DEC Decision Notice

Mr Alf Caine Castleward Farmhouse Ballaoates Road Braddan IM4 5EJ

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 Mr Alf Caine, Ref 19/01383/B, for the Erection of a replacement dwelling with associated curtilage and vehicular access at Hillside Cottage Ballaoates Road Castleward Douglas Isle Of Man IM4 5EJ .

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. Prior to the commencement of any development a Topography survey plan to demonstrate the 2.4m x 75m visibility splays can be adequately achieved and maintained and shows which existing sections of Hawthorne hedge are to be retained and those to be repositioned shall all be submitted to and approved by the Department. This approved plan is required to be fully adhered to and the 2.4m x 75m visibility splays in both directions shall be provided prior to the occupation of the dwelling hereby approved and retained as such thereafter. Reason: In the interest of highway safety and visual amenities of the area.
• 3. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (including Rowan/Hawthorn planting to roadside boundary in conjunction with details for Condition 2) showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping 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 include footpaths and hard surfacing materials. The hard landscaping works 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.

• 4. The roof of the dwelling hereby approved shall be finished in a natural grey slate. Reason: In the interests of the residential amenities of the 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 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.
• 6. 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.

• 7. Prior to the commencement of any works an Energy Statement shall be submitted and approved in writing by the Department (planning) which demonstrates the new dwelling has a Standard Assessment Procedure (SAP) rating of at least 90 (or similar rating system) can been achieved.

Reason: A reason why the application is considered acceptable is due to the overall environmental impacts as outlined on Housing Policy 14 and namely the eco efficiency credentials of the new dwelling.

This approval relates to the submitted documents and drawings reference numbers 19/234/6, Visibility Splay Plan (scale 1:500), and SF25668-001 REV A all received on 11th December 2017.

NOTE The applicant is advised that a Section 109 Agreements is required to be submitted and approved by the Department of Infrastructure Highway Services for the new access.

This decision has been made for the following reasons(s) It is considered that there are some aspects of the proposal are potentially contrary to Housing Policy 12 (principle of demolition and replacement) and Housing Policy 14 (greater than the generally permitted 50% threshold). However, the scheme also provides overall environmental benefits and the overall development is modest and sympathetic with the surrounding landscape/countryside setting. Therefore, on balance the proposal is considered to be acceptable.

Date of Issue: 16th March 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 £276); 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.