**Document:** Refusal Decision Notice 12/01316/B
**Application:** 12/01316/B — Creation of new vehicular access and erection of front wall (Retrospective)
**Decision:** Refused
**Decision Date:** 2013-03-14
**Parish:** Lezayre
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/3621-lezayre-sarahs-cottage-ballasloe-cornaa-wall-retrospective/documents/1171584

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# Refusal Decision Notice 12/01316/B

Penketh - Millar
23 West Quay
Ramsey
Isle of Man
IM8 1DL

## Town and Country Planning Act 1999

### The Town and Country Planning (Development Procedure) Order 2005

On 11th March 2013, and in pursuance of powers granted under the above Act and Order, the Department of Infrastructure determined to **REFUSE** planning application **12/01316/B** by Mr & Mrs Timothy Rand for the creation of new vehicular access and erection of front wall (Retrospective) at Sarah’s Cottage Ballasloe Cornaa Ramsey Isle of Man IM7 1EH for the following reason(s):

1. Due to the size and style of the walling, the development is unduly obtrusive and over elaborate for the purpose it is intended for, and judged to be out of keeping within the locality and as such would be detrimental to the amenities of the area contrary to General Policy 3, Environment Policy 1 and Environment Policy 2 of the Isle of Man Strategic Plan 2007.

2. The proposed walling would conflict with vehicular and highway safety as the walling measures above 1 metre within the visibility splay and as such would conflict and obstruct the drivers vision exiting the application site which poses a detrimental impact on highway safety. In addition no evidence has been put forward by the applicant to demonstrate that the erected wall would not cause any visibility issues along the whole length of the approved splays of 2.4 x 43.2 metres.

3. Sod hedges are a feature of the locality. The previous approval expressly sought to maintain the sod hedge as a boundary and its loss is considered to be detrimental to the character and appearance of the area contrary to Policies EP1 and EP2 of the Strategic Plan 2007.

Date of Issue: 14th March 2013

M Gallagher
Director of Planning and Building Control
**Guidance Note**

This decision was made by the Planning Committee in accordance with the authority delegated to it.

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.

An appeal 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

Please note that a copy of the Officer’s report which led to the decision (copy enclosed), together with correspondence relative to the application, are available for inspection at the Department.

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.

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.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF
Tel (01624 685950) email; planning@gov.im

12/01316/B

The current planning application was recommended for refusal and was brought before Planning Committee on 11th March 2013 for consideration.

The planning application was presented and the Planning Committee members discussed the application and it was unanimously refused.

It was discussed that an additional reason for refusal should be added to reflect the loss of the Manx Sod hedge that has been replaced with the walling.

It was agreed that the third reason for refusal should read as below:

R 3.

Sod hedges are a feature of the locality. The previous approval expressly sought to maintain the sod hedge as a boundary and its loss is considered to be detrimental to the character and appearance of the area contrary to Policies EP1 and EP2 of the Strategic Plan 2007.

m mchog
11/03/2013

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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/3621-lezayre-sarahs-cottage-ballasloe-cornaa-wall-retrospective/documents/1171584*