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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 Oliver Blaker And Eleanor Kelly, Ref 25/90305/B, for the Erection of dwelling and attached garage at Land West Of Merrion Park Old Castletown Road Port Soderick Isle Of Man IM4 1BB .
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).
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.
The scheme shall include details of the complete driveway surface, all new walls including the gateposts, fences, Manx banks, trees, hedgerows and any other boundary treatments and shall also include a planting specification [numbers, density, size, species and positions of all new trees and shrubs] along the boundaries, and the inclusion of some native species nesting boxes, and a programme of implementation.
The works shall be carried out in accordance with the programme agreed within the first planting season following the completion or occupation of the development whichever comes first. The scheme shall be maintained and retained thereafter.
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 with the same species within the next planting season unless otherwise approved in writing by the Department and retained thereafter.
Reason: To ensure the provision of an appropriate landscaping and ecology mitigation for the new hard surfaced areas resulting in the loss of natural landscape and in the interest of visual amenity and highway safety.
From its junction with the public highway, the first 6m of the site access should be bound and consolidated and conditioned as such
The gates should open inwards and be set back from the junction with the public highway a minimum of 5m.
The visibility splays shall be constructed in full accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
The appliances shall 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.
Reason: To control development in the interests of the visual and neighbouring amenities of the surrounding area.
This decision relates to the following Plans, drawings and detail received on the 20th of March 2025; unless stated otherwise.
NOTE The Ecosytem Policy Team observed Montbretia Crocosmia × Crocosmiiflora on site. Montbretia is a non-native invasive plant species listed on Schedule 8 Part II of the Wildlife Act 1990. Activities which resulted in the spread of this plant into the wild would be an offence.
Prior to any clearance responsible working methods to manage removal of the existing species should be set out and all workers associated with the development made aware to ensure that the plant is not spread and so that an offence under the Wildlife Act 1990 is not committed.
If soil from the existing bank is used to seal up the old gateway then the applicants must ensure that all Montbretia plant material, including underground corms and roots are removed first. The bank should be excavated 0.5m below ground and 0.5m around where the plant is present in order to ensure that all underground plant material is collected and the soil to be reused should also be passed through a soil sieve.
Care must also be taken to ensure that Montbretia is not spread via vehicles and equipment, which should be checked after use, with any plant remnants collected and disposed of as above.
Soil containing the species and any remnants of the species should be securely bagged and sealed and sent to the incinerator for burning; alternatively it can be wrapped in geotextile and buried under areas due to be covered with concrete.
NOTE In accordance with the Highways comments the applicant is made aware that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.
NOTE An s109 agreement is required for access connections onto the adopted highway. You should contact the Department of Infrastructure.
NOTE FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), came into force on the 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This decision has been made for the following reasons(s) Due to the position, scale and overall design the proposal would not cause harm to the character of locality nor harm residential amenity. Therefore subject to approval of the conditions the proposal is considered to accord with Strategic Policy 5, General Policy 2, Environment Policy 22, Energy Policies 3 and 4, of the Isle of Man Strategic Plan 2016 and the Residential Design Guide (2021), Planning Circular 3/91 and Manual for Manx Roads.
Date of Issue: 1st July 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 —
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
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