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Kelly Lewthwaite Building Design 23 Market Street Douglas IM1 2PA
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 Cheesden Investments Limited, Ref 20/00640/B, for the Erection of garden store/garage at Billown Mansion Estate Billown Ballasalla Isle Of Man IM9 3DL .
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).
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.
Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period and in the interest of visual amenity.
Reason: The development has been approved on an exceptional basis and to ensure proper control of the development.
This approval relates to drawing numbers 1, 2, 3 and 4, supporting statement and site photographs all date stamped and received 22/06/2020.
NOTE The applicant is to be reminded of their legal obligations for the protection of registered trees as set out in the Tree Preservation Act 1993. Any queries in respect of trees should be directed to DEFA Forestry.
This decision has been made for the following reasons(s) The proposed development is to facilitate the mansion house and its grounds and is not to result in any visual or amenity harm nor to cause any adverse impacts to trees and is therefore considered to meet the tests of General Policy 2 (b,c,g) and Environment Policies 1 and 3 of the Isle of Man Strategic Plan 2016.
Date of Issue: 5th November 2020
Director of Planning and Building Control
Guidance Note
This decision was made by a Principal Planner in accordance with the authority delegated to them.
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.
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