**Document:** DEC Decision Notice **Application:** 22/00157/B — Creation of a lower ground floor apartment **Decision:** Refused **Decision Date:** 2022-03-30 **Parish:** Braddan **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/8601-braddan-atholville-3/documents/947182 --- # DEC Decision Notice McGarrigle Architects Ltd 19 Mount Havelock Douglas Isle Of Man IM1 2QG 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 Dolphin Investments Limited, Ref 22/00157/B, for the Creation of a lower ground floor apartment at Atholville 3 - 4 Castle Drive Douglas Isle Of Man IM2 4LX for the following reason(s): 1. Given the road level/boundary wall height and the level of the basement it is not considered the proposed basement level apartment would have a "pleasant clear outlook, particularly from the principal room" as required by Housing Policy 17 and in fact would result in a very dark, oppressive and with no pleasant or clear outlook for future occupants. Accordingly, the proposal would be contrary to Housing Policy 17 and General Policy 2 (h) which requires residential properties to "Provides satisfactory amenity standards in itself…". Date of Issue: 30th March 2022 ## Director of Planning and Building Control Guidance Note This decision was made by the Head of Development Management 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. --- *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/8601-braddan-atholville-3/documents/947182*