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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 Department For Enterprise, Motorsport Team TT Grandstand, Glencrutchery Road Douglas IM2 6DA 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 Department For Enterprise, Motorsport Team, Ref 21/00961/B, for the Creation of a vehicular access at Lower Playing Field Nobles Park Adjacent To St Ninians Road Douglas Isle Of Man for the following reason(s): 1. There is no national over-riding need or rational reason demonstrated within the submission to warrant the creation of something 'temporary' which would not be introducing an element of harm (noted below thematically) to the area on a permanent basis. When cross referenced against Recreational Policy 2 of the Strategic Plan (2016), whilst the loss of open space is minimal, there has been not alternative provision explored or community benefit explored, it could be argued that it could create 'better accessibility'. However it is only for a seasonal use and not necessarily by the community on a continual basis. Also judging by the number of objections received there is little in the way of community gain. As such the proposal would not comply with Recreational Policy 2 as the principle cannot be justified and would equally fail the test of General Policy 2(a), as the land is not zoned for development and would prejudice the use of the open space that General Policy 2(k) seeks to protect. 2. The size of the proposed entrance gates and its bell mouth with macadam finish and concrete kerbs is not sympathetic to a park land setting or the character of the area and is considered over development with an adverse impact that affects the character of the setting, contrary to General Policy 2(b&c) of the Strategic Plan (2016). 3. The access would be introducing an element of development and use where presently there is none and would be considered to be read at odds with General Policy 2(g) of the Strategic Plan (2016) where the entrance use would affect adversely the amenity of local residents through the comings and goings of vehicles. 4. The use of the proposed entrance in a safe and appropriate manner would create an adverse impact on the existing highway or upon those users entering and or exiting the site contrary to the principles of General Policy 2(h&I) and Transport Policy 4 of the Strategic Plan (2016). 5. The proposed loss of trees would adversely affect the character and would detrimentally affect the public amenity value of this collection of trees where the proposals
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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 do not enhance or protect the landscape quality and nature conservation value to this site and hence the proposal is contrary to General Policy 2(c), Environment Policy 3 and Strategic Policy 4(b) of the Strategic Plan (2016). Date of Issue: 3rd February 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 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.
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