DEC Decision Notice

Wilson Consulting Limited Kempis House Orrisdale Road Ballasalla Isle Of Man IM9 3AE

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 E P & Mrs T K D Kerruish, Ref 19/00875/B, for the Alterations, erection of a replacement dwelling and change of residential curtilage at Ardonan Farm House Ardonan Lane Regaby Ramsey Isle Of Man IM7 3HN 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.
• 3. Prior to the commencement of any works an Energy Statement shall be submitted and approved in writing by the Department (planning) which demonstrates the new dwellings has a Standard Assessment Procedure (SAP) rating of at least 97 (or similar rating system) and prior to the occupation of the dwelling a further Energy Statement post completion shall be submitted to and approved in writing by the Department (planning) to demonstrate that the SAP rating of at least 97 (or similar rating system) has been achieved.

Reason: A reason why the application is considered acceptable is due to the overall environmental impacts as outlined on Housing Policy 14 and namely the eco efficiency credentials of the new dwelling.

• 4. Prior to the commencement of any works a Habitat Management Agreement shall be submitted to and approved by the Department which demonstrates how the existing curtilage and the wildflower meadow within the new residential curtilage will enhance

biodiversity and the development shall be undertaken in full accordance with this Agreement and maintained as such thereafter.

Reason: A reason why the application is considered acceptable is due to the overall environmental impacts and the improvement and enhancement of biodiversity throughout the site is one measure to achieve this.

• 5. No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: To ensure the provision of an appropriate landscape setting to the development
• 6. Prior to the commencement of any works a Method Statement detailing the protection of bats within the annex (referred as "Store & Bat roost" on plan 182/021) currently attached to the main farm house during the demolition works of the main farm house shall be submitted to and approved by the Department and shall be undertaken in full accordance with this approved Method Statement. The Method Statement should address the following:

• o Best time of year to undertake the works (least disturbing to bats).
• o A thorough check by a suitably experienced bat worker to ensure no bats are likely to be killed during the demolition works.
• o Provision of alternative roosting facilities for hibernating bats e.g. woodcrete bat boxes.
• o Methods of demolition that will cause least damage/disturbance to bats.
• o Actions that will be taken should bats be found during the demolition. The "Store & Bat roost" building as shown on plan 182/021 shall be retained. Reason: To ensure appropriate measures are taken for the protection of a known bat roost

• 7. No approval is hereby given for any external lighting to the property or driveway. Reason: In the interests of wildlife within the site
• 8. 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.

• 9. The hard landscaping as shown in plan 182/021 shall be completed in full accordance with the approved details prior to the first use of the dwelling. Reason: To ensure the provision of an appropriate landscape setting to the development.

• 10. Prior to the occupation of the new dwelling hereby approved the existing dwelling other than the bat roost building and two outbuildings as shown on plan 182/021 are required to be demolished and cleared and the land restored in accordance with the approved details of the Habitat Management Agreement (Condition 4).

Reason: Planning permission has been approved on the basis that the existing dwelling would be replaced and therefore in accordance with Housing Policy 14 and General Policy 3.

• 11. For the avoidance of doubt no approval is hereby given for the use of the bat roost building to be used for living accommodation/separate dwelling.

Reason: The application has not sought approval of the bat roosts for such purposes and the application has been considered on this basis; the building has a protect species within and use as living accommodation could adversely affect this species (bats) and in accordance with General Policy 3, Housing Policy 4 and Environment Policy 1 which restrict new dwellings on land not designated for development.

This approval relates to the submitted documents and drawings reference numbers 182/001, 182/002, 182/003, 182/010, 182/020, 182/021, 182/022, 182/023, 182/024, 182/025, 182/026, and Design Statement all received on 2nd August 2019 and Bat Survey received 12th September 2019.

NOTE Bats are listed on Schedule 5 of the Wildlife Act 1990. It is an offence to intentionally or recklessly kill, injure or take, or to damage or destroy, or obstruct access to, any structure or place bats use for shelter or protection, or to disturb bats while they occupy a structure or place which they use for that purpose.

NOTE If the bat roost is additionally going to be used for storage then the occupants will need to apply for a Protected Species Licence from the Ecosystem Policy Team due to the risk of disturbing bats. For further information contact the Ecosystem Policy Team [email protected].

NOTE Birds, their nests, eggs and dependant young are legally protected under the Wildlife Act 1990 and it is an offence to intentionally or recklessly kill, injure or take a bird, chick or egg or damage or destroy a nest. In addition, species listed on Schedule 1 of the Act are protected from disturbance.

Birds nest from February through to the end August.

Date of Issue: 19th November 2019

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

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.