Decision Notice
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 Ms Maureen Madden, Ref 25/90597/B, for the Erection of a new dwelling with associated site entrance and driveway. at Site Of Former Southview Minorca Hill Laxey Isle Of Man IM4 7DP .
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. No development shall commence until samples of the materials and finishes to be used in the construction of the external surfaces, including walls and roofs, 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.
- 3. Prior to the first occupation of the development hereby permitted, a soft landscaping scheme shall be submitted to and approved in writing by the Department. The scheme shall include details of all new trees and hedgerows and shall include a landscaping plan, planting specification and a timetable for implementation. Development shall be carried out in accordance with the approved scheme. 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: In order to safeguard the landscape character and appearance of the area and in the interest of biodiversity.
- 4. The dwelling hereby permitted shall not be occupied until details of 1 no. bat box and 1 no. bird box, together with a bee brick, have been submitted to planning and approved in writing by the Department. The approved ecological enhancement features shall be installed in accordance with the approved details prior to the first occupation of the dwelling.
- Reason: In order to provide suitable biodiversity enhancement measures on the site.
- 5. The vehicle parking spaces and turning area shown provided for the development, hereby permitted, on Drawing No. 2408-101 Proposed Site Plan, shall be provided prior to the first occupation of the dwelling and shall thereafter be retained and made available for vehicle parking and turning at all times.
Reason: To ensure that sufficient on-site parking is provided to serve the development in order to avoid unnecessary on-street parking as per the requirements of the Manual for Manx Roads and Transport Policy 7 in the Adopted Isle of Man Strategic Plan (2016).
- 6. The development hereby approved shall not be occupied until the secure and covered bicycle store for a minimum of two bicycles has been provided within the site in accordance with details that shall have first been submitted to and approved in writing by the Department. Thereafter, the secure and covered bicycle store shall be retained at all times thereafter. Reason: To promote sustainable travel in the interests of reducing pollution and congestion.
- 7. The visibility splays indicated approved Drawing No. 2408-101 Proposed Site Plan shall be fully provided prior to the first occupation of the dwelling hereby permitted. Thereafter the visibility splays shall be fully maintained in perpetuity. Reason: In the interest of highway safety.
- 8. The garage hereby approved shall be used only for the parking of private motor vehicles in association with the dwelling hereby permitted and shall not be used for any other purpose without the prior grant of planning permission Reason: To provide adequate off-street parking to serve the needs of the dwelling.
- 9. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings shall be erected or enclosure, swimming or other pool, container for domestic heating purposes for storage of oil of liquid petroleum gas, or the erection of a gate, fence, wall or other means of enclosure, within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
Reason: To prevent overdevelopment of the site and to control development in the interests of the amenities of the surrounding area.
- 10. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the welling, including the installation or replacement of any windows or doors, hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Reason: To prevent overdevelopment of the site and to control development in the interests of the amenities of the surrounding area.
This decision relates to the following plans and drawings, date stamped 12 June and 1 August 2025:
- 2408-100 Location and Existing Site Plans
- 2408-101 Proposed Site Plan
- 2408-102 Proposed Floor Plans
- 2408-103 Proposed Elevations
- 2408-104 Proposed Site Sections Tree Survey Data TS-190424 Tree Constraints
This decision has been made for the following reasons(s) The development is located within the settlement boundary of Douglas where the principle of a mixed office and residential use is compliant with the land use zoning of the area. The proposal will not adversely impact upon visual or residential amenity, highway safety or other matters of acknowledged planning importance. The proposals therefore comply with Spatial Policies 3 and 5, General Policy 2, Housing Policy 4, Transport Policies 4 and 7 and Environment Policies 22, 23 and 42 of the Isle of Man Strategic Plan.
Date of Issue: 16th October 2025
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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/onlineapplications/)
Implementation A determination to grant planning approval does not have effect —
- if an appeal is submitted until the appeal is determined or withdrawn; or
- if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).
Development must be carried out in accordance with the approved plans and any attached conditions (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 can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.
Guidance on how to appeal is available at gov.im/howtoappeal