**Document:** March 2006 Refusal Notice
**Application:** 05/01892/B — Application for plots, roads and sewers forming new residential development comprising 22 units
**Decision:** Refused
**Decision Date:** 2006-03-09
**Parish:** Patrick
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/79271-patrick-land-including-fields/documents/1454039

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# March 2006 Refusal Notice

## Town and Country Planning Acts, 1934 - 1991

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

Cornerstone Architects
79, Parliament Street,
Ramsey
IM8 1AQ

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:** Migrah Foxdale Ltd
**Proposal:** Application for plots, roads and sewers forming new residential development comprising 22 units
**at:** Land Including Fields 334281 And 334282 Adjacent To
Springfield Terrace
Foxdale
Isle Of Man

which was considered on 3 March 2006, for the **reasons** set out below.

**Date of Issue:** 9 March, 2006
**Murray House Mount Havelock Douglas**
*Secretary Planning Committee*
*(Signature: M. Havelock)*

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### Reasons For Refusal:

1. The proposed development is not acceptable on the basis that:

a) the demolition of "Lilybank" would result in the loss of an historically important building and one which is listed as having potential for Registration in the Foxdale Local Plan;
b) the scheme fails to make provision for a satisfactory amount of open space: the draft Strategic Plan recommends that on the basis of the development proposed (10 three bed and 12 two bed) somewhere in the region of 2432 square metres of open space should be provided. Whilst some of this requirement could be provided where the mound is to be removed, this is not shown in the submitted plans.

c) the visibility available to drivers emerging from the site onto Kionslieau Hill is not adequate to serve the development
d) the proposal fails to make adequate provision for the softening of the north eastern part of the site in accordance with the requirements of the Foxdale Local Plan (paragraph 3.50).

In addition, the plans are silent in respect of the future use of that part of the site on which the mound is presently situated.

2. The application contains no information regarding the possible contamination of the site as required by the development brief in the Foxdale Local Plan (paragraph 3.50 (2). The mound is likely to contain contaminated material and may be formed from material taken from a shaft which may also be within the site. No information is provided as to how contaminated material will be dealt with nor how the site will be made safe after the mound is removed.

NOTE The development by virtue of the layout and orientation of the properties, would appear to make little or no provision for solar gain or maximising the opportunities for renewable energy and/or energy saving and efficiency.

NOTE 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/79271-patrick-land-including-fields/documents/1454039*