DEC Decision Notice

Nicholas Brian Design Limited 127 Royal Avenue Onchan IM3 1LD

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 Ian Piercy, Ref 19/00009/B, for the Erection of a single dwelling on land adjacent to Rheast Mooar House at Rheast Mooar House Andreas Road Ramsey Isle Of Man IM8 3UA 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 development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.

Reason: In the interests of the character and appearance of the site and surrounding area in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• 3. No tree shown as retained on the submitted drawing P03 - Tree Protection Plan, date-stamped as having been received 29 January 2019, shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase, other than in accordance with the approved plans and particulars. In the event that retained a tree becomes damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• 4. Prior to the commencement of the development hereby approved, an Arboricultural Method Statement, prepared in accordance with the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations) by a suitably qualified and experienced tree specialist, shall be submitted to and approved in writing by the Department. This method statement shall be based on the approved Tree Protection

Plan (drawing P03). Thereafter, the protective measures and construction methods shall be implemented in strict accordance with the approved details.

Reason: To ensure that there is sufficient technical information for the trees marked as being retained to be adequately protected and to ensure that the protective measures are implemented in a timely manner and for the duration of the construction in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• 5. Prior to the commencement of the development, a suitably scaled site plan showing the visibility splay for the existing access shall be submitted to and approved in writing by the Department. Thereafter the visibility splay identified on the submitted plan shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1m in height above adjoining carriageway level.

Reason: In the interests of highway safety in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• 6. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

This planning permission relates to the following plans and documents: Planning/Design and Access Statement Drawing P03 - Site Plan as Proposed Drawing P14 - Location Plan, Proposed Floor Plans & Proposed Elevations Date-stamped as having been received 07 January 2019 Tree Protection Plan Date-stamped as having been received 29 January 2019 Tree Survey, including retained trees, Pruning Schedule, Survey Data Table and Drawing No.TS-201208 - Tree Constraints Plan Date-stamped as having been received 28 February 2019

NOTE The applicant is reminded of their responsibilities under Wildlife Act 1990, in particular Section 9; under this section it is an offence to intentionally or recklessly destroy or damage a bat roost.

Date of Issue: 26th April 2019

Director of Planning and Building Control

Guidance Note

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

All correspondence which led to the assessment and decision is 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 This decision refers only to that applied for 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 current Fees Order;
•  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/

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.

PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.