Decision Notice

Mr Chris Penketh 23 West Quay Ramsey IM8 1DL

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 Brian Kelly, Ref 24/91292/B, for the Erection of detached garage and garden store at Starley Cottage Port Lewaigue Ramsey Isle Of Man IM7 1AJ .

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 garage/ garden store above hereby approved shall only be used only in association with the main dwelling house "Starley Cottage" and for purposes incidental to the use of main dwelling house "Starley Cottage" as a single dwelling and not for commercial purposes.

Reason: the dwelling is within a single residential plot within an area not designated for development and has only been considered acceptable for the reasons identified within the application. The application does not propose to create separate units within the site and has not been considered as such.

• 3. The building shall be used only for the storage of private motor vehicles, bicycles and items associated with the maintenance and occupation of the site as a whole, including land in the occupants' ownership. Reason: to accord with the justification provided by the applicant for the building.
• 4. If the use of the garage/ garden store hereby approved ceases for period exceeding 12 months, the building and any supporting base shall be removed and the ground restored to its former condition within 3 months of the date of the cessation, unless a time is otherwise approved in writing by the Department.

• Reason: The building has been exceptionally approved solely to meet a personal need and its subsequent retention would result in an unwarranted intrusion in the countryside.
• 5. Prior to being brought into use, the proposed workshop/garage shall be painted green and retained as such thereafter. Reason: In the interests of the visual amenities of the area.
• 6. 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 free standing structure can be erected in the residential curtilage.

Reason: To control the proliferation of freestanding structures, which will reduce the openness of the site into the additional residential curtilage approved under this application.

• 7. The additional tree planting as shown in drawing No. 24 1845 02, dated Sept 24 must be carried out in the first planting following the completion of the development or the occupation of the development, whichever is the sooner.

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.

The hard landscaping works (additional driveway) shall be completed in full accordance with the approved details prior to the first operation/occupation of the development thereby permitted and retained thereafter.

Reason: To ensure the provision of an appropriate landscape setting to the development. This decision relates to the following plans and drawings, date stamped received on 12th December 2024;

• o Drawing No. 24 1845 01
• o Drawing No. 24 1845 02
• o Drawing No. 24 1845 03
• o Drawing No. 24 1845 04
• o Drawing No. 01
• o Site Photographs

This decision has been made for the following reasons(s) Whilst the workshop/barn does not fit within General Policy 3, garages & garden stores are a common feature within residential curtilages. The garage/ garden store is larger than a 'normal' garage but on balance it is considered there will be a minimal impact on the overall streetscene. Several conditions are proposed to help mitigate any possible impact the workshop/garage could have on the neighbouring properties and with the possibility of severance from the main dwelling.

Date of Issue: 16th April 2025

J CHANCE

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

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