DEC Decision Notice

Architecture In Mann The Design Studio 76 Summerhill Road Onchan IM3 1NH

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 Walker, Ref 20/01077/B, for the Erection of detached dwelling with triple garage and ancillary accommodation above with associated landscaping, driveway and new vehicular access at Grenaby House (formerly Thie Vane) Junction At Foxdale And Grenaby Roads 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. No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees (a tree protection plan) are prepared in accordance with British Standard BS5837:2012 - Trees in relation to Design, Demolition and Construction - Recommendations and agreed in writing by the Department. These measures shall be carried out as described and approved. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.

Reason: to ensure that no trees which are shown as being retained on the proposed drawings are removed as part of the development and so that the development is undertaken in accordance with the approved drawings.

• 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 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 the location of grassed areas, details of the hard surface treatment of the open parts of the site, the location and species of all new vegetation to be

planted and a programme of implementation. The development must be undertaken in accordance with these details.

Reason: To ensure the provision of an appropriate landscape setting to the development.

• 4. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.

• 5. Prior to the commencement of any works an Energy Statement shall be submitted and approved in writing by the Department (planning) which demonstrates the new dwelling can achieve a Standard Assessment Procedure (SAP) rating of at least 97 (or similar rating system) can been achieved and the development must be undertaken in accordance with these details and achieve this level.

Reason: A reason why the application is considered acceptable is due to the overall environmental impacts as outlined on Housing Policy 14 and namely the eco efficiency credentials of the new dwelling.

• 6. 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 to the dwelling nor garages or car ports shall be erected within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• 7. Prior to the commencement of works, the applicant must have approved in writing by the Department a scheme of details of all external finishes, green roofing and green walling, using native species where practicable and for the maintenance thereof once planted along with details of any external lighting and the development must be undertaken in accordance with these details.

Reason: the finishes are a significant element of the scheme and must be installed and successfully maintained in order for the development to be undertaken in accordance with the proposed drawings.

• 8. The development hereby approved may be used only as a single dwelling unit and no part of the proposed living accommodation may be sold or let out separately.

Reason: to ensure that the approval does not result in an additional dwelling in an area not designated for development.

This decision relates to drawings 01 and 02 received on 17th September, 2020 and 17014 03A, 17014 04A and 17014 05A all received on 8th December, 2020.

This decision has been made for the following reasons(s) The proposal is considered to accord with Housing Policies 12 and 14 and Environment Policy 1 of the Strategic Plan.

Date of Issue: 4th March 2021

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 £285); 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 £100). 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 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.