DEC Decision Notice

Cornerstone Architects 79 Parliament Street Ramsey Isle Of Man IM8 1AQ

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 Duncan Cheadle, Ref 21/00479/B, for the Erection of an implement store and maintenance barn at Field 424750 Balladoole House Castletown Isle Of Man IM9 4PE .

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. The building must be used only for the storage of machinery for use in the maintenance of the associated land.

Reason: The countryside is protected from development and an exception is being made on the basis of need. As such the building must be used for the purposes for which it is approved.

• 3. The external walls and roof on the new building must be natural timber cladding on the vertical proportions and aluminium Standing Seam Roof and natural hardwood doors all being retained thereafter. Reason: In the interests of the character and appearance of the site and surrounding area.
• 4. There shall be no external storage of plant, machinery, materials or vehicles outside of the building identified on drawing referenced; No. 160, unless otherwise agreed in writing by the Department. Reason: To protect the character of the area and agricultural use of the land.

• 5. The building shall be for private (not commercial) use only and associated with Balladoole House and the land defined in red on plan No. 060 as submitted.

Reason: In view of the location of the site in this rural part of the countryside; the Department does not consider the site suitable for anything other than private use.

• 6. If the use of the building hereby approved ceases for period exceeding 3 months, the building and any supporting base shall be removed and the ground restored to its former condition within 6 months of the date of the cessation, unless a time is otherwise approved in writing by the Department.

Reason: The building has been exceptionally approved solely to meet the need relating to the maintenance of the land and its subsequent retention would result in an unwarranted intrusion in the countryside.

• 7. Prior to the commencement of the development hereby approved an Arboricultural Method Statement (AMS), 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 confirm what protection measures are going to implemented, how and when they are they are going to be implemented, and how arboricultural site monitoring will take place throughout the construction process, in sufficient detail to provide a high level of confidence in the outcome for retained trees. The agreed protection measures and construction methods shall be adhered to in full

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

• 8. No site clearance, preparatory work or development shall take place until a tree planting plan is submitted to and agreed in writing by the Department. Where applicable the plan shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include the following details:

• (a) the exact location, species, nursery specification and planting specification of each tree (or group of 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.

This approval relates to drawings and documents digitally received on 29 April 2021 referenced;

Design Statement dated 24th April 2021 Topographical Survey; LS-01A; LS-02; LS-03; LS-04; LS-05 Tree Constraints East - TSE-080421 Tree Constraints North - TSN-080421 Tree Constraints South - TSS - 080421

Tree Data dated April 2021 Additional documents received on 11 June 2021 referenced; Arboricultural Impact Assessment Outline Tree Protection East - OTPE - 080621 Outline Tree Protection North - OTPN-080621 Tree Impact East - TRE - 080621 Tree Impact North - TRN-080621 And amended plans received on June 2021 referenced; 060- Rev A - Location and Site Plans 160- Rev A - Proposed Plan and Elevations This decision has been made for the following reasons(s) This proposed development is considered to meet the direct needs for the proper maintenance of the property and grounds and its scale, materials, colour, siting and form would be in accordance with Environment Policy 15 with a neutral impact upon the countryside in accordance with Environmental Policy 1 of the Strategic Plan 2016.

Date of Issue: 13th July 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 £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.