infrastructure

Isle of Man

Government

Keithy Cline Vannie

Mr & Mrs Harry Marsden John Sainsbury Kerrowkeil Patrick Road St Johns IM4 3BN

Office of the Minister and Chief Executive

Telephone: (01624) 686603 Fax: (01624) 686617 Email: [email protected] Contact: Maggie Farmer Our Ref: ITT/mf Your ref: Date: 8th June 2011

Dear Sir/Madam

ON APPEAL

| Application No: | 10/01632/B | | --- | --- | | Proposal: | Erection of a detached dwelling, land adjacent to Kerrowkeil, Patrick Road, St Johns, IM4 3BN | | Applicant: | Mr & Mrs Harry Marsden John Sainsbury | | Appellant: | Mr & Mrs Walton |

I refer to the recent appeal in respect of the above planning application.

In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to consider this appeal.

The Minister has considered the report, concurs with the appointed person's conclusions, and accepts the recommendation that the appeal should be allowed. Accordingly, he has directed that the approval of the application under Article 6 of the Town and Country Planning (Development Procedure) Order 2005 should be reversed, and that the application should be refused. Formal notice of this decision is attached.

Yours faithfully

I T Thompson

Chief Executive

Circulation List

• Mr & Mrs H M J Sainsbury
• Mr K Graham
• Clerk to Patrick Commissioners
• Mr K Ryzner
• D M and V A Callin
• Manx Electricity Authority
• Mr G A Clark
• Secretary to the Planning Committee

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

THE TOWN AND COUNTRY PLANNING ACT 1999

THE TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) ORDER 2005

TO: Mr & Mrs Harry Marsden John Sainsbury, Kerrowkeil, Patrick Road, St Johns, IM4 3BN [Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the MINISTER for Infrastructure, following report by the appointed person, does hereby REFUSE the application by Mr & Mrs Harry Marsden John Sainsbury Erection of a detached dwelling, land adjacent to Kerrowkeil, Patrick Road, St Johns, IM4 3BN for the following reasons:-

1. The proposed development would lead to a loss of an important tree, without the possibility of suitable replacement planting, and as such would harm the rural character of the area in conflict with Environment Policy 42 of the Strategic Plan and the aims of the St John's Local Plan.
2. The proposal would be an overdevelopment of the site in that provision for car parking behind the frontage could not be achieved, thus conflicting with the requirements of Appendix 7 of the Strategic Plan.

Date of issue: 8^{\text {th }} June 2011

By Order of the Minister

I T Thompson Chief Executive

Note 1: A copy of the report of the appointed person is appended hereto. Note 2: To the extent that the decision does not follow the recommendations of the appointed person the reason for the decision is also appended hereto.