DEC Decision Notice

Arch-Tec (IOM) Ltd The Architectural Studio 2nd Floor 20 Duke Street Douglas IM1 2AY

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 Simon & Mrs Charlotte Nicol, Ref 19/00247/B, for the Alterations and erection of extension at Cronk View 45 Ballanard Road Douglas Isle Of Man IM2 5HB 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. All external facing and roofing materials to be used in the development, hereby approved, shall match those of the existing building where appropriate, in respect of their type, colour and finish.

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. The development hereby approved shall be implemented in accordance with the recommendations of the Tree Report, prepared by Douglas Chalk and submitted in support of the application on 4th March 2019, including the installation of protective measures which shall be installed in the precise location, to the specification and maintained for the duration recommended by the report.

Reason: To ensure that the sweet chestnut tree, located in the neighbouring garden, is adequately protected during construction in the interests of maintaining the amenities of the area and protecting a tree owned by a neighbouring property.

• 4. Prior to the commencement of the development hereby approved a precommencement meeting shall take place at which the applicant, the appointed contractor (if any) and a representative from the Department are all present. A record of the points raised and actions agreed at this meeting shall be submitted to and agreed in writing by the Department prior to commencement.

Reason: To clarify the protective measures and construction methods required to protect the retained sweet chestnut, reducing the potential for tree report to be misinterpreted or misunderstood and for approved the approved development to have adverse consequences on the health and longevity of the retained tree.

• 5. The extension hereby approved shall not be occupied at any time other than for purposes incidental to the residential use of the dwelling at 45 Ballanard Road or known as Cronk View and shall not be occupied as an independent dwelling unit.

Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.

This planning permission relates to the following plans and documents: Location Plan

• Drawing No.14353.1 - Existing arrangement
• Drawing No.14353.2 - Existing arrangement
• Drawing No.14353.3 - As Proposed Tree Report including Tree Protection Plan and details Date-stamped as having been received 04 March 2019

Date of Issue: 10th June 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.