DEC Decision Notice

KELLY LEWTHWAITE BUILDING DESIGN LIMITED Mr LIONEL KELLY 23 MARKET STREET DOUGLAS IM1 2PA

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 Cheeseden Investments Limited, Ref 24/00181/B, for the Demolish existing building and erect new dwelling and garage (including landscaping work) at Shenvalley House Ballnahowe Port Erin Isle Of Man IM9 6JF .

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 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 commencement of the development on site including any works of demolition, hereby approved, a schedule of materials including finishes for the external walls and roofs, external door and window frames; external doors and windows; and, guttering and rainwater goods; shall be submitted to and approved in writing by DEFA Planning. Thereafter, the development shall be carried out in accordance with the approved details, with the approved finishes and materials being retained and maintained for the lifetime of the development.

Reason: To ensure that high quality materials are used for the replacement dwelling to preserve the character of the site and impart a high quality finish in the interests of visual amenity.

• 3. 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.

• 4. Prior to the commencement of any works on site, the applicant must have approved by the Department a scheme for the improvement and restoration of the land to the north west and south east of the proposed dwelling, removing all unauthorised tipped material and stored artefacts. Such works must be implemented prior to the occupation of the approved dwelling. Reason: In the interests of public amenity as viewed from the public footpath.
• 5. Prior to the commencement of the development hereby approved, details of a landscape shall be submitted to and approved in writing by the Department. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Thereafter, all soft and hard landscape works shall be permanently retained in accordance with the approved details.

Reason: To ensure the provision of an appropriate landscape setting to the development, and to safeguard the appearance of the development and the surrounding area.

• 6. The dwelling shall not be first occupied until the following details shown on the approved drawings and submitted documentation have been installed:

• o Provision of solar panels to dwelling roof;
• o Provision of air source heat pump;
• o Provision for electric vehicle charging point;
• o Provision for secure storage of 2 bicycles, within the proposed garage.

Thereafter, the dwelling shall be occupied in accordance with these approved details for the lifetime of the development.

Reason: To ensure the comprehensive development of the site and to minimise its impact

• on the environment in terms of its carbon footprint.

• 7. Lighting There shall be no external lighting at the site unless full lighting plan details have been first submitted to and approved in writing by the Department, such details shall include position of lights, level of illumination and cowl details. Any external lighting shall then only be installed in full accordance with the approved lighting plan.

Reason: For the avoidance of doubt and to ensure no harm to the dark skies and the surrounding rural area.

• 8. Bat and bird accommodation No works above damp proof course shall take place until a bat and bird mitigation plan has been submitted in writing to the Department for approval. The plan should contain details of bat and bird bricks to be built into the new property. Bird bricks should be located high up on north east to northwest facing elevations. Bat bricks should be located high up on a variety of elevations, though some should face south. Both bird and bat bricks should not be located above windows or doors. This approved plan shall be fully adhered to and the dwelling shall have its measures completed prior to occupation. The approved mitigation measures shall be retained thereafter.

Reason: In the interests of biodiversity. This approval relates to Drawing Nos.

• 2A - Planning Drawing - House - Proposed Griound and First Floor Plans; Elevations and Section;
• 3 A - Garage - Ground Floor Plan; Elevations and Section;
• 4 - Site Plans - Existing and Proposed;
• 5 - Site Section and Comparison Drawing;
• 6 - Site Location Plan;
• 7 - Visibility Splays from Existing Vehicular Access onto Highway; 20 - Landscaping Drawing; Details of Viessman Air Source Heat Pumps; all received on 15th February, 2024.

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 proposal is not materially different to that approved in 2014, and, subsequently renewed in 2018. Since then there have been no changes in policy or circumstance which would justify a different decision. The application accords with the provisions of Policies GP3 c) and d), ENV1, ENV22, H11, H12, H14, T4 and T7 and is supported.

Date of Issue: 7th August 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 £355); 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 £130). 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.