Decision Notice

Quay Design Ltd. 5 The Quay Port St Mary IM9 5EA

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 APPROVE an application by Ballacreggan Farms Ltd, Ref 17/00725/B, for the Conversion of existing redundant mill to single dwelling with associated parking at Ballakindry Mill Ballagawne Road Ballabeg Castletown Isle Of Man IM9 4PD subject to compliance with the following condition(s) and notes (if any):

• 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• 2. Prior the commencement of any other works, the works to the roadside hedge to the north of the site to improve visibility, as shown in drawing 1758-04C, must be undertaken and the hedge maintained as such thereafter. Reason: in the interests of highway safety.
• 3. Following the creation of the visibility splays in accordance with condition 2 above, no further work may commence until such times as the protective fencing has been erected as shown in drawing 1758-02A and agreed on site with the Department as being in accordance with the drawings, and such fencing must remain in situ for the duration of the construction and engineering works. No trees other than those shown for removal on this drawing may be removed under the terms of this approval. Reason: to protect the trees to be retained in the interests of the character of the area.
• 4. 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.

• 5. 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 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.
• 6. 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 solar panels shall be attached to any building or erected within the site, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To safeguard the residential character and amenities of the area.
• 7. No windows or doors shall be installed until full details of them, including (1:20) scale elevations showing the sections of the elements and their position within the apertures, have been submitted to and approved in writing by the Department. The works shall not be carried out unless in accordance with the approved details. Reason: to ensure the satisfactory preservation of this building of interest.
• 8. Planting must be carried out in accordance with the details provided by Roots to Shoots Landscape Proposal and in the first planting season (November to March) following the completion of the development. Any trees which, within a period of 5 years from their planting die, are removed or in the opinion of the Department, become seriously damaged or diseased, shall be replaced as soon as is reasonably practicable or in the next planting season, with others of similar size and species and number as originally approved, unless otherwise approved by the Department. Reason; to provide an appropriate visual and environmental setting for the development.

This decision relates to drawings 1758-05, 1758-06 received on 3rd July, 2017 and 175801A, 1758-02A1758-03A and 1758-04C all received on 24th May, 2018.

Date of Issue: 3rd July 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 in the name of the Minister and/or in the name and on behalf of the Department.

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

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.