Refusal Notice 08/02198/A
Town and Country Planning Act 1999
Town and Country (Development Procedure) Order 2005
McGarrigle & Jackson 19 Mount Havelock Douglas IM1 2QG
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: Rapport Consultants Ltd Proposal: Approval in principle for the erection of two dwellings with garages at: Land Adjacent To Westham Cottages Arbory Road Castletown Isle Of Man IM9 1ND
which was considered on 15th January 2009, for the reasons set out below.
Date of Issue: 21st January 2009
Murray House Mount Havelock Douglas
Secretary to the Planning Committee
Reason(S) For Refusal:
- The site lies within an area of Woodland on both the extant Castletown Local Plan of 1991 and the draft Castletown Area Plan of 2001. As such, the erection of dwellings within this area would be contrary to the provisions of the prevailing land use document.
- Furthermore, the erection of the dwellings and access would result in the direct removal of established trees to make way for the buildings themselves, further would be lost as a result of the activity involved in the construction and thereafter, the potential for requests for tree felling as a result of the darkening effect of the trees, the inconvenience of leaf drop and birds nesting in the trees and the potential for trees falling, resulting in the diminution or loss of the woodland which would be detrimental to the appearance and character of the area and to the wildlife which it supports. This would also be contrary to Environment Policy 3 of the Strategic Plan which states that "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value". This area of trees is an important landscape feature in this built up area and may support bats which are protected under the Wildlife Act 1990. The
development would also be contrary to Environment Policy 42 which presumes against the loss of green spaces within built up areas where these contribute to the amenity of the area.
- The erection of a dwelling in place of the existing garage would remove the opportunity for off road parking for Westham Croft, Westham Lodge and Westham Cottage. Such parking has approval under the provisions of PA 08/0572.
This decision was made by the Acting Senior Planning Officer in accordance with the authority delegated to him under Article 3(13) of the Town and Country (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.
