DEC Decision Notice

Nicholas Brian Design Limited Mr Ian Piercy 127 Royal Avenue Onchan IM3 1LD

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 Gordon Halton, Ref 23/01511/REM, for the Reserved Matters Application - Alterations to the design of the main house and smaller ancillary house. Main House amendment to incorporate basement level and incorporate new facade glazing to level 3; amendment to include level 4 (principal suite) and change entrance to the property. Reposition of garage block. Ancillary property - incorporate a basement level within the sub-structure. at Howstrake King Edward Road Onchan Isle Of Man IM3 2JP .

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. 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 extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• 3. The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only. Reason: In the interests of highway safety.

• 4. 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 of the dwelling, including all hardsurfacing within the site, 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.
• 5. Prior to the commencement of the development hereby approved, a soft landscaping plan written in collaboration with a suitably qualified ecological consultancy, shall be submitted to, and approved in writing by the Department. Once approved any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

Reason: To ensure the delivery of an appropriate landscaping scheme, in the interests of the visual amenities of the site and biodiversity.

• 6. Prior to the commencement of development, including construction and enabling works, a plan detailing measures to be taken to prevent water, sediment and pollution runoff from site, including measures to prevent the degradation of the neighbouring Douglas Bay Marine Nature Reserve and measures for the avoidance of light pollution onto surrounding habitats.

All works shall be undertaken in full accordance with the approved details during the construction phase of the development. Reason: In the interests of biodiversity.

• 7. Prior to the commencement of development, including demolition, construction and enabling works, a Preliminary Roost Assessment shall be undertaken on building B2 (as referenced within the MWT's Bat Survey Report), to check its suitability for hibernating bats, and the results submitted to the Department in writing for approval. Should the assessment determine that hibernating bats are likely to be present then hibernation surveys will be required, together with further avoidance and mitigation measures. All works must then be undertaken in full accordance with any additional specified avoidance and mitigation measures as agreed by the Department. Reason: In the interests of biodiversity.
• 8. Prior to the commencement of development, including construction and enabling works, a common lizard habitat creation, management and monitoring plan, written by a suitable qualified ecological consultancy, shall be submitted in writing to the Department for approval. This plan shall identify areas for habitat creation and management, including 4 lizard hibernacula, and contain methodologies for their creation and management as well as details of a monitoring regime by a suitably qualified ecological consultancy, during construction and up to 5 years following completion of a landscaping scheme and/or construction (whichever is later). This plan shall also provide details of measures to be put in place for the protection of the surrounding habitats during construction, including protective fencing and construction exclusion areas. Any habitat features which within 5 years from completion of landscaping/creation are removed, do not grow or are otherwise damaged or diseased, shall be replaced. All works must then be undertaken in full accordance with this plan.

• Reason: In the interests of biodiversity.
• 9. No permanent outdoor lighting shall be installed until a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/12 on Bats and Artificial Lighting (2023), has been submitted in writing to the Department for approval. All works must then be undertaken in full accordance with this plan. Reason: In the interests of biodiversity.
• 10. Prior to the commencement of development, including construction and enabling works, an Invasive Species Management and Monitoring Plan, written by a suitable qualified ecological consultancy, shall be submitted in writing to the Department for approval. The plan shall include details of a management and monitoring regime by a suitably qualified ecological consultancy, during construction and up to 5 years following completion of a landscaping scheme and/or construction (whichever is later). All works must then be undertaken in full accordance with this plan. Reason: In the interests of biodiversity.
• 11. Prior to the commencement of development, including construction and enabling works, a bat and bird box plan, containing details including the location, specifications and timing of installation, of bat and bird boxes that are to be erected on the new buildings, shall be submitted in writing to the Department for approval. All works must then be undertaken in full accordance with this statement. Reason: In the interests of biodiversity.
• 12. Prior to the commencement of the development hereby approved, details shall be submitted to, and approved in writing by the Department which set out details of the type of glass or barrier to be used in all glass balustrades, alongside any additional measures such as use of etching, ultraviolet coatings or decals, for the prevention of bird strikes. The works shall be carried out in accordance with the approved details and retained thereafter in perpetuity. Reason: To ensure that the details are appropriate to reduce the risk of bird strike.
• 13. Prior to the commencement of the development hereby approved, details shall be submitted to, and approved in writing by the Department a scheme which sets out the roadside boundary details (not timber fencing) along the King Edward Road. This approved scheme shall be completed in full prior to the occupation of the dwelling and retained thereafter. Reason; In the interest of the visual amenities of the area.
• 14. Prior to the commencement of the development hereby approved, details shall be submitted to, and approved in writing by the Department a scheme which sets out the nonreflective glazing to all glazing to the eastern elevation of the dwelling. This approved scheme shall be completed in full prior to the occupation of the dwelling and retained thereafter. Reason; In the interest of the visual amenities of the area. This approval relates to the following drawings and documents referenced;

• P0003 Location Plan as Existing

• P0001 Rev A Location Plan as Proposed

P0004 Site Plan as Existing

• P0002 Rev A Site Plan as Proposed

• P1000 Level 4 Plan as Existing
• P1001 Level 3 Plan as Existing
• P1002 Level 2 Plan as Existing
• P1003 Level 1 Plan as Existing

• P1100 Rev A Level 4 Plan as Proposed
• P1101 Rev A Level 3 Plan as Proposed P1012 Rev A Level 2 Plan as Proposed

• P3000 MH Elevations as Existing Sheet 01
• P3001 MH Elevations as Existing Sheet 02
• P3002 Rev A MH Elevations as Proposed Sheet 01
• P3003 Rev A MH Elevations as Proposed Sheet 02

• P1100 Ground Floor Plan as Existing - Summerhouse
• P1101 Rev A Ground Floor Plan as Proposed - Summerhouse
• P1102 Rev A Basement Plan as Proposed - Summerhouse

• P3100 Elevations as Existing - Summerhouse
• P3101 Rev A Elevations as Proposed - Summerhouse

• P9003 Comparison Sheet 1 of 2
• P9004 Comparison Sheet 2 of 2 Received 11.01.24

NOTE This decision notice relates to a Reserved Matters approval pursuant to Approval In Principal application 15/00636/A as varied by planning application 21/01435/B. For the avoidance of doubt all conditions that apply to 21/01435/B and those on this decision notice apply to the development and should be read in conjunction with one another.

NOTE FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

This decision has been made for the following reasons(s) The proposed development is considered to constitute a high standard of design which would add a greater degree of visual interest in the context of the immediate landscape and seascape, whilst improving biodiversity across the site and bringing a neglected, redundant site back into use. The proposals would afford future occupants a very high standard of living, without detriment to the amenities of surrounding residential properties, nor give rise to a material impact upon the safety and convenience of the local highway network. The proposals are therefore considered to be compliant with Strategic Policy 5, General Policies 2 and 3, Environment Policies 1 and 2, and Housing Policy 14 of the Strategic Plan (2016).

Date of Issue: 10th April 2024

J CHANCE Director of Planning and Building Control

Guidance Note

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

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.