192801

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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 Kinrade Associates Limited Stella Maris Mountain Road Ramsey IM8 2JJ 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 And Mrs Martin Hall, Ref 24/00320/A, for the Approval in Principle for demolition of existing garage and erection of new detached dwelling at Garage 2 Rear Of Reayrt Ny Baie Complex Albert Terrace Douglas Isle Of Man IM1 3LQ for the following reason(s): 1. The proposed development of the site via the erection of a dwelling is unacceptable because it would result in a cramped form of development, that would appear incongruous on this side of the access road, and which would out of keeping with the adjoin 4-storey residential development at the Reayrt Ny Baie complex opposite the site approx. 6.5m away to the east; and, the adjoining 2-storey dwelling at 10 Auckland Grove to the east of the site, which is also approx. 6.5m away from the indicated rear wall of the applications sketch dwelling. The submitted details, although indicative at this stage, emphasise the difficulties in accommodating a viable, in terms of accommodation to be provided, form of residential development. This is contrary to the advice contained in the Isle of Man Residential Design Guide 2021; and, the provisions of General Policy 2 (b), (c) and (g) of the Isle of Man Strategic Plan 2016. 2. The proposed development of the site via the erection of a dwelling is unacceptable because there would be an unacceptable degree of overlooking of windows serving living accommodation in the upper side wall of No. 10 Auckland Grove in that the occupants of the new dwelling due to: o at the rear of the dwelling and from the rear deck in respect of these windows would be able to directly observe activities at No. 10 from the outdoor terrace serving the new dwelling and from ground, first floor and second floor level windows, be able to see up to and across to these higher level windows in the rear side elevation of No. 10; and,

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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 o the proximity of the rear balcony/terrace serving No. 10, which would result in an unacceptable degree of overlooking of this rear balcony/terrace which would also be overlooked from views obtained from the rear windows in the new dwelling and from the rear decked area. This would be contrary to the advice contained in the Isle of Man Residential Design Guide 2021; and, the provisions of provisions of General Policy 2 (b), (c) and (g); and, Environment Policy 22 (iii) which covers - inter alia - light and noise pollution; and, Environment Policy 23 - of the Isle of Man Strategic Plan 2016, in that the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours. 3. The proposed development of the site via the erection of a dwelling is unacceptable because the occupants of No. 10 Auckland Grove would be able to see and observe activities and comings and goings to the rear of the new dwelling and would have direct window to window views across the rear garden area of the same windows in the new dwelling as advised in Reason 2 of this Refusal Notice. They would further obtain views of the rear balcony/terrace serving the new dwelling, all of which would result in an unacceptably low level of residential amenity for future occupants of any proposed dwelling on the site. This is contrary to the advice contained in the Isle of Man Residential Design Guide 2021; and, the provisions of provisions of General Policy 2 (g) and Environment Policy 23 (in part) of the Isle of Man Strategic Plan 2016, in that the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours. This works both ways in respect of overlooking and loss of privacy. Date of Issue: 20th August 2024 J CHANCE 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 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 £355); 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 £130). 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.