DEC Decision Notice

Ellis Brown 12 Strathallan Crescent Queens Promenade Douglas IM2 4NR

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 Environment, Food and Agriculture determined to APPROVE an application by Mark Watson, Ref 19/00949/GB, for the Conversion of farm outbuildings to 5 tourist units with associated parking (in association with PA 19/00950/CON) at Glyn Moar Outbuildings Glen Mooar Road St Johns Isle Of Man IM4 3AQ.

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. Prior to the installation of any external lighting on the site (whether for security, decorative, directional or any other purpose), details are to be submitted to and approved in writing by the Department. Thereafter, any external lighting is to be installed in accordance with the approved details.

Reason: To ensure that the amenity of neighbouring properties and wildlife habitats are not adversely affected by the development.

• 3. The development hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as a separate dwelling (or dwellings). The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.

Reason: To ensure that the development is only used and occupied as short let holiday accommodation and to prevent the creation of an unjustified separate dwelling (or dwellings) in the countryside.

• 4. Prior to any works being undertaken relating to the roof, gables or eaves, including any roof preparation or clearance works, a bat mitigation plan including a method

statement for construction works on or around the roof spaces shall be submitted to and approved in writing by the Department. These details shall include but are not limited to the following:

• o Timing of works
• o Details of supervision and checks by a suitably qualified ecologist - before, during and on completion of works
• o Details of at least 2 bat boxes suitable for crevice dwelling bats to be installed and details of their timing of installation
• o Detail about how construction works are to be carried out - such as isolation of loft areas, continued access by bats, creation of a new bat access points (including type, location and number of access points)
• o Details of roofing membranes to be used
• o Details of the steps that will be taken should bats be found during works
• o Detail of how contractors will be made aware of the presence of bats and the mitigation plan to be worked too. The works shall be carried out in full accordance with the approved details unless alternative details are first submitted to and approved in writing by the Department. Reason: To ensure suitable mitigation is in place to safeguard bats.

• 5. Notwithstanding previously submitted tree removal plan TR-24119D1, no trees shown to be retained on Proposed Site Plan 18/2742/14N are to be removed as part of the works hereby approved.

Reason: To ensure that the existing trees on the site, and the habitat that they provide to local wildlife, are not adversely affected by the development.

• 6. Prior to the commencement of the works hereby approved, a tree protection plan is to be submitted to and approved in writing by the Department. Thereafter, the tree protection plan is to be adhered to in full for the duration of the works. Reason: To ensure that the existing trees on the site are adequately protected.
• 7. Prior to the occupation of any of the tourist units hereby approved, the access driveway and car parking areas shown on drawing 18/2742/14N are to be completed and available for use. Thereafter, the access drive and car parking areas are to remain available for use by the occupants of the tourist units.

Reason: to ensure that highway safety and the amenity of the existing house are not adversely affected by the development.

• 8. Prior to the occupation of any of the tourist units hereby approved, a landscaping scheme is to be submitted to and approved in writing by the Department. Thereafter, all landscaping shall be carried out in accordance with the approved details. 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. Reason: to ensure the provision of an appropriate landscape setting to the development.
• 9. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the units hereby

approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area. This decision relates to drawings;

• 18/2742/01G received 3.6.2021,
• 18/2742/02 received 28.8.2019,
• 18/2742/03 received 7.8.2020,
• 18/2742/04 received 28.8.2019,
• 18/2742/05 received 28.8.2019,
• 18/2742/06 received 28.8.2019,
• 18/2742/07M received 8.11.2022,

together with drawings 18/2742/08M, 18/2742/09F, 18/2742/10F, 18/2742/11G, 18/2742/12F, 18/2742/13F, 18/2742/14N all received 15.4.2024.

NOTE In addition to the specific conditions attached to this decision, the applicant is reminded of their responsibilities under the Wildlife Act 1990 in respect of Bats, Birds, Japanese Knotweed and any other wildlife found to be present during the course of the works hereby approved.

This decision has been made for the following reasons(s) The application meets the statutory test within section 16 of the Act as the special interest of the existing buildings is being preserved. The harm caused by the interventions is judged to be offset by the restoration and repair works proposed to the historic fabric, and overall the proposals are therefore judged to preserve the special interest. The application is also in accordance with general policy 3, strategic policy 4 and environment policies 1, 16 and 32 of the strategic plan as the setting and special interest of the registered buildings are being protected and preserved, the development will convert redundant rural buildings which are of architectural and historic interest, and the development would not adversely affect the countryside. Although concerns have been raised regarding the increased traffic, highway safety, increased noise and lighting, the scheme has been amended to address these concerns and the scheme now proposed is judged to comply with the policies listed above. Conditions have been added to ensure that the proposals do not result in an adverse impact on the locality in relation to the factors raised. The application is therefore judged to be acceptable.

Date of Issue: 22nd May 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner 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 led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Implementation The decision does not become final until either Any appeal has been concluded; or 21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (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 must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: the grounds for making the appeal; payment of the planning appeal fee (currently £335); and

election to have the appeal conducted by means of an inquiry(a hearing) or by means of written representation. Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated. An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) 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.