DEC Decision Notice

Mr Jason & Mrs Leona Price Hillside Cottage Ballavale Road Santon Isle Of Man IM4 1EH

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 Jason & Mrs Leona Price, Ref 20/01473/B, for the Alteration and erection of two storey extension and erection of detached garage with ancillary living accommodation above. at Hillside Cottage Ballavale Road Santon Isle Of Man IM4 1EH.

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 approval is granted to the creation of the additional parking spaces shown on drawing JPL_01 or the alterations to the existing garage as shown in drawings JPL_04. The existing garage must remain as shown in the drawing JLP_02 with garage space on the ground floor behind the two garage doors and the remainder of the building to be used only as accommodation which is ancillary to that of the main house, Hillside. Reason: to clarify the extent of the approval.
• 3. The garaging and accommodation proposed in the new building and shown in drawing JPL_03 may be used only for the proposed incidental to the enjoyment of the main house, Hillside, within the site defined in red on drawing JPL_01. No separate curtilage shall be formed and the residential annex shall at no time be used as an independent dwellinghouse without the express grant of planning approval from the Department.

Reason: The application has been assessed only in terms of this restricted use and to ensure that no new dwelling in the countryside is created which would be contrary to Strategic Policy 2, Spatial Policy 5 and Housing Policy 4 of the Strategic Plan 2016.

This decision relates to the following drawings: JLP_01 insofar as it defines the site, JLP_02 and JLP_03 all received on 4th December, 2020.

This decision has been made for the following reasons(s) It is considered that the alterations to the dwelling comply with Environment Policies 1 and 2 and Housing Policy 16. It is considered that the erection of the garage will accommodate living space which is limited in area and whose visual impact would be acceptable, thus according with Environment Policies 1 and 2.

Date of Issue: 5th 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.