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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 Cornerstone Architects 79 Parliament Street Ramsey Isle Of Man IM8 1AQ 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 Jimmy Callow, Ref 22/01540/B, for the Creation of new vehicular access to northern end of Field 134001 at Field 134001 Bride Road Ramsey Isle Of Man for the following reason(s): 1. The Department is not satisfied that there is sufficient justification for the proposed access and sod bank alterations to warrant setting aside the presumption against development outside of areas zoned for development. Furthermore, access is available to the field utilising the three existing accesses and no agricultural justification has been made for creating a new access to the site. Therefore, the proposal is concluded to represent unwarranted development that is detrimental to the amenity of the countryside contrary to the provisions of General Policy 3, part (f) and Environmental Policy 1 of the Isle of Man Strategic Plan 2016. 2. The application site is within an Area of High Landscape or Coastal Value and Scenic Significance where it is required that new developments do not harm the character and quality of the landscape; or that the location for the development is essential. In this case, it is considered that the proposed development would unduly alter the character of this part of the countryside landscape, particularly as agricultural need has not been demonstrated and as the proposal is not of overriding national need. Therefore, the creation of a new vehicle access would result in inappropriate development in the countryside contrary to Environment Policy 2 and Strategic Policy 4 (b) of the Isle of Man Strategic Plan. 3. As no ecological information or supporting environmental information has been provided to enable the Department to ascertain the likely ecological impacts and potential mitigation measures to ensure that there are no negative impacts on the ecology of the site and surrounding areas, and to make certain that the proposal does not result in net loss of biodiversity, the proposal would undermine established policies of the Strategic Plan that seek to protect the countryside and its ecology for their own sake. This is significant because it has not been established that that there is an over-riding national need in land use planning terms for the new access which outweighs the requirement to protect these areas. In addition, the proposal would adversely impact on the existing sod banks which are significant habitat for a variety of wildlife, including commuting wildlife, and it has not been established that there is no reasonable and acceptable alternative. The proposal would therefore be contrary to Environment Policies 1 and 4 of the Strategic Plan.
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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 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.
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