Planning Approval Decision Notice

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure) Order 2005

TO: Mr. and Mrs. A. Desmond, Ballasleig Beg Cottage, Ballafayle Road, Maughold, IM7 1EG; [Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the MINISTER for Infrastructure, following report by the appointed person, does hereby APPROVE the application by you for the demolition of existing garage and erection of a detached dwelling, Land adjacent to Okara, Crescent Road, Ramsey, subject to compliance with the following conditions:-

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval relates to the demolition of the existing garage and erection of a detached dwelling as proposed in the submitted documents and drawings SM09/205/1REV A and SM90/205/2 all received on 21st September 2009 and 13th April 2010, except for any departure from the drawings resulting from conditions 4 and 8 below.
3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval).
4. Notwithstanding the design of the rear landing window shown in the submitted drawings, no development shall be carried out until a scheme for redesigning this window has been submitted to the planning authority for approval. The re-designed window or windows shall be obscure-glazed (Grade 5), shall be non-opening, and shall not be altered in the future without the prior written approval of the planning authority. The development hereby permitted shall not be carried out other than in accordance with the approved scheme.

Continued overleaf/

Application No. 09/1554/B - ON APPEAL Ref: ITT/MC

1. Prior to any works on the proposed dwelling, there must be submitted to and approved by the Planning Authority detailed drawings, which show either a 1.8 metre high timber fence and/or a detailed landscaping scheme to reinforce the existing landscaping along the western boundary. Any trees or plants that within a period of five years from the completion of the development die, are removed, become seriously damaged or become diseased must be replaced in the next planting season with others of a similar size and species. This condition is to prevent any potential overlooking resulting in a loss of privacy from the ground floor windows into the neighbouring garden (1 and 2 Lheaney Close).
2. Prior to the occupation of the proposed dwelling, all works to the access arrangements and the hardstanding fronting to the dwelling shall be in place, to enable the required parking and turning provision in the interest of highway safety.
3. In the interests of highway safety visibility splays of metre visibility splays are required to be provided. Splays shall be kept clear of any object, vegetation, or other obstructions of a height exceeding 1.05 m above the land of the adjacent carriageway.
4. No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Planning Authority and these works shall be carried out as approved. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the proposed dwelling hereby permitted. All planting shall be carried out in accordance with the approved details in the first planting and seeding seasons following that first occupation. Any tree or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the Planning Authority gives written consent to any variation.
5. Those trees shown to be retained pursuant to condition 8 above, shall be protected in accordance with details to be submitted to and approved by the Planning Authority, prior to the commencement of any development.

Dated this 8th day of December 2010.

By Order of the Minister

Sea Terminal Building, Douglas, Isle of Man, IM1 2RF.

I. T. Thompson, Chief Executive

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.