DEC Decision Notice

Mr Brian Kinvig 5 Ballalough Andreas Isle Of Man IM7 4HS

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 Kinvig, Ref 21/01314/B, for the Creation of new vehicle access and alterations to existing access at Field 224051 Bollyn Road Ballaugh Isle Of Man .

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).

The development as carried out shall be maintained strictly in accordance with the following Drawings and details:

Drawing - Site Location Plan showing site edged red at scale 1:2,500; Drawing - Site Location Plan showing existing and proposed access points onto Bollyn Road at scale 1:1,250; Drawing - Site Location Plan showing visibility splays for new access onto Bollyn Road at scale 1:500; 4 No. photographs of site access points and adjoining residential access points date stamped 18/10/2021; Copy of adoption Road Plan by DoI showing roads D13 and D63 in brown;

all as date-stamped received on 21st October, 2021. This decision has been made for the following reasons(s) It is considered that overall the works as carried out to create the new field access onto Bollyn Road, close-up the existing access and to widen the further existing access closest to Ballaugh Beach Car park are acceptable as carried out and that retrospective planning permission should be granted. As such, the proposals accord with the provisions of Policies SP1 b), SP3 b), SP4 b) GEN2 b), c), d), e), f), g), i); ENV1; ENV2; ENV5; ENV22 iii); ENV23; and, T4 of the Isle of Man Strategic Plan 2016.

Date of Issue: 19th June 2024

J CHANCE

Director of Planning and Building Control

Guidance Note

This decision was made by the Director of Planning and Building Control 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

if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £125). Where the appeal is submitted by the applicant they must:

specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and

Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

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.