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 24/00458/B, for the Proposed gardener's store/garage with associated facilities. at Billown Mansion Billown Ballasalla Isle Of Man IM9 3DL .

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. The development hereby approved shall only be used as a garden store/garage with associated gardeners facilities incidental to the occupation and maintenance of 'Billown Mansion' Estate and shall not be used for any commercial purpose.

Reason: The development has been approved on an exceptional basis and to ensure proper control of the development.

• 3. The gardeners building hereby approved shall not be occupied at any time as an independent dwelling unit.

Reason: To ensure proper control of the development which has been assessed on a gardeners facilities building only as set out in the application.

• 4. Prior to the commencement of the development hereby approved, the tree protection measures detailed on drawing number 3, shall be fully installed and implemented and retained for the duration of the construction process, unless stated otherwise. Within the Construction Exclusion Zone identified on this drawing nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations

shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit.

Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period and in the interest of visual amenity.

• 5. All pruning works shall be carried out so as to conform to the recommendations of British Standard 3998:2010 (Tree Work - Recommendations)

Reason: To reduce the potential for the approved pruning work to have adverse consequences on the health and longevity of the trees, for the purposes of preserving the amenity value they provide to the area.

This approval relates to drawing numbers 1, 2, 3, 4, photo pages 1 and 2, and supporting covering letter all date received 17th April 2024.

NOTE The applicant is to be reminded of their legal obligations for the protection of registered trees as set out in the The Tree Preservation Act 1993 and to prevent any surface water entering a public highway as set out in the Highways Act 1986. Any queries in respect of trees should be directed to DEFA Forestry, and any in respect of highways to DOI Highways Development Control.

This decision has been made for the following reasons(s) While the land is not specifically designated for the erection of a garden/garage store with staff facilities above, the building is to help facilitate the maintenance of the estate grounds of the mansion house and is not to result in any visual or amenity harm nor to cause any adverse impacts on the existing trees and is considered to be acceptable meeting the tests of General Policy 2 (b,c,g), not to undermine Environment Policy 1 and not to undermine or impact existing trees in line with Environment Policy 3 of the Isle of Man Strategic Plan 2016. Suitably worded conditions will be added in respect of the approved use, no creation of any separate living unit and for the tree protection measures.

Date of Issue: 14th June 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Director of Planning and Building Control 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.