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 24/91163/B, for the Alterations to existing garage including first floor extension for storage above at Garage 2 Rear Of Reayrt Ny Baie Complex Albert Terrace Douglas Isle Of Man IM1 3LQ for the following reason(s):

1. The proposal would neither protect nor enhance the designation abutting the site and there is no public gain to outweigh the harm, therefore the proposal is contrary to the Town and Country Planning Act (1999).
2. By virtue of the height of the extension the proposal would introduce an obtrusion into the open space between the existing courtyard style setting. The disproportionate extension incorporating elements of domesticity considered beyond that necessary for storage above a garage would cause harm to the character of the locality and residential amenity. Therefore the proposal is contrary to Strategic Policy 4(a) and (b) and General Policy 2 (b) (c) (g) and (m).
3. The proposal does not address concerns raised regarding vegetation and habitat nor does it provide bidodiversity gain therefore the proposal does not accord with General Policy 2 (d) and, Environment Policy 3, 4 and 5.
4. In general the proposal does not accord with General Policy 2(j) or Community Policy 7.

NOTE Isle of Man Wildlife Act 1990

Irrespective of the details contained within the planning application submission or the planning officers report the applicant should be aware of, and make any person undertaking work on their behalf aware of, their duty as stated in the Act to have regard to the environment as detailed in s36 of the Isle of Man Wildlife Act 1990 and those protected species listed in Schedule 5 and Schedule 7 of the Act.

It is an offence subject to penalties to, intentionally or recklessly remove damage or destroy protected species.

Date of Issue: 15th April 2025 J CHANCE

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 informed the assessment and decision is available to view on the Government's website (via https://pbc.gov.im/onlineapplications/)

A determination to refuse planning approval does not have effect -

• if an appeal is submitted until the appeal is determined or withdrawn; or
• if no appeal is submitted, until the time within which an appeal may be submitted has expired ( 21 days from the date of this notice).

Appeal

Any appeal must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal