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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 M P Associates Ltd 12 Strathallan Crescent Douglas Isle Of Man IM2 4NR 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 Tim Luft, Ref 23/00942/B, for the Construction of four detached houses and associated infrastructure at Land South Of Leyton Former Air Raid Shelter Site Victoria Road Douglas Isle Of Man IM2 6AQ for the following reason(s): 1. Whilst the revised scheme which removes the proposed dwellings for Plots 1 and 2 addresses the concern with the orientation of the buildings, and quantum of development proposes for the site, the current proposal still fails to address how the new development would fit into the existing site context, that has its particular character is defined by the mature landscaping and trees which create the verdant nature here, as the proposal fails to provide adequate tree replanting to re-establish the tree cover for the site, particularly on the defined replanting area and Plot 2 which housed a significant number of mature trees, and existed as a continuation of the mature wooded copse which stretches from the site into the adjacent Registered tree Area. The proposal is, therefore, contrary to General Policy 2 (c and f), Environment Policy 42, Strategic Policy 4 (b), and Strategic Policy 5 of the Strategic Plan. 2. The access arrangements as proposed would create an adverse impact on the existing highway for those users approaching from both sides of the access, and make it difficult for vehicles to exit the site in a safe and appropriate manner, as the visibility in both direction would be below the acceptable standards, contrary to the principles of General Policy 2(h and I) and Transport Policy 4 of the Strategic Plan (2016). 3. The scheme as currently proposed will result in the definite loss of a substantial number of mature trees of category B classification on site, and would result in further removal of more mature trees and canopy cover, which would result in significant adverse impacts on the character and appearance of the site and area, and it is not considered that adequate provision has been made for their replacement. There also exists a conflict between the proposed

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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 dwellings and the Tree Planting Area that accompanies the tree licence (License no 183/21) which would have provided further tree mitigation on site, and there are no reasons to justify this variation within the submitted documents. The proposal is, therefore, contrary to General Policy 2 (f), and Environment Policies 3 of the Strategic Plan. 4. It has not been demonstrated that the development could be undertaken without creating significant adverse impacts on biodiversity within the site and surrounding registered tree area as insufficient information has been provided to indicate how the development could be sensitively integrated on site, without resulting in significant adverse impacts on biodiversity. It is therefore, judged that the lack of provision made within the scheme to address biodiversity concerns would be contrary to the requirements of General Policy 2 (d) and Environment Policy 4 of the Strategic Plan. 5. Due to the positioning and proximity of first and second floor windows proposed for the Plot 3, which would be less than 15m from the rear garden of this neighbouring property, it is considered that the proposal would result in unacceptable levels of overlooking for this property, particularly as this garden is the only garden area available for this neighbouring property, contrary to General Policy 2 (g) of the IOM Strategic Plan 2016 and the principles set out in the Residential Design Guide. Date of Issue: 7th October 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 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 £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.