DEC Decision Notice
Ellis Brown 12 Strathallan Crescent Queens Promenade Douglas IM2 4NR
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 Forest Homes Developments Limited, Ref 19/00488/B, for the Erection of two detached dwellings with associated garages and field access gates at Clypse Mooar Cottage Clypse Onchan Isle Of Man IM4 5BG 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 occupation of any of the dwellings hereby approved, the garage, car parking and manoeuvring areas shall be provided.
Reason: To ensure that the Strategic Plan car parking standards are met in the interest of highway safety.
- 3. Prior to the commencement of any works on the site hereby approved, details of all boundary treatments (other than to the front of the plots as shown on drawing 1001/PL101RevC) shall be submitted in writing to, and approved by the Department. Prior to the occupation of the first dwelling, hereby approved, the boundary treatment shall be installed in accordance with the approved details and shall be retained as such thereafter, unless otherwise approved by the Department.
Reason: To ensure that boundary treatments at the plots are suitable visually for both the rural location and the dwellings on site.
- 4. Following the removal of the sycamore tree from the southern boundary of plot 1 as indicated on the approved drawing 1001/PL40 rev C, 1 silver birch tree (Betula pendula) shall be planted within the back garden of this property. The replacement tree shall be;
- a. at least 2m tall at the time of planting;
- b. planted with at least 1 tree stake and tie for support, installed in accordance with the recommendations of BS8545:2014;
- c. planted in its final position in the first planting season (November - March) following the removal of any of the trees covered by this licence.
Reason: To mitigate the visual impact and loss of canopy cover resulting from the removal of the sycamore tree.
- 5. If, within 3 years of planting, the replacement tree planted in accordance with condition 6 above is cut down, uprooted, removed, destroyed or dies or becomes, in the opinion of the Department, seriously damaged or defective another tree of the same species shall be planted at the same location, unless the Department agrees in writing to dispense with or vary the requirement. Reason: To ensure that the replacement tree successfully establishes in the landscape.
- 6. 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 garden sheds or summerhouses shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
- 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 greenhouses or polytunnels shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
- 8. 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 fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
This decision relates to the following plans and drawings date stamped received on 29th April 2019:
- o 1001/PL101 Rev.C Elevations Plots 1 and 2
- o 1001/PL102 Rev.C Floor Plans Plot 1
- o 1001/PL103 Rev.C Floor Plans Plot 2
- o 1001/PL104 Rev. C Typical Sections And 1001/PL40 Rev.C Proposed Site Plan & Location Plan - date stamped received
- on 23rd May 2019.
Date of Issue: 2nd July 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.
