Decision Notice

Mr & Mrs Philippus & Louna Vermeulen 3 The Crescent Derbyhaven IM9 1TX

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 Philippus & Louna Vermeulen, Ref 24/91078/B, for the Reroute an existing right of way by removing some of the wall and installing a fence. at The Herring Houses Fort Island Road Derbyhaven Isle Of Man IM9 1TZ .

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 proposed access works shown on the approved plans drawing no 105 Rev D must be completed before first use of the proposed access and retained thereafter. Reason: In the interests of highway safety
• 3. The existing access shall be blocked up within 3 months of the completion of the new access with finish and height to match existing and a pedestrian gate as shown on the proposed site plan drawing no 105 Rev D.

Reason: For the avoidance of doubt and to ensure there is only one vehicle access in the interests of highway safety.

This approval relates to the following drawings and documents received 08 October 2024: Drawing Location Plan and Site Plan Drawing Proposed Site Plan Drawing Design Visibility Splay Drawing Elevations Drawing Vehicle Tracking

This decision has been made for the following reasons(s) It is considered that the proposal will have an acceptable impact on the character and appearance of the area and would not have detrimental impacts on the living conditions of those in adjacent properties, satisfying the requirements of General Policy 2 and would improve accessibility and is acceptable from a highway safety perspective complying with policy TP6.

Date of Issue: 31st December 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 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