**Document:** Refusal Decision Notice
**Application:** 11/00426/C — Change of use of existing ancillary accommodation to a dwelling
**Decision:** Refused
**Decision Date:** 2011-05-16
**Parish:** Braddan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/778-braddan-46-ballachurry-dwelling-change-of-use/documents/1162648

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# Refusal Decision Notice

## Town and Country Planning Act 1999

## Town and Country (Development Procedure) Order 2005

M P Associates Ltd
12 Strathallan Crescent
Douglas
Isle of Man
IM2 4NR

In pursuance of powers granted under the above Act and Order the Department of Infrastructure does hereby REFUSE the following application made on behalf of:

**Name:** Mr Neal Antony Clague
**Proposal:** Change of use of existing ancillary accommodation to a dwelling
at:
46 Ballachurry Avenue
Onchan
Isle of Man
IM3 4BB

which was considered on 11th May 2011, for the reasons set out below.

**Date of Issue:** 16th May 2011

Murray House
Mount Havelock
Douglas

Mrs P Faragher
Deputy Secretary to the
Planning Committee

## Reason(S) For Refusal:

1. The proposed development would constitute unacceptable backland development. It is concluded that the application site could not be developed in a manner that provided acceptable private amenity for itself and would not adversely affect the existing private amenity of 46 Ballachurry Avenue. As such, the proposed development fails to satisfy parts (g) and (h) of General Policy 2 and represents inappropriate backland development contrary to Environment Policy 42 of the Isle of Man Strategic Plan 2007.

2. The proposed development fails to demonstrate that safe and convenient vehicular access can be achieved from the highway to the application site and 46 Ballachurry Avenue. As such, the proposal fails to satisfy parts (h) and (i) of General Policy 2 and provides further evidence that the proposed development is inappropriate backland development contrary to Environment Policy 42 of the Isle of Man Strategic Plan 2007.

This decision was made by the Director of Planning and Building Control in accordance with the authority delegated to him under Article 3(13) of the Town and Country (Development Procedure) Order 2005.

## Guidance Note

The decision contained in this notice does not become final until either;
- The time for requesting an appeal has expired; or
- Any appeal has been determined;

Whichever is the later.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department’s website www.gov.im/transport/planning/plan/applications/decision.xml

A copy of the Officer’s report, which led to this decision, is attached for reference. This report, together with correspondence relative to the application, is available for inspection by anyone wishing to view it at the Department.

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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/778-braddan-46-ballachurry-dwelling-change-of-use/documents/1162648*