**Document:** DEC Decision Notice
**Application:** 19/00183/B — Erection of extension to provide garage with terrace above
**Decision:** Refused
**Decision Date:** 2019-05-16
**Parish:** Lezayre
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/29987-lezayre-cooil-ushtey-extension-garage/documents/1051225

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# DEC Decision Notice

Technical Drawing Services 4 College Green Castletown Isle Of Man IM9 1BE

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to REFUSE an application by Mr Julian Askew, Ref 19/00183/B, for the Erection of extension to provide garage with terrace above at 3 Cooil Ushtey Port Lewaigue Ramsey Isle Of Man IM7 1AQ for the following reason(s):

1. The proposed development, by virtue of its siting and the creation of the open terrace/balcony located at the first floor level would adversely affect neighbouring residential amenity of the existing dwelling at No. 2 Cooil Ushtey through direct overlooking of the rear garden/amenity area, the rear conservatory and habitable windows. The proposed dwelling is therefore contrary to part (g) of General Policy 2 of the Isle of Man Strategic Plan 2016 and the Department's published Residential Design Guidance (March 2019).

Date of Issue: 16th May 2019

## Director of Planning and Building Control

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 The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Whilst a copy of the Officer’s report is included alongside this notice, any wider correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

-  Payment of a planning appeal fee as prescribed in the current Fees Order;
-  The reasons for making the appeal; and
-  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

### PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/29987-lezayre-cooil-ushtey-extension-garage/documents/1051225*
