DEC Decision Notice

Denning Millar Projects Ltd Ballacrebbin Farm Bernahara Road Andreas IM7 3HJ

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 Mrs J L Kermeen, Ref 19/01063/B, for the Creation of a dwelling with associated landscaping and access road and erection of detached storage building at Right Of Field 624235 Via Ards To Cornaa Cornaa 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).

• 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. 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(s) 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.
• 3. 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(s) 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.
• 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 fences, gates, walls or other means of enclosure shall be erected

or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area.

• 5. No development shall commence until an ecological survey of the site has been submitted to and approved in writing by the Department. The ecological survey shall identify matters of ecological interest within the site and measures to mitigate ecological impacts where appropriate, including a timetable for their implementation. The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the ecological species existing on the site.
• 6. The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only. Reason: In the interests of highway safety.
• 7. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• 8. All planting, seeding or turfing comprised in the approved details of landscaping as shown on drawing P01C date stamped 8th June 2020 must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works namely the driveway as shown on drawing P01C date stamped 8th June 2020 shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted.

Reason: To ensure the provision of an appropriate landscape setting to the development and to ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development.

• 9. There shall be no external lighting along the new access road/driveway. Reason: In the interests of the character and appearance of the site and surrounding area.
• 10. No development may be commenced nor any equipment, machinery or materials be brought onto the site for the purposes of the development until fencing has been erected along the blue lines shown in the Tree Removal and Protection Plan, drawing P04, to a specification that accords with the recommendations of Section 6.2.2 of British Standard 5837:2012 (Trees in relation to design, demolition and construction - recommendations). The fencing shall be maintained in position until the development is complete.

• Reason: to ensure the construction exclusion zone is effective at excluding those activities which may be damaging to retained trees by clearly marking the boundary of the area and preventing construction activity accidentally straying in to a restricted area.
• 11. Within the Construction Exclusion Zones shown on the Tree Removal and Protection Plan, drawing P04, (and fenced off in accordance with condition 2 above), 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, until the development is complete.

Reason: to ensure the construction exclusion zone is effective by defining the activities which are restricted within this area

• 12. The existing hedgerow to the western boundary of the site (along new driveway) is required to be retained, unless otherwise agreed in writing by the Department. Reason: In the interest of visual amenities of the area.
• 13. Prior to the commencement of any development detailed plans are required to be submitted and approved in writing by the Department which demonstrate how the access is to be finished (i.e. gates, fencing, walls etc). The design should be simple in form, and appropriate for the type and style of dwelling in the countryside. Reason: In the interest of visual amenities of the area. This approval relates to the submitted documents and drawings reference numbers:

Received on 17th September 2019; AP01, P02, P03, , LS-01, LS-02 Received on 26th November 2019. P04 Received on 8th June 2020 P01C, P00a & P05b

This decision has been made for the following reasons(s) Overall, the conversion of the existing properties within the site would re-establish a dwelling on the site, reuse existing historic and architectural buildings worthy of retention all in a sensitive and appropriate way which would not adversely affect visual impact upon the amenities of the countryside setting and landscape and therefore comply with HP 13 and EP 1 & 2 of the IOM Strategic Plan. The new access arrangements while having some impact upon the visual amenities of the countryside/landscape, are considered necessary, appropriate, well designed and represent a significant improvement to highway safety for all road users and therefor comply with EP 1 & 2 and TP 4 of the IOM Strategic Plan. Accordingly, the application is recommended for an approval.

Date of Issue: 20th July 2020

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 £285); and

election to have the appeal conducted by means of an inquiry(a hearing) or by means of written representation. 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 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.