DEC Decision Notice

Makar Ltd Clachandreggy Dores Road Inverness IV2 6DJ

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 & Mrs Hannah Le Couteur Thomas, Ref 20/01116/B, for the Erection of a replacement detached dwelling with associated access, increase of residential curtilage within adjacent field to provide a parking area and erection of a barn at Fern Villa & Part Fields 410213 & 410216 Ballakillowey Road Colby Isle Of Man IM9 4BW.

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 any works an Energy Statement shall be submitted and approved in writing by the Department (Planning and Building Control Directorate) which demonstrates the new dwelling has a Standard Assessment Procedure (SAP) rating of at least 92 (or similar rating system) which can been achieved. The development shall be undertaken in accordance with these details.

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

• 3. The development shall be undertaken strictly in accordance with the avoidance, mitigation and compensation measures for wildlife as detailed in Section 8 of the Preliminary Ecological Appraisal (PEA) produced by the Island Biodiversity Consultants dated August 2020. The identified measures shall be adhered to and implemented in full and maintained thereafter.

• Reason: to ensure that the development has an acceptable impact on the ecology of the area including species protected under the Wildlife Act 1990, and Environment Policy 4 of the Strategic Plan.
• 4. The accesses, splays, parking and turning facilities must be provided in accordance with drawings P02A and P09 prior to the occupation of the dwelling as hereby approved and such must be retained as such thereafter. Reason: in accordance with highway safety.
• 5. No development may commence until such times as there has been approved in writing by the Department a tree protection plan which identifies the position of all existing trees together with a protection plan including construction exclusion zones, for the carrying out of the development works. The development must be undertaken in accordance with these details.

Reason: to avoid the unwarranted and unapproved loss of trees as part of this development.

• 6. 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 dwelling, 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.

• 7. The outbuilding hereby approved may be used only for agricultural purposes and/or the storage of items associated with the maintenance of the site which are the areas edged red and blue on the plan reference P06A received on 23rd November, 2020.

Reason: the building is justified on grounds of ecological and agricultural maintenance as set out in the application.

• 8. Prior to the erection of the outbuilding as approved the applicant must have approved in writing by the Department details of the colour of the roofing of the outbuilding and the development must be implemented and maintained in accordance with the approved details. Reason: to minimise the visual impact of the outbuilding in the landscape.

This decision relates to drawings P02A, P06A ans P09 all received on 23rd November, 2020; P07 and P08 both received on 28th October, 2020; P00A received on 8th October, 2020 and P01, P03, and P05, the Protected Species Preliminary Ecological Appraisal, Flood Risk Assessment and Manx Bat Group Bat Assessment all received on 21st September, 2020.

NOTE The applicants' attention is drawn to the provisions of the Wildlife Act 1990 in particular in respect of the protection of nesting and breeding birds which may be affected by the timing of the works including site clearance.

This decision has been made for the following reasons(s) Whilst the replacement dwelling is not a traditional design, it is considered that the proposal will have an acceptable environmental impact, taking into account both the physical and

visual impact of the property on the environment as well as the impact through energy efficient and environmentally friendly materials and as such the proposal, including the proposed barn which will assist the implementation of the management of the remainder of the site in an ecologically friendly manner, is considered to accord with Environment Policies 1, 4, 7, 10, 13 and 15, Housing Policies 12 and 14 and General Policy 2.

Date of Issue: 17th February 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.