DEC Decision Notice

Carl Jenkins Design 10 Ballaterson Road Peel Isle Of Man IM5 1BJ

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 Michael Weldon, Ref 23/00313/B, for the Erection of a detached single garage in the rear garden at Jasmine 3 Auburn Place Lezayre Road Ramsey Isle Of Man IM8 2LP .

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).

• 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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.

• 2. The development hereby approved including layout, access arrangements, and visibility, shall be provided in accordance with approved plan Drawing No. 02 rev C received 16 March 2023 and retained as such thereafter. No other/additional access provisions may be made. Reason: In the interests of highway safety.
• 3. No development may be commenced nor any equipment, machinery or materials be brought onto the site for the purposes of the development until suitable protective fencing has been erected in the location shown on the approved drawing No. OTP-200422, to form a Construction Exclusion Zone ('CEZ').

Within the CEZ nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit. The implemented CEZ may only be removed when the construction work has been fully completed on the site.

Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.

• 4. The development hereby approved shall be carried out strictly in accordance with the tree protection measures detailed in the Outline Tree Protection Plan (Drawing No. OTP200422), Arboricultural Impact Assessment Report prepared by Manx Roots Limited, and dated 7 March 2023, and Planning Statement Relating to Sub-Structure of the Proposed Garage prepared by BB Consulting Engineers. The garage sub-structure be constructed in the manner detailed in the A Planning Statement Relating to Sub-Structure of the Proposed Garage prepared by BB Consulting Engineers and as shown in drawing No. 22-117 - 01 rev A (Proposed Foundation Plan and Cross Section). No continuous strip footings; cantilevered superstructure towards western boundary; pad foundations to be orientated to limit shading of existing tree roots. The proposal shall adhere to the use of heel-mesh metal grids supported by ground screws (Green Grid Systems Rootbridge, 15kN or equivalent) to construct the ramp from the lane to the finished floor level of the garage as outlined in the Arboricultural Impact Assessment.

Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.

• 5. Prior to the commencement of the development hereby approved an Arboricultural Method Statement (AMS) providing a schedule of a monitoring and reporting programme of all on-site supervision and checks of compliance on all arboricultural matters. The agreed AMS shall be adhered to in full.

Reason: to ensure compliance with the tree protection and to protect and enhance the appearance and character of the site and locality.

This decision relates to the documents and plans received 16 Mar 2023. This decision has been made for the following reasons(s) The proposal is considered to be in accordance with General Policy 2, Transport Policy 7, and Environment Policy 42 of the Isle of Man Strategic Plan 2016, and the principles set out in the Manual for Manx Roads, in that no unacceptable visual, residential amenity, highway safety or other impacts were identified.

Date of Issue: 14th July 2023

Director of Planning and Building Control

Guidance Note

This decision was made by a Principal 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.

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.