DEC Decision Notice

Mr Gordon Clarke The Design Studio Ballaugh Glen Road Isle of Man IM7 5JD

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 Alan Green & Mrs Cheverl Traher, Ref 21/00295/B, for the Proposed Conversion of Existing Barns to Single Family Dwelling at Broughjairg Moar Broughjairg Moar Barns Main Road Ballaugh Isle Of Man IM7 5EX .

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 development shall commence until a preliminary assessment for roosting bats and breeding birds are undertaken on the buildings to be converted by a suitably qualified ecologist which is in line with Section 9.2.4 of the British Standard Biodiversity - Code of Best Practise for Planning and Development (BS 42020:2013). The bat survey shall identify impacts on bat/bird species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the bats and birds.
• 3. 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, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.

• 4. The sunroom (without courtyard area) hereby approved shall have timber or aluminium framing coloured/painted in a dark grey colour and be retained as such thereafter. Reason: In the interests of visual amenities of the existing building.
• 5. For the avoidance of doubt no approval is hereby given for the erection of a barn/new access/lane within filed Nr 220977 (north east of site).

Reason: the planning application was for the conversion of the barn only and has been considered on this basis only.

This approval relates to the submitted documents and drawings all received on: 02.04.2021

• 993.01
• 993.02 Design and Access Statement / Structural Report 13.04.2021
• 993.03A

07.05.2021 993.05

NOTE Bats are listed on Schedule 5 of the Wildlife Act 1990; they are protected by law and it is an offence to:

intentionally or recklessly kill, injure or take a bat intentionally or recklessly damage or destroy, or obstruct access to , any structure or place

which bats use for shelter or protection

intentionally or recklessly disturbs any bat while it is occupying a structure or place which it uses for that purpose. The maximum penalty that can be imposed is a fine up to 10,000 pounds. All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to:

intentionally or recklessly kill, injure or take any wild bird intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in

use or being built intentionally or recklessly take or destroy the egg of any wild bird intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building,

or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds. The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins. This decision has been made for the following reasons(s) The conversion of the existing barn would not adverse visual impact upon the amenities of the countryside setting and landscape and have no unacceptable impacts upon private or

public amenities and therefore comply with HP 11 and EP 1, 2, 3, 4 & 5 of the IOM Strategic Plan.

Date of Issue: 30th June 2021

Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management 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.