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Reiltys Ellen Vannin
Please reply to the Chief Executive
Our ref: RAH/MC
Dear Sir/Madam,
Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. email: [email protected] Tel: (01624) 685859 Fax: (01624) 685873 Chief Executive: R. A. Hamilton, AIPD, MCMI
22nd May 2006.
ON APPEAL: PA05/843 – Michael Car Centre Limited – Creation of permanent car-park/hardstanding, and extension of current parking area, Part of Field 385, adjacent to Filling Station, Main Road, Kirk Michael
I refer to the recent appeal hearing in respect of the above planning application.
In accordance with the provisions of paragraph 7(5) of Schedule 1 to the Isle of Man Planning Scheme (Development Plan) Order 1982, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.
The Minister has considered the report, and concurs generally with the appointed person's conclusions. However, the gist of these is that the use of the land for parking should be neither extended nor made permanent, whereas the application seeks both a permanent approval and an extension of the area. In these circumstances, it is clear that the application should be refused. Accordingly, the Minister does not accept the appointed person's recommendation to grant conditional approval, and has directed that the application should be refused for the reasons to which the appointed person refers in paragraphs 20, 21 and 24 of the report. Formal notice of this decision is attached to this letter.
Additionally, the Minister has noted that:-
(a) the use of part of the appeal site as car-parking is, since the expiry of the temporary approval, unauthorised; but that (b) the appointed person recommends that any further temporary use should be only that necessary to allow the business time to reorganise.
Accordingly, he has directed that, within three months of the date of this letter, a scheme must be submitted to the Department for written approval of the means of removal of all hard surfacing and the return of the land to grazing use. The approved scheme shall be implemented within one year of the date of this letter, or within three months of the approval of the scheme, whichever is the later. Thereafter, no vehicles shall be parked on the site.
Tang Martin Hobson
Tel 878799 No bosses there 30/8/06
Our ref: RAH/MC
22nd May 2006.
Failure to comply with this direction will result in consideration being given to enforcement action in accordance with Part 4 of the Town and Country Planning Act 1999.
Yours faithfully,
y. nee
Deputy Chief Executive.
Please see over for circulation list/...
TO: Ms. P. S. Newton, 2 Glen View, South Cape, Laxey, IM4 YHY
[Copies as per Circulation List]
In pursuance of his powers under the above Acts and Order the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby REFUSE the application by Michael Car Centre Limited – Creation of permanent car-park/hardstanding, and extension of current parking area, Part of Field 385, adjacent to Filling Station, Main Road, Kirk Michael, for the reasons that:-
The existing car-park and the proposed extension thereof are on what is, in planning terms, open countryside; such use is contrary to the land use zoning on the Local Plan and to the emerging policies of the Draft Strategic Plan; there is neither a national need for the appeal proposal, nor any exceptional circumstance attached to what is an ordinary need for industrial land.
Dated this 22nd day of May 2006.
By Order of the Minister
Murray House, Mount Havelock, Douglas, Isle of Man.
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.
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