Decision Notice

Kelly Lewthwaite Building Design 23 Market Street Douglas IM1 2PA

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 David & Mrs Joan Crowe, Ref 17/00251/B, for the Erection of detached dwelling with garaging to replace existing dwelling at Shenvalley Farm Foxdale Road St Marks Ballasalla Isle Of Man IM9 3AL 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. Prior to the commencement of works other than the erection of the protective fencing referred to in condition 4 below, the existing farmhouse must be demolished and the demolition material removed from the site and the site made good as part of the farmyard or as the garden for the proposed dwelling.

Reason: The application is for the replacement of the existing dwelling and not for a new dwelling.

• 3. Prior to any demolition of the existing farmhouse, a full photographic survey in line with the Department's guidance - Guidance on Undertaking Historic Building Photographic Surveys must be submitted to the Department. Archaeological input must also be included to monitor and record the building during the process of demolition. In addition, such a survey must also be undertaken of the remaining stone outbuildings within the site. These surveys must be undertaken and submitted to the Department and accepted in writing as satisfying this condition. Reason: The existing group is of historic interest.
• 4. Prior to the commencement of any other work on site, there must be in place the protective fencing shown in drawings TP1-10517 and TP2-10517 of the Manx Roots report dated 10th May, 2017. The fencing shall be maintained in position until the development is complete. Within the Construction Exclusion Zone implemented in accordance with this condition, 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. The CEZ implemented in accordance with this condition shall be maintained in position until the development is complete.

Reason: To ensure that all trees to be retained are protected from development during construction.

• 5. No walling may be constructed as shown in drawing 5 unless and until there has been approved by the Department a method statement demonstrating satisfactorily how the walling may be built without adversely affecting the current or future health of adjacent trees.

Reason: To ensure the retention of the existing trees on site which are Registered under the Tree Protection Act 1993.

• 6. Notwithstanding the provisions of the Permitted Development Order, the windows to be installed in the property, except the patio windows in the south eastern elevation, must be sliding sash, irrespective of material and of the glazing style shown in drawing 3A. The windows must be retained as such.

Reason: To ensure that the proposed dwelling is sufficiently well detailed in relation to its position within a group of old and historically interesting buildings.

• 7. 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 garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved, nor may the dwelling be extended in any way, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.

This approval relates to drawings 1, received on 2nd March 2017 and 2A, 3A, 4A, and 5A all received on 26th September, 2017.

Date of Issue: 14th December 2017

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 2016 (currently £175);
•  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.