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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 Mr Liam Keary 39 Arbory Street Castletown IM9 1LL 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 Mrs Cheryl Witchell, Ref 23/01067/A, for the Approval in principle for the erection of 2 dwellings with associated access and siting and all other matters reserved at The Secret Garden Nurseries Ballacharry Road St Marks Ballasalla Isle Of Man IM9 3AU for the following reason(s): 1. The principle of development, namely the redevelopment of the site for residential purposes, represents an unsustainable form of development that is contrary to the Island's spatial strategy, whilst further resulting in a form of development which would pose a detriment impact upon the character and appearance of its isolated rural location. The proposals are therefore contrary to Spatial Policy 5, Strategic Policy 4, General Policies 2 and 3, Housing Policy 4 and Environment Policy 1 of the Strategic Plan (2016). 2. In the absence of sufficient information demonstrating otherwise, the proposals have the potential to result in a detrimental impact upon protected species and the site's biodiversity credentials, contrary to Environment Policy 4 of the Strategic Plan (2016). Date of Issue: 13th March 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 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 £335); 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 £125). 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.