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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 Partington Nixon & Kinrade 19 Peel Road Douglas Isle Of Man IM1 4LS 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 Elliott Construction Limited, Ref 21/00750/B, for the Erection of a dwelling with associated access at Land Adjoining Ard Reayrt Laxey Isle Of Man for the following reason(s): 1. The erection of a dwelling upon this site would be contrary to General Policy 3 and the land use zoning of "Open Space." Approval of such a scheme on land designated for "Open Space" within an urban environment would set a significant precedent for similar types of development within existing settlements in the Isle of Man. 2. By virtue of its scale and design, the proposed dwelling would introduce an incongruous and unsympathetic element which would harm the appearance of the site and the overall character and appearance of the street scene when considered against the overall design in the area. The proposed dwelling due to its elevated vantage point would create unacceptable overlooking and overbearing to the rear of "Wayside." 3. Whilst the proposal does not propose the loss of many trees, the overall level, both what is proposed within the application and that which could reasonably be assumed may well occur in future given the likely pressure from occupants of any dwelling erected on the site means the proposal is contrary to Environment Policy 3. 4. The application is missing information which would be required to make a full assessment including details on the drawings given and an ecology report. Date of Issue: 22nd November 2021 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 Planning Committee in accordance with the authority delegated to it. 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 £295); 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 £110). 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 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.