Refusal Notice 08/01418/A

Town and Country Planning Act 1999

Town and Country (Development Procedure) Order 2005

Dalrymple Associates Ltd

Court Row Chambers

Court Row

Ramsey

IM8 1JS

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

Name: Manx Gas

Proposal: Approval in principle for the development of the site for residential and retail / commercial purposes

at: Former Gas Production And Storage Area South Quay Douglas Isle Of Man

which was considered on 16th January 2009, for the reasons set out below. Date of Issue: 19th January 2009 Murray House Mount Havelock

Douglas

Deputy Secretary to the Planning Committee

Reason(S) For Refusal:

1. The proposed development would be contrary to Strategic Policies 7 and 9, General Policy 2, Business Policies 5, 7 and 10 of the Isle of Man Strategic Plan 2007 in that:
2. The site is not zoned for retail, offices or residential purposes;
3. Insufficient evidence has been submitted to demonstrate the retail purposes would not adversely affect the vitality and viability of Douglas Town Centre, and
4. The redevelopment of the site would result in the loss of industrial land.

1. The proposed redevelopment would be contrary to Environment Policy 26 of the Isle of Man Strategic Plan 2007 in that the outline remediation strategy does not demonstrate that there is no unacceptable risk to health, property or adjacent watercourses.

1. The proposed redevelopment would be contrary to General Policy 2 of the Isle of Man Strategic Plan 2007 in that the outline remediation strategy proposes hardstanding and hard landscaping across much of the site surface, which would create a poor residential

environment for future occupiers of the residential units and would result in a poor form of development to the detriment of the visual amenities of the locality.

1. The proposed redevelopment for residential purposes would be contrary to General Policy 2 and Environment Policy 24 of the Isle of Man Strategic Plan 2007 in that it is impossible to conclude that the noise mitigation measures are acceptable for the development as no detailed layout plans or detailed mitigation proposals have been submitted for consideration.
2. The indicative layout would be contrary to Recreation Policy 3 of the Isle of Man Strategic Plan 2007 in that the development does not provide adequate open space provision within the proposed layout. In the absence of details showing how the required level of on-site open space could be provided, and bearing in mind the known ground contamination issues, the Planning Authority is not satisfied that the proposed development could accommodate the required level of open space.
3. The proposed redevelopment would be contrary to General Policy 2 and Housing Policy 6 of the Isle of Man Strategic Plan 2007 in that the piecemeal development of the site and the industrial/commercial nature of the surrounding uses would result in a poor outlook and general environment for future occupiers of the new apartments.

This decision was made by the Planning Committee constituted in accordance with Article 3(1) of the Town and Country Planning (Development Procedure) Order 2005.

Guidance Note

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 download from the Department's website www.gov.im/ dlge/planning/plan/applications/decision.xml

A copy of the Officer's report, which led to this decision, is attached for reference. This report, together with correspondence relative to the application, is available for inspection by anyone wishing to view it at the Department.