DEC Decision Notice

Atelier Krueger Architecture Ltd 19 Kensington Road Douglas IM1 3EP

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 Manoj & Daxa Patel, Ref 23/00470/B, for the Erection of a dwelling with integrated garage, PV panels and heatpump at 9 Perwick Road Port St. Mary Isle Of Man IM9 5PA .

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, shall be carried out using all external facing and materials as shown on the submitted plans, only. No new types of materials shall be added to the external elevations of the development, unless agreed beforehand in writing by DEFA Planning. Reason: In the interests of the character and appearance of the site and surrounding area.
• 3. The vehicle parking spaces shown provided for the development, hereby permitted, both within and outside the garage on Drawing No. 2306/PL 1001 Proposed Floor Plans stamped received and dated 18 April, 2023, shall be provided prior to the first occupation of the dwelling and shall thereafter be retained and made available for vehicle parking at all times.

Reason: To ensure that sufficient on-site parking is provided to serve the development in order to avoid unnecessary on-street parking as per the requirements of the Manual for Manx Roads and Transport Policy 7 in the Adopted Isle of Man Strategic Plan (2016).

• 4. All windows to be inserted in the north-easterly elevation of the development, hereby permitted, shall be glazed with obscure glazing at no less than Level 5 (greatest

obscuration) on the Pilkington Scale of obscurity, with all windows being fixed and nonopening. Thereafter, these windows shall be retained as fixed non-opening units with obscure glazing at Level 5 for the lifetime of the development.

Reason: To protect the amenities of occupants of the adjoining dwelling at 8 Perwick Road, in respect of any potential for overlooking and loss of privacy.

• 5. The proposed glazed screen to be erected between the rear wall of the dwelling and the top of the staircase providing pedestrian access form the rear garden to the ground floor rear decking, shall be installed prior to the first occupation of the dwelling in accordance with the exact details shown on Drawing No. 2306/Pl 1002; and, shall be glazed with obscure glazing at no less than Level 5 (greatest obscuration) on the Pilkington Scale of obscurity. Thereafter, this glazed screen shall be retained fixed in this position with obscure glazing at Level 5 for the lifetime of the development.

Reason: To protect the amenities of occupants of both the adjoining dwelling at 8 Perwick Road and, the dwelling approved by this planning permission in respect of any potential for overlooking and loss of privacy.

• 6. Prior to the commencement of any works on site, protective fencing shall be erected on the site boundary with the adjoining Golf Course. Thereafter, such fencing shall be retained for the duration of the building works on site, and no materials or equipment arising from the demolition of the existing dwelling and from subsequent building operations shall be stored on this adjoining land.

Reason: To ensure that the boundary scrub is retained and protected from damage during demolition and building operations as it may accommodate speckled bush crickets which are protected under the Wildlife Act 1990, Schedule 5 (26.10.17).

• 7. Prior to the commencement of the development hereby approved, details of a landscape shall be submitted to and approved in writing by the Department. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Thereafter, all soft and hard landscape works shall be permanently retained in accordance with the approved details.

Reason: To ensure the provision of an appropriate landscape setting to the development, and to safeguard the appearance of the development and the surrounding area

• 8. Details of foul and surface water drainage provision to serve the development, hereby approved, shall be submitted to and approved in writing by DEFA Planning. Such approved drainage scheme shall be installed prior to the development hereby permitted being first occupied and shall thereafter be retained and maintained at all times.

Reason: To ensure that the site is adequately drained and does not increase the risk of flooding elsewhere.

• 9. There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s). Reason: To comply with the requirements of Manx Utilities and the Sewerage Act 1999.

• 10. The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to Manx Utilities. All drainage works must conform to the requirements of "Manx Sewers for Adoption", any necessary CCTV surveys are to be carried out at the developer's expense.

Reason: To accord with the Sewerage Act 1999. Note: 1 communication fee will payable to Manx Utilities Authority in respect of each property being connected (directly or indirectly) to the public drainage system.

• 11. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling, including the installation or replacement of any windows or doors, hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• 12. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings shall be erected or enclosure, swimming or other pool, container for domestic heating purposes for storage of oil of liquid petroleum gas, or the erection of a gate, fence, wall or other means of enclosure, within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• 13. Prior to the first use of the garage as part of the dwelling, hereby approved, provision for the charging of electric vehicles shall be made within the structure of the garage, and shall thereafter be maintained for the lifetime of the development.

Reason: The provision of an electric vehicle charging point will aid net zero objectives as outlined in the Isle of Man Climate Change Plan (2022 - 2027).

This approval relates to the following drawings and documents date stamped and received 18 April, 2023, unless otherwise stated:

• Drawing No. 2306/PL 1000 Location Plan and Site Plans;
• Drawing No. 2306/PL 1001 Proposed Floor Plans;
• Drawing No. 2306/PL 1002 Proposed Elevations; Proposed Mitsubishi Electric PUZ-HWM140VHA(-BS) Ecodan R32 Monobloc Air Source Heat Pump Details;

NOTE FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of

this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

This decision has been made for the following reasons(s) The proposed scheme would be an acceptable form of development that has been designed to ensure that it would not harm the use and enjoyment of neighbouring properties and would comply with General Policy 2 of the Isle of Man Strategic Plan 2016; and, the principles of the Residential Design Guide 2021.

Date of Issue: 5th September 2023

J CHANCE 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 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.