**Document:** Original Refusal Decision Notice
**Application:** 09/01845/B — Erection of a garden room/store to replace existing outbuilding (comprising amendments to PA 09/01148B)
**Decision:** Permitted
**Decision Date:** 2010-01-08
**Parish:** Braddan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/64241-east-baldwin-ballawyllin-beg-replacement-outbuilding/documents/1392830

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# Original Refusal Decision Notice

## Town and Country Planning Act 1999

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

Mr W B Vannan<br>Cronk Na Quill<br>Old Laxey Hill<br>Laxey<br>IM4 7DA

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:
Proposal:
at:

Mr David Crowe<br>Erection of industrial units and associated services at<br>Field Adjacent To<br>Field 434711<br>Stoney Mountain Road<br>Eairy<br>Isle Of Man

which was considered on 22nd February 2010, for the reasons set out below.
Date of Issue: 25th February 2010
Murray House
Mount Havelock
Douglas

### Reason(S) For Refusal:

1. The site is not designated for development on the Isle of Man Planning Scheme (Development Plan) Order 1982. Whilst exceptions to this may be made, as set out in General Policy 3 of the Strategic Plan, it is not considered that the proposal satisfies any of these criteria and as such, the proposed development would be unwarranted and would represent an unfortunate precedent for further development in the countryside, contrary to Environment Policy 1 of the Strategic Plan.
2. The access and the highway network serving the site are not considered suitable to accommodate the additional traffic which would be generated by the proposed development, both in terms of the access from the lane onto Stoney Mountain Road and the width, alignment and character of Stoney Mountain Road and the properties which abut it.

Note

It should be noted that the planning permission which was granted for the erection of an industrial building under PA 08/0764 was based upon the evidence of the applicant's agent that the site was already being used for the storage of material, which would ultimately be stored in the building which was proposed to be built.

Note

There is land within Foxdale which is identified as suitable for Industrial use and which is not developed or occupied. As such, the development of this site would undermine the provisions of the Foxdale Local Plan and the principle of containment of development close to and within in established centres (Spatial Policies 3, 4, 5 of the Strategic Plan).

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

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**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.

09/01945/B

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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/64241-east-baldwin-ballawyllin-beg-replacement-outbuilding/documents/1392830*