DEC Decision Notice

Mr Gary Proctor 13 Brunswick Road Douglas Isle Of Man IM2 3LH

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) (No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to REFUSE a planning application by Mr Gary Proctor, Ref 14/00079/B, for the construction of a raised sun deck and door access over rear yard store at 13 Brunswick Road Douglas Isle Of Man IM2 3LH for the following reason(s):

1. The proposed sun terrace would result in an unacceptably harmful loss of private residential amenity by virtue of the loss of privacy and the increased level of overlooking (or perception of overlooking) that would be felt by the occupiers of 15 Brunswick Road and 1 Tennis Road. As such, the proposal is considered to be in conflict with General Policy 2 (f) and (g) of the Isle of Man Strategic Plan.

Date of Issue: 17th April 2014

M Gallagher Director of Planning and Building Control

Guidance Note

This decision was made by the Director of Planning and Building Control in accordance with the authority delegated to him. A copy of the Officer’s report which led to the decision is enclosed. Any appeal against this decision must be in accordance with Article 8 of the Order. A valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice.

To further validate the appeal it must contain:

• Payment of a planning appeal fee as prescribed in an order made by the Department under Section 1(1) of the Fees and Duties Act 1989 (currently £150);
• The reasons for making the appeal; and
• An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-appeals/how-to-appeal/

If no appeal is lodged within 21 days of the date of issue overleaf and this decision becomes final, 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.