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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 AH Grace Ltd Mr Andrew Henderson 32 Cronk Avenue Onchan IM3 3DF 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 Scott Wilson, Ref 22/01428/A, for the Erection of detached dwelling to the rear of No. 11 Ballanard Road, New Dwelling to be serviced via Terance Avenue at 11 Ballanard Road Douglas Isle Of Man IM2 5HP for the following reason(s): 1. Due to the overall density of development, layout of the site, design and landscaping of the building and the spaces around them, coupled with the quantum of development on the broader site area, it is considered that the proposal would result in a visual overdevelopment of the site. The scheme would also result in significant loss of an established green corridor which has public amenity value and contributes to the character of the site and locality. It is, therefore, considered that the development would result in a particularly noticeable intrusive backland development within the site when viewed from the surrounding area, and would have a deleterious impact on the application site and 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 curtilages with mature landscaping, thus failing to comply with Environment Policy 42, General Policy 2 (b, c, f & g), and Strategic Policy 3(b) of the Strategic Plan. 2. Due to the separating distance between the new dwelling and existing dwelling at Creggan Ashen, 11 Ballanard Road, the position of new fenestrations to habitable rooms on the proposed dwelling, and the nature of boundary treatment between both properties, it is considered that there would be unacceptable levels of overlooking from the first floor rear bedroom windows of the existing dwelling at Creggan Ashen, 11 Ballanard Road, resulting in significant adverse impacts upon the residential amenities of the occupants of the new dwelling, contrary to General Policy 2 (g) of the IOM Strategic Plan 2016 and the principles set out in the Residential Design Guide. 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 it has not been established that the recommended ecological mitigation could be secured as conditions of approval. The development would also result in the loss of a significant section of the existing green corridor on this part of the locality which has ecological and environmental benefits for the microclimate and biodiversity. It is therefore, considered that the intensity of the development coupled with the inability to implement all recommended mitigation measures for the development within the current scheme to address biodiversity

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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 concerns would be contrary to the requirements of General Policy 2 (d), Strategic Policy 4 (b) of the Strategic Plan, as well as Strategic Objective 3.3 Environment (b), and habitat loss action 21 of the IoM Government Biodiversity Strategy. 4. Whilst the site is within an area designated for Residential use on the Area Plan for the East, the development will result in the loss of a mature tree on site, with potential to impact on tree root areas for neighbouring trees, without adequate provision made for their protection and replacement planting within the site, whilst encouraging further removal of trees, resulting in significant adverse impacts on the character and appearance of the site and area. The proposal is, therefore, contrary to General Policy 2 (f) and Environment Policy 3. Date of Issue: 16th June 2023 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 £335); 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 £125). 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 (should one have been received) 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.