DEC Decision Notice

David And Wendy Davies Struan Beg Main Road Lower Foxdale IM4 3AY

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 David And Wendy Davies, Ref 20/00245/B, for the Creation of new vehicular entrance, and construction route across field at Field 312711 Balladoyne Farm Main Road St Johns 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• 2. 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. 02 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 shall be maintained until the access is no longer required or the time limit specified in Condition 5 has expired. Reason: To safeguard the existing trees and planting to be retained within the site.
• 3. The means of vehicular access to and from the site shall be only as shown on the approved plan Drawing nos. 01 rev A and 02. Reason: To ensure the free and safe use of the highway.
• 4. Prior to any other works commencing on site other than the tree protection measures referred to in condition 2, the access and visibility splays on drawing no 02 date stamped 07/07/2020 shall be constructed and remain free from obstruction thereafter.

• Reason: In the interests of Highway Safety
• 5. Construction traffic must use only the temporary access indicated on drawing nos. 01 rev A and 02; this temporary access must within 3 months of residential development within Area 1 or at a time two years from the commencement of the use of the access, must be closed off and the route restored to agricultural field. The affected grass and hedges shall be restored, and any hard surfaced area introduced removed and land restored to agricultural field. The access may only be used and available for use to facilitate the development of fields 312909 and 314758.

Reason: The access is acceptable only for a temporary period because it meets a specific short-term need.

• 6. No development shall be commenced until a method statement and mitigation for tree protection has been submitted to and approved in writing by the Department. Such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; the location of grassed areas details of the hard surface treatment of the open parts of the site and a programme of implementation.

All works on the site shall be carried out in accordance with the approved details. The works shall be carried out prior to the commencement of any part of the development or in accordance with the programme agreed in writing with the Department. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

This decision relates to the following plans, documents and drawings:

• 1. Photographs, Date stamped as received on 4th March 2020.
• 2. 01 rev A - Site and Location Plan, And;
• 3. 02 - Entrance Details, Date stamped as received on 7th July 2020.

NOTE The applicant needs to enter a section 109A Highway Agreement in order for the access to be constructed onto the abutting highway.

This decision has been made for the following reasons(s) It is considered that the planning application is in accordance with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, and Policies OS/P/1, OS/P/2 and RES/P/1 of the St Johns Local Plan 1999. It is therefore recommended that the planning application be permitted.

Date of Issue: 25th August 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
•  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 £100). 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 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.