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Mr Robert Kewley, Low Ballacottier, Ballacottier Road, Orchan, Isle of Man, IM4 5BQ, 13th April 2016
Dear Sirs,
I am writing to object to Planning application numbered 16/00304/A.
First, I would like to point out that the developer has included an area of royland upon this application. They have stated they own "all" the land designated upon the plan. I went to great lengths, and had my lawyers research documents going back over 100 years, to register my land with the land registry as is law. I am certain that the developer has attempted to register the land that I own then they will have been informed that it does not belong to them.
Therefore they will have in my eyes "fraudulently" applied for permission to build. On this basis alone it should be denied Planning permission.
However, I have further points to make as to why permission should not be given. They have said three's will affect the development.
There are notrees belonging to this plot, the only tree which can be deemed as being affected by the development is on a joint boundary hedge with Mr + Ms Lees of Clysse Bay. As such I believe their permission should be sought as to any work being undertaken involving their boundary. All other trees as far as I can make out are inside our boundary or beyond the developer's boundary.
Again as far as I can aware in all planning matters you have to declare that the trees belong to you entirely as owner. Again I would close this as fraudulent as I can see no mention of Mr + Ms Lees.
Thirdly, but by no means finally, I would like to know where the drainage and sewerage from the proposed properties will go, because from where Is it the only option is to go to the river which is fully in my ownership. I will not allow any drainage or sewerage to enter my river by any means. My grandchildren play in our Glen and I do not want them to catch illness caused
by this development, also my wifes dog and other livestock drink from my river, there are too many chemicals pumped into waste water and sewerage systems in these modern houses and the world is dying because of this. I will not let my land be used as a toxic waste dump.
Which brings me on to my next point, "The ecosystem and the environment". Our glen is private but beautiful as nature intended, their are many, many species that thrive here, including Various waterfowl, herons both grey and night, voles, Curlews, Various small birds, Crows and various larger birds, many insects, fish in the river, it is a haven of life, which I feel will become less enjoyable and possibly void of many species within months of the development starting. There are also reports of both newts and frogs at various times in my land to the east of my river, this area deals the developer land, and I am concerned that these amphibians will disappear. Another concern regarding the natural occurrence of various species in the area is that of the Solitary bees that tend to live in the hedgerow abafting Clypse moor road. Also the removal of the goose hedgerow will reduce the number of bees in the area. Without bees the planet will die.
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Which brings me to my next point "Agriculture." The developer states the area is no longer agricultural, I am from an agricultural background and have been involved with agriculture all my life, I am a life member of the southern district agricultural society and as such I would like to prove the developer wrong, Cows and sheep are agricultural animals and I have seen this year 2016 both cows and sheep in this area. Agricultural land is land used for the purpose of producing food products but vegetation (arable) or meat (cow etc (livestock)) Thereby by definition of use this land is agricultural. It is not a brown field site.
PLANNING ASSOCIATION RECEIVED ON 13 APR. 2016 DEPT OF ENVIRONMENT PROD AND ACCOUNT
Which brings me to my concerns regarding over development of the area, the plan allows for further development in this area if the developer gets permission for both these properties. As one of them would be entirely in agricultural land, this would then set a precedent for further development in the area, which would cause me further concerns regarding, my river, myglers, my livestock, my security, in fact my entire property and its wellbeing. Since the development of sleaply we have had continuous problems with the drainage in some of our fields and also problems involving gates, leftops and
livestock escaping and some livestock even killed which caused great upset to my grandson. I do not want further problems from over-development around the beautiful countryside, especially if it affects my family and my property.
Further concerns but of a lesser extent at this time would be disperse of garden waste into my property and my river from these developments, also trespass onto my land and the possibility of my livestock attacking potential trespasses.
I would like to point out that the two previous properties on this site were smaller, less visual and imperfect condition, had the previous owner come to myself or a member of my family and offered them for sale at the price the developer paid we would have been happy to purchase them and allow the tenants to live there happily. I was disgusted that one of the tenants who had lived there for 40 years was turbed out like an old piece of wood. Indeed removing the tiles of the roof of the second tenant's property was also underhanded and unnecessary.
On a find note and to summarize, I would like to point out that I am almost 80 years of age, don't understand computers and only buy chance found out about this development as my son was examining the boundaries as per usual at this time of year. If it was not for him noticing the yellow notice pinned to the angled face then I could have had all kinds of problems involving my boundary and my river.
I strongly object to this development on the following points detailed below and explained herein.
⑧ WASTE DUMPING/FLY TIPPING
⑨ VISUAL FROM OUR LAND/BOTH LIGHT POLLUTION + VISUAL.
⑩ IF THIS DEVELOPMENT IS PASSED IT IS DETRIMENTAL THAT THE DEVELOPER KEEPS US INFORMED OF ALL WORKS ON HIS SITE AND DOES NOT UNDER ANY CIRCUMSTANCES, UNLESS IN WRITING FROM MYSELF OR MY LAWYER, ALLOW ANY DAMAGE OR CAUSE ANY PROBLEM, WHETHER ACCIDENTAL OR PURPOSEFUL TO MY PROPERTY.
⑪ I AM WILLING TO MEET WITH THE DEVELOPER TO DISCUSS MY CONCERNS.
Yours Truly
R. Kenley (R. KENLEY)
Enclosed: COPY OF LOW BALLACOTTIER LAND BOUNDARY AS REGISTERED AT THE LAND REGISTRY.
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