**Document:** DEC Decision Notice
**Application:** 22/01152/B — Erection of oak timber frame car port over the existing hardstand area at land between The Nook & Riverside House
**Decision:** Refused
**Decision Date:** 2022-11-23
**Parish:** Malew
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/9377-malew-land-between-nook-garage/documents/956506

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# DEC Decision Notice

Cornerstone Architects Limited 79 Parliament Street Ramsey IM8 1AQ

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 Mr Kevin Bott, Ref 22/01152/B, for the Erection of oak timber frame car port over the existing hardstand area at land between The Nook & Riverside House at Land Between The Nook & Riverside House Crossag Road Ballasalla Isle Of Man IM9 3EE for the following reason(s):

- 1. By reason of the size, scale, height, overall massing and positioning along the road the proposal is considered to result in an unacceptable and incongruous feature in the streetscene and one which detracts and adversely impacts the character and appearance of the Conservation Area. The application is considered to fail Section 18 of The Act, Environment Policy 35 and General Policy 2 (b, c, g) of the IOM Strategic Plan 2016 and to go against the principles of PPS 1/01.
- 2. By reasons of its size, scale, height overall massing and position close to the neighbour also result in an unacceptable and unneighbourly overbearing impact on the living conditions of The Nook. The application is considered to fail the tests of General Policy 2 (g) and to fail the principles of Section 7 of the Residential Design Guide 2021.

Date of Issue: 23rd November 2022

Director of Planning and Building Control

Guidance Note

This decision was made by a Principle Planner 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 £305); 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 £115).

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/9377-malew-land-between-nook-garage/documents/956506*