DEC Decision Notice

Denning Millar Projects Ltd Ballacrebbin Farm Bernahara Road Andreas Isle Of Man IM7 3HU

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 Gordon Brew, Ref 21/00185/B, for the Conversion of existing barn to residential use and alterations and erection of an extension to dwelling at The Driney Laurel Bank St Johns Isle Of Man IM4 3NL .

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. Any tree felling approved shall be undertaken in line with the soft felling methodology detailed in section 7 of the submitted bat report dated 20th July 2021 (Manx Bat Group). In addition, should bats be found in the course of the work, a member of the DEFA Ecosystem Policy Team should be contacted as soon as possible.

Reason: To ensure the biodiversity of the site is protected in accordance with Environment Policy 4.

• 3. The visibility splays identified on drawing nos. P06a and P07a shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1.05 metres in height above adjoining carriageway level. Reason: In the interests of highway safety.
• 4. The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only.

• Reason: In the interests of highway safety.
• 5. Prior to the commencement of the development hereby approved an Arboricultural Method Statement (AMS), supplementing the approved outline protection plan (Drawing TP-

230421) and adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department. The AMS should provide further detail on the protection measures to be implemented during the construction phase and address how the project arboriculturist and/or construction manager will carry out arboricultural site monitoring, including a schedule of specific site events requiring input or inspection. The agreed protection measures and supervision procedures shall be adhered to in full.

Reason: to provide a level of technical detail and a guarantee of site supervision sufficient to provide a high level of confidence in the outcome for retained trees on the site.

• 6. Prior to the commencement of the development hereby approved a detailed tree planting plan, supplementing the approved outline planting plan (drawing P09), shall be submitted to and approved in writing by the Department. The planting plan shall include the following details: a. the exact location, species, nursery specification and planting specification of the trees to be planted. Where groups or larger areas are to be planted please state the area and planting density. b. the approximate date when they are to be planted c. how they will be maintained until successfully established. The tree planting shall take place as agreed and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.

Reason: to ensure an appropriate standard of visual amenity in the local area and that the development is appropriately landscaped to sit comfortably and acceptably in its location.

• 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 garages or other free standing buildings 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.
• 8. 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 fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• 9. 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 garden sheds or summerhouses shall be erected or placed 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.

• 10. 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 greenhouses or polytunnels shall be erected or placed 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.
• 11. A plan or drawing showing the details of the at least 2 integrated bat boxes to be built into the new extension shall be provided to the Department for written approval prior to the commencement of above ground works on the development.

Reason: To ensure the biodiversity of the site is protected in accordance with Environment Policy 4.

• 12. Prior to the commencement of the development hereby approved details of the windows and doors shall be submitted to and approved by the Department and these approved plans be full adheard to and retained thereafter. Reason: In the interest of the visual amenities of the existing buildings. This approval relates to the following plans and drawings, received on 12.02.2021:

• P00 - Site Location Plan

• P02 - Proposed Plan
• P03 - Proposed Elevations and Sections

• P08 - Workshop plans and elevations

The following revised plans and drawings received on 29.04.21: P01a - Revised Site Plan (29.04.21)

• P06a Proposed Site Access Geometry 1/2
• P07a Proposed Site Access Geometry 2/2

• P09 Proposed Tree planting (25.06.21).

NOTE The applicant is advised to secure a S109A agreement from DoI Highway Services in relation to any works affecting the adopted highway.

NOTE Should bats or evidence of bats, or nesting birds, be discovered before or during the works then work must stop and advice be sought from the DEFA Ecosystem Policy Team.

NOTE Regarding condition 11, the boxes should be installed high up under the eaves of the new extensions and located on different elevations to provide the bats with different roosting conditions and opportunities. At least 1 box should be installed on a southerly elevation.

This decision has been made for the following reasons(s) The proposal would sympathetically renovate and reuse existing rural buildings without substantial harm to the character and appearance of the open countryside, the local environment and ecology, or the highway network. The proposal is considered to accord with General Policy 3, Environment Policies 1,2 and 4, Housing Policies 11 and 13 and Transport Policy 7 of the Isle of Man Strategic Plan and is recommended for approval, subject to conditions as outlined above.

Date of Issue: 23rd September 2021

Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

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 £295); 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 £110). 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.