**Document:** Refusal Decision Notice
**Application:** 06/00402/B — Demolition of existing dwelling and erection of two detached mews type dwellings, one with integral garage
**Decision:** Refused
**Decision Date:** 2006-05-18
**Parish:** Rushen
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/80523-rushen-braeside-demolition-garage/documents/1219841

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# Refusal Decision Notice

## Town and Country Planning Act 1999

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

M P Associates Ltd
Salisbury House
Victoria Street
Douglas
IM1 2LW

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

**Name:** Forest Homes Ltd
**Proposal:** Demolition of existing dwelling and erection of two detached mews type dwellings, one with integral garage
**at:** Braeside
Loch Road
Port St. Mary
Isle Of Man
IM9 5EB

which was considered on 12 May 2006, for the **reasons** set out below.

**Date of Issue:** 18 May, 2006
**Murray House Mount Havelock Douglas
*Secretary Planning Committee*

### Reasons For Refusal:

1. Whilst the proposed development proposes fewer windows in the rear elevation than was proposed in the previous application, PA 04/1676 and as such has less of an impact on the privacy of these properties, the proposed buildings are basically the same size and shape as those refused in the previous application where the Inspector commented that "Of particular concern are the views from the west and south where the front elevation would be the dominant influence. Given the single storey nature of development on either side of the appeal site I find the proportions of the main three storey elevation particularly jarring and incongruous. They would appear as tall and narrow elements that have no harmonious visual relationship to their surroundings in terms of proportion or building mass. This disharmony is made all the sharper by the stepping down to the garages. I consider the impact on the street scene unacceptable". Whilst the buildings now proposed benefit from stonework and more interesting detailing on the front elevation, the same criticisms still apply regarding the height and massing of the buildings and their impact on the streetsce

2. The proposed buildings would also adversely affect the amenities and outlook of 5 and 6, The Quay: this aspect of the scheme is similar to the previous application where the Inspector notes "I judge that the objection is not one of potential overlooking but of the overbearing nature of the tall building immediately adjoining the lower, small rear patio which forms the only external amenity space for that dwelling [number 7]."

NOTE 1. There is a discrepancy in the plans in that the floor plans show a room at second floor level above the garage which appears in the elevations to have only two floors - ground and accommodation in the roofspace.

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

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 down load from the Department’s website www.gov.im/dlge/planning/plan

You should note that a copy of the Officer’s report which led to the decision being made, along with any correspondence relative to the application, is available for inspection 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/80523-rushen-braeside-demolition-garage/documents/1219841*