DEC Decision Notice

Ellis Brown 12 Strathallan Crescent Queens Promenade Douglas IM2 4NR

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 Paul & Mrs Linda Jones, Ref 20/00380/B, for the Erection of a detached agricultural workers dwelling at Borrane Lhagg Road Dalby Isle Of Man IM5 3BU .

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 occupation of the dwelling hereby approved shall be limited to a person engaged or last engaged solely in agriculture on the Isle of Man, or a widow or widower of such a person, or any resident dependants.

Reason: The site is in an area where new dwellings are not normally approved except where an agricultural need has been established and accepted by the Department.

• 3. The proposed infilling of the gaps in the existing perimeter hedge must be planted at the latest, in the first planting season following the completion of the dwelling hereby approved and must comprise native species/species to continue those in the existing surrounding hedges. Any plants which die or are removed within the first five years of having been planted, must be replaced by plants of similar species and size.

Reason: to ensure that the development has an acceptable visual and ecological impact on the environment.

• 4. Prior to the occupation of the dwelling hereby approved, the resurfacing of the first 5m of the existing access, the widening of the existing access lane and the cutting back of the vegetation at the entrance, both as indicated on plan 19/3001/03B must be undertaken

in accordance with the approved plans. The re-surfacing must result in a bound surface such that no material is tracked onto the public highway.

Reason: in the interests of highway safety. This approval relates to drawings 19/3001/01A, 19/3001/02A, 19/3001/03B and 19/03001/04 all received on 14th May, 2020.

NOTE The applicants' attention is drawn to the provisions of the Wildlife Act 1990 in particular respect of nesting birds. Any works which are undertaken within the nesting season (February to late August or late September should be undertaken only with guidance from the Ecosystems Policy Office of the Department.

This decision has been made for the following reasons(s) The development is considered to accord with Environment Policies 1, 2, 4 and 15 and Housing Policies 7, 8, 9 and 10 of the Strategic Plan.

Date of Issue: 10th June 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.