Banks Circus Douglas Isle Of Man IM1 5PT

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 Department Of Infrastructure, Ref 20/00617/B, for the Alterations to existing bus stop to make more accessible to mobility at Bus Shelter The Parade Castletown Isle Of Man IM9 1LG for the following reason(s):

• 1. The development would not preserve or enhance the character or appearance of the Conservation Area by virtue of the design, appearance and location of the proposed shelter, rathermore, it would detrimentally affect the Conservation Area, contrary to Environment Policy 35 and General Policy 2c and g of the Strategic Plan and CA/2, TM/09 and CA/4 of the Planning Policy Statement 1/01.
• 2. The proposed relocation of the north eastern shelter would result in the likelihood of adverse impact on the living conditions of those in 1, 2 and 3, The Parade due to the prolonged presence of people close to these dwellings early in the morning and later in the evenings, contrary to General Policy 2g and k of the Strategic Plan.
• 3. The position of the proposed north eastern bus stop would adversely affect highway safety in terms of the access to and egress from the long stay car park, for both motorists and pedestrians, contrary to General Policy 2 h, i and m and Transport Policy 6.

Date of Issue: 25th August 2020

Director of Planning and Building Control

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.