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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 Ellis Brown 12 Strathallan Crescent Queens Promenade Douglas 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 Mr Tim Luft, Ref 21/01468/B, for the Erection of 6 detached houses and associated parking at Land South Of Leyton Victoria Road Douglas Isle Of Man IM2 6AQ for the following reason(s): 1. Due to the overall density of development, layout of the individual plots, design and landscaping of buildings and the spaces around them, coupled with the quantum of development on the application site, resulting in a visual overdevelopment of the site. The scheme would also result in significant loss of trees which have public amenity value and contribute to the character of the locality. It is, therefore, considered that the development would result in detrimental impacts on the character and appearance of the area and the context of this part of Douglas, which is defined by detached buildings laid out within large plots with mature landscaping, thus failing to comply with Strategic Policy 4(b), Strategic Policy 5, General Policy 2 (b, c & f), and Environment Policy 42 of the Strategic Plan. 2. Whilst the site is within an area designated for Residential use on the Area Plan for the East, the development will result in the definite loss of a substantial number of mature trees of category B classification, as defined by BS5837:2012 on site, without adequate provision made for their replacement within the site, and would result in the removal of more mature trees and canopy cover, whilst encouraging further removal of trees, which would result in a significant adverse impact on the character and appearance of the site and area. The proposal is, therefore, contrary to General Policy 2 (f), and Environment Policies 3 and 42. 3. It has not been demonstrated that the development could be undertaken without creating significant adverse impacts on the ecology of the site or biodiversity as insufficient information has been provided to indicate how the development could be sensitively integrated on site, without resulting in net loss of biodiversity. It is therefore, considered that the intensity of the development coupled with the lack of provision made within the scheme to address biodiversity concerns would be contrary to the requirements of General Policy 2 (d), Environment Policies 4 and 5 of the Strategic Plan, as well as, Strategic Objective 3.3 Environment (b), and habitat loss action 21 of the IoM Government Biodiversity Strategy.

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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 4. The siting, height and design of Plot 2 which is proposed as part of the development would result in overbearing impacts, unacceptable overlooking and loss of privacy to the dwelling to the south (Sunny Cottage), contrary to General Policy 2 (g) of the Isle of Man Strategic Plan 2016, and the Residential Design Guide 2021. Date of Issue: 12th September 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 a Principal Planner 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.