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Penketh-Millar Mr Chris Penketh 23 West Quay Ramsey Isle Of Man IM8 1DL
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 Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Mr & Mrs David Pearce, Ref 23/00306/B, for the Proposed variation of condition of approval No 1 to P.A. 19/00778/B, for an extension of time, proposed conversion and extension to outbuilding to create a residential dwelling at Former Barn To The Rear Of The Auburns 19 Lezayre Road Ramsey Isle Of Man .
Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
The development must be carried out in accordance with the recommended flood resilience measures stipulated in the updated Flood Risk Assessment, unless otherwise agreed in writing by the Department.
Reason: To safeguard the amenities of prospective occupiers and to ensure the development complies with Environment Policy 10 & 13 of the Strategic Plan.
implementation. The development shall not be carried out unless in accordance with the approved details.
Reason: In the interest of biodiversity within the site.
This decision relates to the submitted documents and drawings received 26 March 2023, Flood Risk Assessment Received 1 June 2023, and Percolation Tests received 21 June 2023.
This decision has been made for the following reasons(s) Overall, it is considered that the proposal would result in acceptable impacts on other elements of the proposal which includes impacts on neighbours, visual impacts, highway safety and parking, as well as impacts on biodiversity (General Policy 2, Strategic Policy 1, Housing Policy 4, Transport Policy 7, Environment Policies 4 and 5). It is, however, important to note that the decision on flood impacts is finely balanced when assessed against the requirements of Environment Policies 10 and 13, and General Policy 2 (i) of the Strategic Plan, given that the development would not comply fully with Housing Policy 10 since the submitted Flood Risk Assessment does not comply fully with Appendix 4 of the Strategic Plan. Notwithstanding, the proposal has provided details of mitigation for potential flood impacts which would considerably diminish concerns for future occupants.
Date of Issue: 28th July 2023
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 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.
Implementation The decision does not become final until either Any appeal has been concluded; or 21 days have passed since the date on this notice and no appeal has been submitted
Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.
Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.
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 £335); 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 £125). 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 (should one have been received) 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.
Copyright in submitted documents remains with their authors. Request removal
