DEC Decision Notice

Wilson Consulting Limited Kempis House Orrisdale Road Ballasalla Isle Of Man IM9 3AE

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 Trevor And Sue McCullough, Ref 20/00757/B, for the Erection of a replacement dwelling at Knock-E-Loughan Cottage Oatlands Road Santon Isle Of Man IM4 1ED.

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 development hereby approved shall not be occupied until the means of vehicular access, visibility splays, parking and turning areas have all been constructed in accordance with drawing number 198/021. All visibility splays shall thereafter be kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level, and the access and turning areas maintained free from obstruction at all times. Reason: In the interests of highway safety.
• 3. Prior to the commencement of the development hereby approved, the protection measures detailed in the Tree Protection Plan (ref TP-7720) and Arboricultural Method Statement and Tree Protection Plan both prepared by 'Manx Roots', shall be fully installed and implemented and retained for the duration of the construction process, unless stated otherwise. Within the Construction Exclusion Zone identified on this drawing 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, without prior written consent of the Department.

• Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.
• 4. All tree planting shall be undertake in accordance with the detail shown on drawing number MP-7720D and Mitigation Planting Plan statement both prepared by 'Manx Roots'. The planting works shall be carried out prior to the occupation 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 ensure the provision of an appropriate landscape setting to the development.
• 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 development shall be undertaken under the following classes of Schedule 1 of the Order at any time: Class 14 - Extension of dwellinghouse Class 17 - Private garages and car ports Reason: To control future development on the site.

This approval relates to drawing numbers 198/001 198/020, 198/021, 198/022 and 198/023, 3 x CGI visuals and architects design statement, Manx Roots drawing numbers TP7720, TR-7720, TS-7720 and MP-7720D and Manx Roots documents titled 'Client and Developer Guidance', 'Arboricultural Impact Assessment', 'Arboricultural Method Statement and Tree Protection Plan' and 'Mitigation Planting Plan', all drawings and documents are date stamped and received 15/07/2020.

This decision has been made for the following reasons(s) The proposal complies with Housing Policy 12 and although over the 50% threshold the proposal is considered to be of suitable and acceptable design as have no adverse visual impact on the countryside or Area of High Landscape Value in line with Housing Policy 14 and Environment Policies 1 and 2.

Date of Issue: 3rd November 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.