DEC Decision Notice

Kelly-Lewthwaite Building Design Limited Mr Wayne Lewthwaite 23 Market Street Douglas Isle of Man 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 Mr & Mrs David & Rachel Thomas, Ref 24/00394/B, for the Orangery extension to replace existing conservatory & summerhouse including installation of 2no air sourced heat pumps and 2no air conditioning units externally at Deansgate Lucerne Court Douglas Isle Of Man IM2 6BJ .

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 Air Source Heat Pumps and Air Conditioning Units must be installed according to the plans and supporting information and must be maintained as such thereafter.

Reason: To ensure the development is implemented according to the plan/details submitted, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

• 3. Obscure glazing (Pilkington level 5 or equivalent) shall be installed in the following window/s and shall be maintained as such thereafter;

East Elevation - Ground Floor Orangery

Reason: In terms interests of neighbouring residential amenities. This decision relates to the following plans and drawings, date stamped received on 2nd April 2024;

• o Drawing No. 1A
• o Drawing No. 3

This decision also relates to the ASHP and Air Conditioning Unit calculations and drawing No. 4A dated received 16th April 2024.

This decision also relates to drawing No. 2B dated received 12th June 2024. This decision has been made for the following reasons(s) On balance the proposal as a whole is deemed to be acceptable from a character and appearance point of view and is judged not to harm the neighbouring amenity of No.10 Montreux Court nor No.7 Lucerne Court above and beyond what is currently in place. As such the proposal is deemed to comply with General Policy 2, Environment Policy 4 and Environment Policy 22.

Date of Issue: 25th July 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner 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.