**Document:** Planning Refusal Notice
**Application:** 07/01329/R — Retention of fence and access
**Decision:** Refused
**Decision Date:** 2007-10-02
**Parish:** Michael
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/83535-ballaugh-the-bungalow/documents/1505542

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# Planning Refusal Notice

## Town and Country Planning Act 1999

## Town and Country (Development Procedure) Order 2005

Mr R C Griffiths
The Bungalow
Main Road
Ballaugh
Isle Of Man
IM7 5ED

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

Name: Mr R C Griffiths
Proposal: Retention of fence and access
at: The Bungalow
Main Road
Ballaugh
Isle Of Man
IM7 5ED

which was considered on 28th September 2007, for the reasons set out below.

Date of Issue: 2nd October 2007

Murray House
Mount Havelock
Douglas

## Reasons For Refusal:

1. The applicant has not demonstrated that there is sufficient need to justify the creation of an additional vehicular access. Additionally, the fencing/gate has introduced an unduly prominent and incongruous feature into the locality, to the detriment of the landscape which is zoned within an area of High Landscape or Coastal Value and Scenic Significance contrary to Planning Policy.

NOTE Within one calendar month of the date of this decision becoming final, a scheme for reinstatement of the sod banking to restore the appearance of the front boundary is to be submitted and approved by the Authority.

Once approved the applicant has two months to carry out these works which include the removal of the gate and part of the fence.

NOTE In the interest of clarity, part of the fencing within this submission does not require planning permission, due to Permitted Development rights. This refusal relates only to the fencing/gate which projects forward of the front wall of the dwelling (south elevation).

This decision was made by the Planning Committee constituted in accordance with Article 3(1) of the Town and Country Planning (Development Procedure) Order 2005.

### 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

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/83535-ballaugh-the-bungalow/documents/1505542*