DEC Decision Notice

BRW Mr Brian Woodard Harp Inn Cross Four Ways Ballasalla ISLE OF MAN IM9 3DH

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 & Mrs Christian & Jenny Forbes, Ref 24/00220/B, for the Erection of extension to front elevation to replace veranda, erection of an extension to side elevation, replace existing garage door with two windows, aperture alterations to front, side and rear elevations and alterations to external finish at Upper Garth Farm Garth Road Crosby Isle Of Man IM4 2HB .

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 development shall be undertaken in accordance with any of the following Classes of Schedule 1 of the Order at any time:

• o Class 13 Greenhouses and polytunnels
• o Class 14 Extension of dwellinghouse
• o Class 15 Garden sheds and summer-houses
• o Class 16 Fences, walls and gates
• o Class 17 Private garages and car ports
• o Class 20 Erection of flagpole
• o Class 21 Construction of Decking Reason: To align with conditions of 06/01235/B in controlling development and culmination
• of structures in the interests of the amenities of the surrounding countryside area.

This approval relates to the following:

• o Drawing number 24/03/01
• o Drawing number 24/03/02
• o Drawing number 24/03/04

• - All date received 19/03/2024

o Drawing number 24/03/03 o Drawing number 24/03/05 o Site photographs o Covering letter and drawing list

• - All date received 11/03/2024

This decision has been made for the following reasons(s) The overall visual impact of the works is considered acceptable on the main house in accordance with Housing Policy 15 and not resulting in any adverse harm on the wider countryside in line with Environment Policy 1 of the Isle of Man Strategic Plan 2016.

Date of Issue: 25th April 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Acting Head of Development Management in accordance with the authority delegated to them.

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.