**Document:** 08/01571/B Refusal Notice
**Application:** 14/01034/B — `Erection of a block of eight apartments with landscaping and parking to replace existing buildings
**Decision:** Permitted
**Decision Date:** 2015-07-28
**Parish:** Braddan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/5362-braddan-warehouse-store-lock-up-erection-block-eight/documents/1174029

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# 08/01571/B Refusal Notice

## Town and Country Planning Act 1999

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

Savage & Chadwick
Merchants House
24 North Quay
Douglas

In pursuance of powers granted under the above Act and Order the PLANNING COMMITTEE of the Department of Local Government and the Environment does hereby REFUSE the following application made on behalf of:

**Name:** McArd Homes
**Proposal:** Residential development comprising 5 townhouses, one maisonette and one apartment with associated parking and access
**at:**
Former Warehouse And Garages
Falcon Cliff Terrace Lane
Douglas
Isle Of Man
IM2 4AX

which was considered on 18th December 2008, for the reasons set out below.

**Date of Issue:** 22nd December 2008
**Murray House Mount Havelock Douglas**

**Deputy Secretary to the Planning Committee**

### Reason(S) For Refusal:

1. The proposed development would be contrary to General Policy 2 and Housing Policy 6 of the Isle of Man Strategic Plan 2007 by reason of its siting and design in that the development would be in close proximity to the rear windows of the properties of Newton Heath, Trevor, The Asters and The Shellys on Upper Dukes Road which would cause demonstrable harm to the amenities of those neighbouring properties from overshadowing, loss of light, overlooking and loss of privacy.

2. The proposed development would be contrary to General Policy 2 and Housing Policy 6 of the Isle of Man Strategic Plan 2007 in that its siting, design and layout would result in

i) an unsatisfactory living environment for the future occupiers of the dwellings due to the inadequate provision of private amenity space; and

ii) an unsatisfactory living environment for the future occupiers of the dwellings to the north west end of the site due to their close proximity to the properties of Upper Dukes Road which would overlook the new dwellings.

3. The proposed development would be contrary to General Policy 2 and Housing Policy 6 of the Isle of Man Strategic Plan 2007 in that its design, height and external appearance would result in the introduction of development out of scale, proportion and character with the locality and detrimental to the visual amenities of the locality.

This decision was made by the Planning Committee constituted in accordance with Article 3(1) of the Town and Country Planning (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/dlge/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/5362-braddan-warehouse-store-lock-up-erection-block-eight/documents/1174029*