Decision Notice

Carl Jenkins Design 10 Church Street Peel Isle Of Man IM5 1HL

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 Paul Davis, Ref 15/01298/B, for the Engineering works for the partial infill of an existing gulley (retrospective) at Field 434534 Kerrowkeil Road Grenaby Ballasalla Isle Of Man subject to compliance with the following condition(s) and notes (if any) :

• 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. No remaining material may be tipped into the base of the gulley where water is currently flowing.

Reason: in order to ensure that sediment is not washed directly into the watercourse where it may ultimately adversely affect fish populations, contrary to Environment Policy 7.

• 3. Further ditching works through the bottom of the gulley, which would make a more direct connection with the Silverburn, should not be carried out until the stabilisation of tipped material through vegetation planting, has taken place.

Reason: in order to prevent sedimentation of the water course contrary to Environment Policy 7.

This approval relates to drawings 01, 01, 02, 03, 04, 05 all received on 27th November, 2015.

NOTE The applicant is recommended to continue to liaise with the Department of Environment Food and Agriculture's Fisheries and Wildlife Directorates in order to ensure that no adverse impacts occur in respect of the watercourse and fish populations and also in respect of lizards, frogs and other terrestrial species which are protected under the Wildlife Act 1990.

Date of Issue:

5th January 2016

Director of Planning and Building Control

Guidance Note

This decision was made by the Director of Planning and Building Control in accordance with the authority delegated to him in the name of the Minister and/or in the name and on behalf of the Department.

This permission refers only to that required under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

•  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2015 (currently £165);
•  The reasons for making the appeal; and
•  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

The proposed development must not be commenced until either;

•  The time for requesting an appeal has expired; or
•  Any appeal has been determined;

Whichever is the later.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom

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.