**Document:** DEC Decision Notice
**Application:** 19/01094/B — Erection of a detached dwelling and associated detached garage
**Decision:** Refused
**Decision Date:** 2019-12-09
**Parish:** Michael
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/29993-kirk-michael-stables-rear-of-garage-dwelling/documents/1051396

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# DEC Decision Notice

Partington Nixon & Kinrade 19 Peel Road Douglas Isle Of Man IM1 4LS

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 Nordwest Ltd, Ref 19/01094/B, for the Erection of a detached dwelling and associated detached garage at Stables Rear Of Cooil Avenue Kirk Michael Isle Of Man for the following reason(s):

- 1. It is considered that the provisions for access including manoeuvring space and visibility of and for vehicles emerging from the site are so poor as to be detrimental to highway safety and the application is recommended for refusal on this basis, contrary to General Policy 2 h and i.
- 2. The development, by virtue of its height and proximity to the rear boundaries of existing dwellings would adversely affect the living conditions of those in adjacent property, particularly Thie my Chree, contrary to General Policy 2g and k.

Date of Issue: 9th December 2019

## Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management 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/29993-kirk-michael-stables-rear-of-garage-dwelling/documents/1051396*