Refusal Decision Notice

Town and Country Planning Acts, 1934 - 1991

Isle of Man Planning Scheme (Development Plan) Order 1982

Dave Luton Design Old Engine House Studio Agneash

In pursuance of powers granted under the above Acts and Order the Department of Local Government and the Environment does hereby REFUSE the following application made on behalf of:

Name: A J Lees Ltd Proposal: Erection of a block of garages to replace builders store/yard at: Old Builders Yard Adjacent To 2 Droghadfayle Park Port Erin Isle Of Man

which was considered on 24 June 2005, for the reasons set out below.

Date of Issue: 30 June, 2005 Murray House Mount Havelock Douglas Secretary Planning Committee

Reasons For Refusal:

1. There is no evidence to suggest that there is a need within the immediate area for garaging as proposed. As such, the erection of garaging on the site would attract comings and goings by those who may not live close to the site and as such the development of such facilities are not accepted as being complementary to the residential area in which the development is proposed.

1. The proposed development involves built development which abuts the rear and side boundaries of the site and thus constitutes over-development of the site in terms of site coverage. The amount of comings and goings from this number of garages and the space above the garaging is also likely to result in over-intensive usage of the site, all of which will be unneighbourly and detrimental to the amenities of the neighbourhood.

1. The erection of a building which occupies all of the width of the site and which is built up to the rear boundary is likely to adversely affect the existing vegetation - trees and shrubs - on site, to the detriment of the appearance of the area.

1. The proposed development would address the use and maintenance of half of the area which is presently undeveloped. This would prejudice proposals for the use and upkeep of the remainder of the site, to the detriment of the surrounding residential area.

1. This decision was made by the Planning Committee constituted in accordance with Paragraph 2 of Schedule 1 of the Isle of Man Planning Scheme (Development Plan) Order 1982.

Note 1: The decision contained in this notice does not become final until:-

• the time for requesting a review of the initial decision has expired; or
• any review of the initial decision has been completed; or
• the time for requesting an appeal in relation to any decision at review has expired; or
• any appeal has been completed.

Note 2: Rights of review against the decision are attached.