Decision Notice

David John Cooil Ballagawne Farm Ballagawne Road Ballabeg Castletown Isle Of Man IM9 4PD

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 David John Cooil, Ref 16/01045/B, for the Alterations and removal of hedges and creation of a track. at Ballagawne Farm Ballagawne Road Ballabeg Castletown Isle Of Man IM9 4PD 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. The hedges hereby approved for removal may be so removed only during the months September to February inclusive, unless the hedges have first been checked by a suitably qualified person to ensure there are no nesting birds therein. Reason: in the interest of protecting nesting birds.
• 3. Prior to the removal of the hedgerows north of the A27 highway, a plan shall be provided to and approved by the Department showing where new hedges are to be planted on land within the control of the applicant and, ideally, to the north of the A27 highway. Reason: In the interest of preserving the character and appearance of the countryside.
• 4. The hedging shown on the plan that is to be provided under Condition 3 shall be created within 3 months of the removal of the hedges hereby approved for removal. Any tree / hedging plant that dies within a period of five years shall be replaced with a tree / hedging plant of similar age and species and during the next planting season. Reason: In the interest of preserving the character and appearance of the countryside.

The development hereby approved relates to the Site Plan, the Location Plan, and Fig 1, all date-stamped as having been received 7th September 2016.

Date of Issue:

2nd November 2016

Interim Director of Planning and Building Control

Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them 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 £170);
•  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.