Refusal Notice 06/00034/B

Town and Country Planning Act 1999

Town and Country (Development Procedure) Order 2005

Mr & Mrs A Elliott 103 Fairways Drive Mount Murray Santon

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

Name: Mr & Mrs A Elliott Proposal: Erection of a dormer style dwelling with integral garage at: Field 510154 Adjacent To Hampton Croft Clanna Road Santon Isle Of Man

which was considered on 22 February 2006, for the reasons set out below.

Date of Issue: 2nd March, 2006

Murray House Mount Havelock Douglas

Reasons For Refusal:

1. The site is not designated for development on the adopted land use plan, the Isle of Man Planning Scheme (Development Plan) Order 1982. As such there must be particular circumstances which justify setting aside this policy in order for this application to be approved. The applicants' desire to live in this area and the availability of mains services are, in themselves, neither unique nor sufficient to either justify setting aside the Department's well-established policies against development in such areas or to distinguish this application from the many others for development in undesignated areas.

1. The site is in a location which is considered to be unsustainable: that is where there are no local services or amenities which would enable the occupants of the new property to be other than reliant upon the private car for such amenities and services. Whilst the New Castletown Road and the public transport accessible therefrom, is less than a mile away, the road connecting the site has no pavements and has limited forward visibility for drivers of vehicles using the road. As such it is most unlikely that future occupants of the

new property would use public transport and particularly not in times of inclement weather. As such the development would fail to support the Department's aim towards sustainable development as set out in the emerging Strategic Plan.

Note: whilst the applicants have made reference to the proposal in the draft Strategic Plan which suggests that infill development may be acceptable where there are groups of at least six existing dwellings, this proposal was not accepted by the Inspector reporting on the Plan (his paragraph 8.118).

1. This decision was made by the Director of Planning and Building control in accordance with the authority delegated to him under Article 3(13) of the Town and Country (Development Procedure) Order 2005

The decision contained in this notice does not become final until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

A form and guidance notes are available from either the Planning Office, Tel 685950, or to down load from the Department's website www.gov.im/dlge/planning/plan

You should note that a copy of the Officer's report which led to the decision being made, along with any correspondence relative to the application, is available for inspection at the Department.

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