DEC Decision Notice

WS Planning & Architecture 5 Pool House Bancroft Road Reigate RH2 7RP

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 Paul & Mrs Charlotte Walker, Ref 23/01418/B, for the Demolition of existing and erection of a detached dwelling with double garage and ancillary accommodation with associated landscaping and driveway at Grenaby House Foxdale Road Ballasalla Isle Of Man IM9 3DR .

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 commencement of development on site, including any works of demolition, full details and samples of the materials to be used for the walls and roofs of the development, hereby permitted, shall be submitted for approval in writing by DEFA Planning. The samples shall include a wall panel of at least 1.0m2 in area showing the proposed stonework for the walls including the layering, bonding, and mortar to be used. Thereafter, the walls of the development shall be constructed in the manner and materials as shown on the sample board.

Reason: To ensure that high quality materials are used for the replacement dwelling to preserve the character of the site and impart a high quality finish in the interests of visual amenity.

• 3. Prior to the commencement of development on site, including any works required for demolition, a Tree Protection Plan showing trees to be retained protected by 'Heras' fencing shall be submitted to and approved in writing by DEFA Planning. The protective fencing shall be installed to form a construction exclusion zone in accordance with BS5827:2012. Such fencing shall be retained in the positions shown throughout the

construction period for the development, hereby permitted. At no time before, during or after the construction period, when the fencing has been removed, shall any construction materials, machinery, liquids or fuel be stored within any of the 'Construction Exclusion Zones' shown and annotated as such on the Tree Protection Plan.

Reason: To ensure that trees to be retained on and around the site are protected throughout the construction period.

• 4. Prior to the commencement of the development, hereby approved, details of proposed biodiversity measures details of the positions of bird bricks (swallow cups) and Bat boxes shall be provided ensuring that they are not placed above opening windows. They shall be placed on the north and east elevations under the eaves, to the side of any windows, and thereafter, shall be permanently retained and maintained.

Reason: To minimise any disturbance to nesting birds and Bats from occupants of the dwelling opening and closing windows.

• 5. Prior to the first occupation of the development, hereby approved, a Landscaping Strategy shall be submitted to and approved in writing by the Department. The Landscaping Strategy shall include details of all hard landscaping and any gate, wall or fence to be erected on the site; of all planting and sowing, including size, species and numbers of trees and plants, ground preparation, management and maintenance, and measures to encourage and enhance the biodiversity of the site. The trees to be planted shall be Heavy Standard Trees of 12-14cm girth, and no less than 300 - 350cm in height, and shall be Manx native species. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: To ensure that the development provides an attractive environment and compensates for loss of trees, hedges and other habitats, in accordance with Policy GP2 b) c) and d); and, Environment Policy 1 in the Adopted Isle of Man Strategic Plan (2016).

• 6. Details of foul and surface water drainage provision to serve the development, hereby approved, shall be submitted to and approved in writing by the Department. Such approved drainage scheme shall be installed prior to the development hereby permitted being first occupied and shall thereafter be retained and maintained at all times.

Reason: To ensure that the site is adequately drained and does not increase the risk of flooding elsewhere.

• 7. 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 dwelling(s) hereby approved, or the erection of any garage, shed or other outbuilding within the curtilage of the property 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.
• 8. The annex accommodation, hereby approved, as part of this development shall not be occupied at any time other than for purposes incidental to the residential use of the

replacement dwelling at Grenaby House, and shall not be occupied as an independent dwelling unit.

Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.

• 9. Prior to the first occupation of the dwelling, hereby permitted, the parking spaces shown on the approved site layout plan, and those within the garages shall be provided and made available for the parking of vehicles and such provision shall thereafter be maintained for the lifetime of the development.

Reason: To ensure that adequate on-site parking provision is provided and maintained for the dwelling in the interests of highway safety.

• 10. Prior to the first occupation of the dwelling, hereby permitted, provision shall be made within each garage for the charging of electric vehicles, and such provision shall thereafter be maintained for the lifetime of the development.

Reason: The provision of electric vehicle charging points will aid the net zero objectives as outlined in the Isle of Man Climate Change Plan (2022 - 2027).

• 11. Prior to the first occupation of the dwelling, hereby approved, the existing central heating oil tank shown as being retained on Drawing No. 01/Rev. H shall be removed from the site.

Reason: A ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025, and the retention of the existing oil tank would be contrary to this Island-wide ban, which is being introduced to minimise the impacts of fossil fuel use on the effects of climate change.

The development hereby permitted, shall be carried out strictly in accordance with the following approved plans and details: Planning Application Submission Date stamped received: 15th December, 2023 01 Walker - 236808 - L01 Location Plan; Amended Drawings/Documents Date stamped received: 9th April 2024

• 23 Walker - 236808 - 01 Proposed Site Plan - Rev H;
• 24 Walker - 236808 - 04 Elevations - Rev L;
• 25 Walker - 236808 - 04a-1 Coloured Elevation - Rev G;
• 26 Walker - 236808 - 04a-2 Coloured Elevation - Rev E;
• 27 Walker - 236808 - 05-1 Outline Section - Rev E;
• 28 Walker - 236808 - 05-2 Outline Section - Rev C;
• 29 Walker - 236808 - SS01 Proposed Site Sections - Rev D;
• 30 Walker - 236808 - X01 Floor Plans - Rev L;

This decision has been made for the following reasons(s) The proposed replacement dwelling and overall floor area proposed, is considered to be acceptable in comparison to that of both the existing dwelling and the PA/20/01077/B approved replacement unit. This would represent an approximate increase in floor area of 57.4%.Whislt this increased floor area fails to strictly accord with the provisions of Policy HP14, the extant PA20/01077/B consent proposed a replacement dwelling with a floor area of 55% of that of the original unit; and, was of a contemporary design over two floors. Given the fact that the latest dwelling would be only 2.4% larger in floor area than the PA20/01077/B proposal, the principle of development is accepted.

The site is located in a prominent location in the open countryside and is receptive to views from both Grenaby Road and Foxdale Road. The contemporary design of the replacement dwelling proposed and the movement of the dwelling on site closer to Grenaby Road to construct it would, on balance, not be out of character with the landscape in which it would sit, and whilst being modern and to some extent, innovative, (use of building materials and triple glazing to maximise insulation and minimise heat loss), and the use of Solar PV Panels, which the applicants Design and Access Statement has referred to; plus, the consideration of the previously approved, extant permission for a contemporary design for a replacement dwelling on the site, render the proposal acceptable. As such, the proposals are considered to conform with the provisions of Strategic Policy 5, General Policy 2 parts b) and c); and, Environment Policy 1, in the Isle of Man Strategic Plan 2016.

Date of Issue: 22nd May 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.