**Document:** DEC Decision Notice
**Application:** 20/01390/B — Erection of 3 detached dwellings
**Decision:** Refused
**Decision Date:** 2022-01-07
**Parish:** Malew
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/8061-malew-arbory-vicarage-main-road-ballabeg-dwelling/documents/938255

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# DEC Decision Notice

Ellis Brown 12 Strathallan Crescent Queens Promenade Douglas IM2 4NR

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act, and subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Marbeg Properties Limited, Ref 20/01390/B, for the Erection of 3 detached dwellings at Land Adjacent To Arbory Vicarage Main Road Ballabeg Castletown Isle Of Man IM9 4EE for the following reason(s):

- 1. Whilst the site is within an area designated for Residential use on the Area Plan for the South, the development will result in the definite loss of a number of the trees on site as shown in the submitted plans, which would result in a significant adverse impact on the character and appearance of the site and area. The proposal is therefore contrary to General Policy 2b, c, and f, Environment Policy 3 and Environment Policy 42.
- 2. It has not been demonstrated that the development could be undertaken without creating further pressure on trees which are shown to be retained on the site. The intensity of the development would result in additional pressures on the retained trees and would impede future attempts to integrate additional tree-planting designed not only to soften the impact of the development, but also to enhance the landscape, contrary to the character of the locality; considering the trees contribute significantly and positively to the character of the area. The proposal is therefore contrary to Landscape Proposal 16 of the Area Plan for the South, General Policy 2 (b, c and f), and Environment Policy 3 of the Strategic Plan.
- 3. The proposed dwellings would, by virtue of their siting, form, landscaping of buildings and the spaces around them, and scale of development on the application site, result in a visual overdevelopment of the site, and would create a visual amalgamation of the dwellings on the broader site area when viewed from the A7, contrary to General Policy 2b, Environment Policy 42 and Strategic Policy 3b.

Date of Issue: 7th January 2022

## Director of Planning and

## Building Control

Guidance Note

This decision was made by the Director of Planning and Building Control in accordance with the authority delegated to them.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

- • the grounds for making the appeal;
- • payment of the planning appeal fee (currently £295); and if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £110).

Where the appeal is submitted by the applicant they must:

- • specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
- • Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance.

If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.

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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/8061-malew-arbory-vicarage-main-road-ballabeg-dwelling/documents/938255*