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Sarah Corlett Town Planning Consultancy Ltd Miss Sarah Corlett Ballachrink Croft Ballacorey Road Bride IM7 4AW
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 & Mrs Donal and Madgalena Carroll, Ref 23/00640/B, for the Erection of a building for the storage of items associated with the maintenance of the site at Riverside Barn King Edward Road Onchan Isle Of Man IM4 6AB .
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.
Reason: To take account of the particular planning circumstances of the development hereby approved and to safeguard the character of the countryside of the Island from unwarranted built development.
A bat box shall be installed high up on the south east, while the second bat box shall be installed on the south west elevation. The bird box shall be installed high up on a north elevation of the proposed building.
The development shall not be carried out unless in accordance with the approved details, and shall thereafter be permanently retained as such.
Reason: To provide adequate safeguards for the ecological species existing in the locality.
Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.
Reason: The building has been exceptionally approved solely to meet woodland management need and its subsequent retention would result in an unwarranted intrusion in the countryside.
This decision relates to the documents and plans received 23 May 2023, additional information/Amended Plans received 5 September 2023, and additional information/Amended Plans received 9 January 2024.
This decision has been made for the following reasons(s) The proposal is not considered to have an adverse impact on the character and appearance of the countryside, and the works would enhance the nature conservation value of the site,
thus according with General Policy 3 (f), Environment Policies 1, 3, 4, 5 and 27. No material considerations have been identified which would justify refusal.
Date of Issue: 1st February 2024
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 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.
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