189295

==== PAGE 1 ====

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 Mick Stott MS Design Ltd 2 Cronk Rhenny Villa Quines Hill Port Soderick Braddan, Isle Of Man IM4 1AU 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 Tracey Bell, Ref 24/00050/B, for the Proposed new dwelling to be created on vacant plot at Land Adjoining 44 Victoria Road Douglas Isle Of Man for the following reason(s): 1. Due to the overall height, width and form of the proposed dwelling, together with its proximity to the existing dwellings at Nos. 44 and 46 Victoria Road, it is considered that the proposal would disrupt the general rhythm of the overall group of buildings, and result in an incongruous built development within an area comprising mainly traditional dwellings, and it is not considered that the new dwelling represents and innovative/modern introduction reflective of its time as required by Paragraph 6.8.3 of the Area Plan for the East. The proposal is, therefore, considered to result in detrimental impacts on the character and appearance, and the context of this part of Victoria Road, contrary to Environment Policy 42, General Policy 2 (b, c and g), and Strategic Policy 3(b) of the Strategic Plan. 2. The parking and access arrangements as proposed would create an adverse impact on the existing highway, as the visibility in both directions would be below the acceptable standards, having obstructions set at 1.6m and 2.2m on either side, which would make it difficult for vehicles to exit the site in a safe and appropriate manner, contrary to the principles of General Policy 2(h and I) and Transport Policy 4 of the Strategic Plan (2016). 3. The scheme as proposed would result in vehicles projecting onto the adjoining public footway, and the visibility is such that would increase the potential for increased conflict and risk to pedestrians. This would be contrary to Transport policies 6 and General Policy 2 (h) of the Strategic Plan 2016. 4. The proposed first floor terrace and second floor balcony on the rear elevation of the proposed dwelling, by virtue of their proximity to the neighbouring dwellings and boundary, and height above the ground level, would result in unacceptable levels of actual and perceived overlooking from the proposal site into the neighbouring rear gardens. Likewise, the proposed side windows, by virtue of their size and proximity of neighbouring windows on the side elevations hold the potential for significant overlooking of living spaces, to the detriment of their residential amenity. In this respect, the proposed development is

==== PAGE 2 ====

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 considered to be unacceptable when assessed against General Policy 2 (g) and the principles promoted by the Residential Design Guide 2021. Date of Issue: 28th May 2024 J CHANCE Director of Planning and Building Control

==== PAGE 3 ====

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 Acting Head of Development Management 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 £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.