**Document:** Decision Notice
**Application:** 18/00758/A — Approval in principle for erection of two dwellings with new vehicular access
**Decision:** Refused
**Decision Date:** 2018-09-04
**Parish:** German
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/11870-german-2-ballacraine-cottages-st-dwelling-outline/documents/985601

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# Decision Notice

Kinrade Associates Limited 3 The Courtyard Water Street Ramsey

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to REFUSE an application by Estate Of The Late Mrs Mary Quayle, Ref 18/00758/A, for the Approval in principle for erection of two dwellings with new vehicular access at Land Adjacent To 2 Ballacraine Cottages Ballacraine St Johns Isle Of Man for the following reason(s):

- 1. It has not been demonstrate that the development would be able to provide visibility splays to the required standard (2.4m by 70m in each direction measured from no more than 0.5m into the carriageway), taking into account the presence of parked vehicles. The proposal would therefore be contrary to General Policy 2h and i of the Strategic Plan 2016.
- 2. The development will result in the definite loss of all but one of the trees on site as shown in the submitted plans which would be a significant and adverse impact on the character and appearance of the area as well as on the ecology of the site, including bats which are known to be within the area, and which are protected under Environment Policy 4 of the Strategic Plan and the Wildlife Act 1990. The proposal is therefore contrary to General Policy 2b, c, and f.
- 3. It has not been demonstrated that the development could be undertaken, particularly the proposed access which will involve raising the level of part of the site, without adversely affecting the survival and health of the large elm which is shown to be retained. This tree contributes significantly and positively to the character of the area as well as to bats which are known to use the area and which are protected under Environment Policy 4 of the Strategic Plan and the Wildlife Act 1990. The proposal is therefore contrary to General Policy 2b, c and f of the Strategic Plan.

Date of Issue: 4th September 2018

## Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Whilst a copy of the Officer’s report is included alongside this notice, any wider correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

-  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2016 (currently £175);
-  The reasons for making the appeal; and
-  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

### PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.

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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/11870-german-2-ballacraine-cottages-st-dwelling-outline/documents/985601*