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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 M P Associates Ltd 12 Strathallan Crescent Douglas Isle Of Man IM2 4NR 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 JM Project Management Ltd, Ref 21/00796/B, for the Creation of new vehicle access, erection of boundary fence and landscaping at Close Jairg Beg Old Church Road Crosby Isle Of Man IM4 2HA for the following reason(s): 1. There is insufficient reason demonstrated within the submission to warrant the creation of the access which would be introducing an element of harm to the character of the area. The application also seeks to alter part of the sod bank, which does not have a net benefit to the area. As such, the proposal would not comply with Environment Policy 1, General Policy 3, and the Manual for Manx Roads, as the principle cannot be justified and as the land is not zoned for development. 2. The proposed loss of trees and the potential for further tree loss would detrimentally affect the public amenity value of this collection of trees given that the proposals do not enhance or protect the landscape quality and nature conservation value to this site. Therefore, it is considered that the scheme as proposed would adversely impact registered trees and a registered tree area contrary to Environment Policy 3, General Policy 2(c and f), and Strategic Policy 4(b) of the Strategic Plan (2016). 3. The application includes insufficient information to properly judge the arboricultural impact of the grade changes and landscaping, as well as the impacts of the new access to be created through the Registered Tree Area. The application also does not show how the grade changes and landscaping could be implemented without having a detrimental impact on the health and longevity of adjacent retained trees, and does not show how this impact will be mitigated. Therefore, it is, considered that the scheme as proposed would be averse to the requirements of Environment Policy 3, and General Policy 2 (f). 4. In the absence of clear justification for the proposed development, the proposed access and levelling works would considerably alter the character of this part of the countryside with protected trees, established sod bank and semi-natural grassland habitat, in conflict with the Landscape Character Appraisal for Braaid (D10) contained within the Area Plan for the East - which refers to the need to conserve and enhance the character, quality and distinctiveness of the well treed valley with some scattered and nucleated settlements. In addition, the development would be contrary to Environment Policies 1 and General Policy 3 which protect the countryside for its own sake and where the protection of

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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 the character of the landscape will be the most important consideration and as the development is not recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative. 5. The new access would be at a point along the road where it would cut through a designated on-street parking area and the only pedestrian walkway along the road, with potential to increase the risk of delays and accidents at this point and is not considered safe for either the applicant or other road users. This would be contrary to Transport policies 4 and 6, and General Policy 2 (h & i) of the Strategic Plan 2016. Date of Issue: 24th June 2022 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 £305); 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 £115). 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.