Decision Notice

Savage & Chadwick Armitage House Lord Street Douglas Isle Of Man IM1 1LE

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

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 Mark Quirk, Ref 15/00785/B, for the Variation of condition 2 of PA 13/00918/A Approval in principle for erection of a dwelling and equestrian centre to extend the period of permission by two years at Springwaters Ballamodha Straight Ballamodha Ballasalla Isle Of Man IM9 3AZ subject to compliance with the following condition(s) and notes (if any) :

• 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

• 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• 3. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

• 4. The elevations of the proposed buildings which face east must be finished in stone, as shown in the submitted drawings. REASON: To reduce the visual impact of the development.
• 5. The application for the reserved matters must include provision for the blocking off of the access from the site including Close Clark such that all access from the site is through the new access proposed as part of this application onto the A3.

• REASON: In the interests of highway safety.
• 6. The development hereby approved may be taken up only by the applicant, Mr. Quirk and the first occupation of the house and equestrian facilities hereby approved must be by the applicant described above together with any dependants thereof.

REASON: The proposal is contrary to Housing Policy 14 and an exception is being made on the basis of the particular circumstances of the applicant in relation to economic benefit.

• 7. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012, no garage, shed, greenhouse, polytunnel, car port, flagpole or extension to the dwelling may be undertaken without written permission from the Planning Authority in the form of a planning approval. REASON: To control the visual impact of the development.
• 8. Prior to the commencement of any other works on site, the new access, complete with visibility splays of 2.4m by 215m in each direction must be formed and available for use and the existing access from the site to the lane alongside Close Clark must be closed off to vehicular traffic. All construction traffic and occupants and users of the site must thereafter only use the proposed new access as a means of entering and exiting the site. REASON: In the interests of highway safety.
• 9. The equestrian facilities hereby approved may be used only as private facilities incidental to the occupation of the main dwelling, and may not be used by the public or for commercial purposes.

REASON: To control the amount of traffic using the proposed new access in the interests of highway safety.

This approval relates to drawings SC1197-P-10-01, SC1197-P-10-02, SC1197-P-10-03B, SC1197-P-10-04, SC1197-P-10-05, SC1197-P-10-06 and SC1197-P-12-01 all received on 13th July, 2015.

Date of Issue: 15th December 2015

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it in the name of the Minister and/or in the name and on behalf of the Department.

This permission refers only to that required under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

•  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2015 (currently £165);
•  The reasons for making the appeal; and
•  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

The proposed development must not be commenced until either;

•  The time for requesting an appeal has expired; or
•  Any appeal has been determined;

Whichever is the later.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom

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.