**Document:** Refusal Notices 04/02520/A **Application:** 04/02520/A — Approval in principle for the erection of detached dwelling with garage and shared vehicular access **Decision:** Refused **Decision Date:** 2005-05-06 **Parish:** Malew **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/77515-malew-gate-lodge-bayrauyr-road-dwelling-outline/documents/1434063 --- # Refusal Notices 04/02520/A ## Town and Country Planning Acts, 1934 - 1991 ### Isle of Man Planning Scheme (Development Plan) Order 1982 Savage & Chadwick Merchants House 24 North Quay Douglas 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 & Mrs Brearley **Proposal:** Approval in principle for the erection of detached dwelling with garage and shared vehicular access **at:** Land Adjacent To The Gate Lodge Bayrauyr Road St. Marks Ballasalla which was considered on 1 July 2005, for the reasons set out below. **Date of Issue:** 12th July, 2005 **Murray House Mount Havelock Douglas** Secretary Planning Committee ### Reasons For Refusal: 1. The site is not designated for development on the 1982 Development Plan Order. Rather it is designated for Open Space and where there have been decisions to refuse development in the vicinity, eg. 90/1855, 94/0004, 94/1275 and 00/1041. As such, the development of a dwelling on the site would be a departure from the development plan approved by Tynwald and would establish a precedent for further unwarranted development in this part of the Island's countryside. 2. This review has been considered by the Planning Committee on written evidence. Any additional submissions not previously circulated to interested parties are enclosed herewith. Note 1: The decision contained in this notice does not become final until:- - 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 appeal against the decision of the planning committee are attached. Note 3: An appeal may be requested within a period of 21 days. ## Town and Country Planning Acts, 1934 - 1991 ### Isle of Man Planning Scheme (Development Plan) Order 1982 Savage & Chadwick Merchants House 24 North Quay Douglas 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 & Mrs Brearley **Proposal:** Approval in principle for the erection of detached dwelling with garage and shared vehicular access **at:** Land Adjacent To The Gate Lodge Bayrauyr Road St. Marks Ballasalla which was considered on 22 April 2005, for the reasons set out below. **Date of Issue:** 6 May, 2005 **Murray House Mount Havelock Douglas** *Secretary Planning Committee* ### Reasons For Refusal: 1. The site is not designated for development on the 1982 Development Plan Order. Rather it is designated for Open Space and where there have been decisions to refuse development in the vicinity, eg. 90/1855, 94/0004, 94/1275 and 00/1041. As such, the development of a dwelling on the site would be a departure from the development plan approved by Tynwald and would establish a precedent for further unwarranted development in this part of the Island's countryside. 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. --- *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/77515-malew-gate-lodge-bayrauyr-road-dwelling-outline/documents/1434063*