**Document:** Refusal Notice 04/01676/B
**Application:** 11/01206/B — Demolition of existing property and replacement with two semi detached dwellings with integral garages
**Decision:** Application Withdrawn
**Decision Date:** 2013-01-08
**Parish:** Rushen
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/3587-rushen-braeside-replacement-demolition/documents/1281837

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# Refusal Notice 04/01676/B

## 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 Infrastructure does hereby REFUSE the following application made on behalf of:

Name: Forest Homes Ltd
Proposal: Construction of two mews houses with integral garages
at: Braeside
Loch Road
Port St. Mary
IM9 5EB

which was considered on 2nd December 2004, for the reasons set out below.

Date of Issue: 29th December 2004

Murray House
Mount Havelock
Douglas

## Reason(S) For Refusal:

1. Whilst it is noted that the number of residential units has been reduced compared to previous applications, the proposal to replace the existing dwelling with two semi detached properties is judged to be an inappropriate form of development on this site.

The development would have a greater mass than the existing dwelling and cover more of the site. Whilst the roofs of the garages are stepped below the main ridge, there would be an increase in the number of windows at the rear compared to the existing. Given the proximity of the development to the properties to the rear of the site, particularly Number 5 and Number 6, The Quay, the proposed development would have an overbearing impact on these dwellings; there would be overlooking of existing yard areas, and the development would introduce a greater opportunity for mutual overlooking and loss of privacy. The development would thus be unneighbourly and generally detrimental to residential amenity.

2. The existing dwelling is attractive, and traditional in appearance and makes a positive contribution to the character and appearance of the streetscene. Its replacement with two dwellings as proposed by reason of their appearance and detailing would fail to enhance the appearance of the streetscene which forms part of the historic fabric of Port St Mary.

This review has been considered by the Planning Committee on written evidence. Any additional submissions not previously circulated to interested parties are enclosed herewith.

### 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/3587-rushen-braeside-replacement-demolition/documents/1281837*