DEC Decision Notice

Mr Tony & Mrs Elaine Anne Milligan The Grange Station Road Ballaugh Isle Of Man IM7 5AH

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 Tony & Mrs Elaine Anne Milligan, Ref 23/00935/B, for the Variation of condition 1 for 94/00914/B to the proposed building must be used as accommodation ancillary to the Grange and must not be occupied as a dwelling in its own right and physical alterations which include re-slating of roof, replacing windows, creation of a patio, recladding of building, replacement of door, demolition of porch and installation of two flues. at The Grange Station Road Ballaugh Isle Of Man IM7 5AH .

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. The approved building must be used for the enjoyment (including as ancillary accommodation) of the Grange and must not be rented out or sold separately from the Grange.

Reason: the application is assessed as additional amenity to a dwellinghouse (the Grange) and the approval is granted on this base.

• 3. No development shall be commenced until a hard and soft landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details, at least relates to the boundary between the Grange and The Glebe House, of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; a planting specification to include numbers, density, size, species and positions of all new trees and

shrubs; the location of grassed areas details of the hard surface treatment of the open parts of the site and a programme of implementation.

All hard and/or soft landscaping works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Department. 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. All hard landscape works shall be permanently retained in accordance with the approved details.

Reason: In the interest of safeguarding the amenities of neighbouring properties and to ensure the provision of an appropriate landscape setting to the development.

This approval relates to the documents, planning statement, Site and Location Plan, Elevations and Floor Plan, Registered Tree Plan, Slate Type Comparison and photos date stamped as having been received on 1st August 2023.

This decision has been made for the following reasons(s) The proposal does not have an adverse impact on the character of the area. There are no unacceptable additional impacts on neighbouring properties and the annexe remains ancillary to a main dwelling within proximity. Given these, it is considered to comply with General Policy 2 of the Strategic Plan and the Residential Design Guide July 2021. Therefore, it is recommended for an approval.

Date of Issue: 21st February 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Acting Head of Development Management 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.