Decision Notice

Kay Associates Southgate House 89 Circular Road Douglas IM1 1AX

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 Arragon Construction Ltd, Ref 16/00351/A, for the Approval in principle for demolition of two dwellings and stable block and creation / incorporation of two further dwellings within large residence, entrance gates and gate lodge addressing siting, design and means of access at Ballaquiggin Farm Balnahowe Santon Isle Of Man IM4 1HW subject to compliance with the following condition(s) and notes (if any) :

• 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

• 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• 3. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

• 4. This permission relates to the principle of the redevelopment of the site to create a single large dwelling with associated accommodation for staff and guests, including a gate lodge together with access, landscaping and a new, expanded residential curtilage, all within the area edged red and as shown generally on plan reference P/10-03 received on 23rd March, 2016. This is on the basis of redevelopment of all of the buildings and the removal of all existing structures such that the development need not be constrained by the existing fabric which is not of particular interest or merit.

• Reason: to clarify the provisions of the approval
• 5. Whilst no approval is granted for the specific siting and layout shown on the illustrative plan K139/P/10-04 the overall area of the footprint of the retained and new buildings to accommodate the main house, the gym/swimming pool, the garage, the staff accommodation and the guest accommodation shall not exceed the area of the built development shown on the plan.

Reason: to clarify the provisions of the approval in association with Housing Policy 14 of the Strategic Plan.

• 6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order (or any Order revoking or re-enacting the Order) no fencing, walling or extensions shall be erected without the express consent of the Planning Authority.

Reason: to control subsequent development which could have an adverse visual impact on the surrounding countryside.

This approval relates to plans reference P10-01, P10-02, P10-03 and P10-04 all received on 23rd March, 2016.

NOTE The strategic policy on the introduction of replacement buildings in the countryside (Housing Policy 14) generally requires that new fabric is no greater than 50% larger than the existing. Whilst in this case provision can and will be made for new fabric which is larger than this on the basis that the scheme is replacing four individual dwellings with one with associated ancillary accommodation it is not possible to grant specific permission for the scheme shown in the submitted drawings without having the benefit of full elevational drawings which illustrate the mass of the proposed buildings and their impact particularly from the steam railway line to the south west.

Date of Issue: 21st June 2016

Interim Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it 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/

No development may be undertaken until such time as the relevant reserved matters have been approved by the Planning Authority.

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.