Decision Notice

Isle of Man

Government An:lig: Bilen Venn:

McGarrigie Architects Ltd 19 Mount Havelock Douglas Isle of Man IM1 2QG

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) (No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mr Christopher Walmsley, Ref 13/91009/B, for the erection of a replacement dwelling with associated external works and extension to residential curtilage at San Remo and part of field number 430597 Ballamodha Straight Ballamodha Ballasalla Isle of Man IM9 3AZ subject to compliance with the following condition(s):

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 dwelling and its replacement by a new dwelling with new access and landscaping, all as shown in drawings P-01 Rev A, P03, P-04 Rev A, P05, P-06, P-07, P-08 and 13TS004-01 Rev A all received on 28th August, 2013.
3. The dwelling hereby approved may be first occupied only by the applicant, Mr. Christopher Walmsley and his carers.
4. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
5. For the avoidance of doubt, the triangular piece of land to the south of the dwelling and divided from it by a road, whilst being a residential garden, does not form part of the curtilage of the dwellinghouse and therefore no development can be undertaken under the 'Town and Country Planning (Permitted Development) Order 2012 Schedule 1 Part 2 "Operations within the curtilage of a dwellinghouse".

Date of Issue: 16th October 2013 M Kallyher 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 permission refers only to that required under the Town and Country Planning (Development Procedure) (No 2) Order 2013.

In accordance with Article 8 of the same Order any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

Should you wish to appeal against this decision your request must be in writing, signed by you as appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal your request must contain:

• Payment of a planning appeal fee as prescribed in an order made by the Department under Section 1(1) of the Fees and Duties Act 1989 (currently £150);
• The reasons for making the appeal; and
• An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 25FTel (01624 685950) email; [email protected]