**Document:** Planning Approval and Refusal Notices
**Application:** 04/02577/B — Erection of detached garage and garden store and change of use to domestic garden and alterations to existing entrance on to highway
**Decision:** Refused
**Decision Date:** 2005-04-14
**Parish:** Malew
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/77449-malew-field-421038-adjacent-garage-change-of-use/documents/1432907

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# Planning Approval and Refusal Notices

## Town and Country Planning Acts, 1934 - 1991

### Isle of Man Planning Scheme (Development Plan) Order 1982

Mr A Mackintosh & Miss K Bruce
Highmoor
Main Road
Colby
IM9 4AE

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

**Name:** Mr A Mackintosh & Miss K Bruce
**Proposal:** Erection of detached garage and garden store and change of use to domestic garden and alterations to existing entrance on to highway,
**at:** Field 421038, Adjacent To Highmoor
Main Road
Colby
Castletown

which was considered on 7 October 2005, subject to compliance with the conditions specified below.

**Date of Issue:** 17 October, 2005
**Murray House Mount Havelock Douglas**

Secretary Planning Committee

### Schedule Of Conditions:

1. This approval relates to the erection of a garage/store, driveway, amended access and the use of the site as a garden all as shown in the location/site plan received on 14th December 2004 and the amended plan reference “sheet 1 of 1 Rev B” received on 12th August 2005.

2. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

3. Prior to the commencement of works on the garage and driveway, the existing gate pillar alongside the modified access must be removed and the access altered as shown in "sheet 1 of 1B" received on 12th August 2005.

4. Notwithstanding the provisions of the Permitted Development Order, no structure may be erected within the area defined in red without the prior permission of the Planning Authority.

5. There must be no discharge of surface water to the main foul sewer.

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

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Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, bylaw, order or regulation.

Note 2: No works may be commenced until such time as -
- the time for requesting an appeal in relation to the decision has expired; or
- any appeal has been completed.

Note 3: Rights of the appeal against the decision of the planning committee are attached.

Note 4: An appeal must be requested within a period of 21 days.

## Town and Country Planning Acts, 1934 - 1991

### Isle of Man Planning Scheme (Development Plan) Order 1982

Mr A Mackintosh & Miss K Bruce
Highmoor
Main Road
Colby
IM9 4AE

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

**Name:** Mr A Mackintosh & Miss K Bruce
**Proposal:** Erection of detached garage and garden store and change of use to domestic garden and alterations to existing entrance on to highway,
at:
Field 421038, Adjacent To Highmoor
Main Road
Colby
Castletown

which was considered on 1 April 2005, for the reasons set out below.

Date of Issue: 1st April, 2005

Murray House
Mount Havelock
Douglas

Secretary Planning Committee
*(Signature)*

### Reasons For Refusal:

1. The proposed garages and store, and the change of use to domestic garden, would detract from the important gap that this open space provides between residential areas to the detriment of the appearance and character of the area, and contrary to policies ENC/P/2 and policy C/P/1 in the Arbory and East Rushen Local Plan.

2. This decision was made by the Planning Committee constituted in accordance with Paragraph 2 of Schedule 1 of the Isle of Man Planning Scheme (Development Plan) Order 1982.

Note 1: The decision contained in this notice does not become final until:-
- the time for requesting a review of the initial decision has expired; or
- any review of the initial decision has been completed; or
- the time for requesting an appeal in relation to any decision at review has expired; or
- any appeal has been completed.

Note 2: Rights of review against the decision are attached.

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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/77449-malew-field-421038-adjacent-garage-change-of-use/documents/1432907*
