**Document:** DEC Decision Notice **Application:** 19/00203/B — Demolition of commercial garages and related buildings and erection of 5No three storey town houses and apartment block containing twelve apartments, all with associated parking (in association with PA 19/00204/CON) **Decision:** Refused **Decision Date:** 2019-08-16 **Parish:** German **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/29995-german-4-garages-car-compound-demolition-dwelling/documents/1051601 --- # DEC Decision Notice Hugh Logan Architects The Old Chapel 32-34 Malew Street Castletown Isle Of Man IM9 1AF 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 Empire Garages Ltd, Ref 19/00203/B, for the Demolition of commercial garages and related buildings and erection of 5No three storey town houses and apartment block containing twelve apartments, all with associated parking (in association with PA 19/00204/CON) at 4 Garages And Car Compound Stanley Road Peel Isle Of Man IM5 1NY for the following reason(s): - 1. The height and mass of the apartment building and the northern elevation with its bulk and general absence of interesting features would have an adverse impact on the Conservation Area and streetscene generally, whether the viewer is close by on Cross Street or Stanley Road or further afield, contrary to Environment Policy 35 and General Policy 2b, c and g of the Strategic Plan. - 2. The height and mass of the proposed apartment building would have an adverse impact on the light and outlook available from 21, 23, 25 Christian Street, 27 and 29, Stanley Terrace, 21 and 26, Circular Road and Octagon House, Cross Street contrary to General Policy 2g of the Strategic Plan. - 3. The height and mass of the terraced building closest to 3, Stanley Road would have an adverse impact on the light and outlook from the only windows which serve the bathroom and bedroom of this property and as such the development would fail to accord with General Policy 2g of the Strategic Plan. - 4. The proposed development would not make adequate provision for car parking spaces within the building in accordance with the standards of the Strategic Plan (Appendix Seven) and there is insufficient information to demonstrate that this would not have an unacceptable impact on on-street parking and highway safety in the area. The development is therefore contrary to Transport Policy 7 and General Policy 2h of the Strategic Plan. - 5. The development does not demonstrate that it would have an acceptable impact on highway safety, through the inclusion of features within or above the public highway which are not acceptable to the highway authority and by the absence of correctly drawn visibility splays at junctions. It has not been demonstrated that there is sufficient visibility for users of the proposed garaged parking spaces for them to be used safely. The proposal is therefore contrary to Transport Policy 4 and General Policy 2h and i of the Strategic Plan. - 6. The proposal fails to make appropriate provision for affordable housing or public open space. Whilst a commuted sum towards the provision of public open space may be acceptable in this case, no details of this are provided in the application. Given the nature and location of the site, the provision of affordable housing should be made on site. It is not accepted that there are sufficient grounds not to provide this on site and as such the application fails to accord with Housing Policy 5 and Recreation Policies 3 and 4 of the Strategic Plan. Date of Issue: 16th August 2019 ## Director of Planning and Building Control Guidance Note This decision was made by the Planning Committee in accordance with the authority delegated to it. 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. --- *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/29995-german-4-garages-car-compound-demolition-dwelling/documents/1051601*