DEC Decision Notice

ADAM Architecture Mr R Powell Somerset House The Strand London WC2R 1LA

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 Mr & Mrs David & Ann Giroux, Ref 22/01296/GB, for the Alterations and renovation works to property including the erection of a replacement single storey extension, alterations to site access, and erection of a detached garage with ancillary living accommodation above (in association with RB application 22/01311/CON) at Fox Cottage Bishopscourt Kirk Michael Isle Of Man IM6 2EZ .

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. Prior to the commencement of any works in relation to the new driveway and garage hereby approved, an Arboricultural Method Statement (AMS), adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction

• recommendations), shall be submitted to and approved in writing by the Department. The AMS should address:

• (a) The specification of the protective fencing to be used
• (b) Removal of existing structures and hard surfacing
• (c) The installation of temporary ground protection
• (d) The installation of new hard surfacing (materials, design constraints and implications for levels)
• (e) Retaining structures to facilitate changes in ground levels
• (f) Preparatory works for new landscaping
• (g) How the project arboriculturist and/or construction manager will carry out arboricultural site monitoring, including a schedule of specific site events requiring input or inspection

The agreed protection measures and construction methods shall adhered to in full. Reason: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on the site.

• 3. No landscaping works shall take place until a tree planting plan is submitted to and agreed in writing by the Department. Where applicable the plan shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape recommendations) and in all cases shall include the following details:

• (a) the exact location, species, nursery specification and planting specification of each tree (or group of trees) to be planted. Where groups or larger areas are to be planted please state the area and planting density.
• (b) the approximate date when they are to be planted
• (c) how they will be maintained until successfully established.

The tree planting shall take place as agreed and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.

Reason: to offset the trees lost, to ensure an appropriate standard of visual amenity in the local area and ensure that the development is appropriately landscaped to sit comfortably and acceptably in its location.

• 4. All development hereby approved shall be undertaken strictly in accordance with the Bat Management Plan dated November 2021. The measures identified in the plan shall be adhered to and implemented in full and maintained thereafter. Reason: To safeguard the protected species (bats).

This decision relates to drawings PLC01B, PLC04C, PLC06, PLC07, PLC08, PLC09A, PLC10, PLC11, PLC12, PLC13, PLC15, PLC16C, PLC17C, PLC18B, PLC21A, PLC22A, together with Aboricultural Impact Assessment 230622E and associated drawings TS-230622B, TI230622G, OTP-230622G and TR-230622G.

This decision has been made for the following reasons(s) The application is in accordance with section 16 of the Town and Country Act 1999 as the building's special interest and the setting of the registered buildings are being preserved. The application also meets the tests of planning policy statement 1/01 as well as strategic policy 4, general policy 2, environment policy 32 and environment policy 34 of the IOM Strategic Plan 2016 as the building is being protected, preserved and in part enhanced, and traditional materials are being used. Although some harm is proposed to the trees on the application site, it is judged that the mitigation measures are such that the development will not result in unacceptable loss, and on balance the benefits to the protected building offset this harm. The application is therefore judged to be acceptable.

Date of Issue: 15th June 2023

Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

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 £335); 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 £125). 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 (should one have been received) 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.