DEC Decision Notice

McGarrigle Architects Limited McGarrigle Architects Limited 19 Mount Havelock Douglas, Isle of Man IM1 2QG

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 David Corrin, Ref 23/01149/B, for the Demolition of the existing garage and the erection of a two bedroom dwelling with associated hard and soft landscaping with surface and foul drainage all as an amended drawings application relating back to approved application reference PA 20/00729/B at Land North Of Fo Chronk Station Road St Johns Isle Of Man IM4 3AH .

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. Notwithstanding the Air Source Heat Pump (ASHP) specification brochure details provided as part of the application, any installation of an ASHP in the position as shown on the submitted plans must not result in a noise that exceeds 42 dB LAeq 5 mins.

Reason: in the interest of neighbouring amenity and noise impacts and to align the ASHP with those noise standards accepted under Town and Country Planning (Permitted Development) Order 2012 (updated 2019).

• 3. Prior to the occupation of the new dwelling the proposed bathroom window to the first floor east elevation of the ensuite; shall be glazed with obscure glass to Pilkington Level 5 or equivalent and permanently retained as such thereafter.

Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.

• 4. Prior to the occupation of any part of the dwelling details and sample information for the slates, stone and timber cladding to be used on the external facing roof and elevations,

and including the stone boundary wall along Station Road, shall be submitted to and approved in writing by the Department. The development shall be carried out in full accordance with the details approved details and within 12 months of first occupation.

Reason: The application has been assessed on this basis and as outlined in the submitted documents in the interests of the character and appearance of the site and surrounding area.

This approval relates to the following information all date received 11/10/2023:

• o drawing number EX-01
• o drawing number P-01 rev A
• o drawing number P-02 rev A
• o drawing number P-03 rev A
• o planning statement and an email from the agent dated 09/02/2024.

This decision has been made for the following reasons(s) Subject to conditions the changes to the proposal beyond the previous application would not increase or adversely impact the overall visual impact on the character and appearance

• of the area and would not significantly harm the use or enjoyment of neighbouring properties and therefore the application complies with Strategic Policies 1, 2, 4, 5 and 10, General Policy 2 and Environment Policy 22 of the Strategic Plan 2016 and would not be at odds with Residential Design Guidance or Environment Policy 35 or 42 of the Strategic Plan 2016.

Date of Issue: 1st March 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the 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.