DEC Decision Notice

Technical Drawing Services 8 - 10 Barbican House Malew Street Castletown Isle Of Man IM9 1AB

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 Nick Byron, Ref 21/00557/B, for the Creation of new parking area at 61 Wybourn Grove Onchan Isle Of Man IM3 4AU.

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 first use of the amended access and parking area hereby approved, the amended access arrangements and parking provision shall be completed in accordance with drawing no. 403-01 received 18.05.21.

Reason: To ensure adequate vehicular access to the site and adequate parking provision in accordance with General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan.

• 3. No development shall take place until details of the driveway surface material and surrounding planting are submitted to and approved in writing by the Department. The surfacing and planting shall be installed/planted as approved and retained as such thereafter. Any planting which dies or is removed within 5 years of this approval shall be replaced with a similar species within the first available planting season.

Reason: In the interests of the appearance of the site and wider street scene in accordance with General Policy 2 of the Isle of Man Strategic Plan.

This approval relates to the following plans and drawings received 18.05.21: 403-01 - Location Plan, Proposed Site Plan

NOTE The applicant is advised that the alteration to the highway, in the form of creating a new access crossing the footway, will require a Section 109(A) Highway Agreement to be made post planning consent.

NOTE The applicant is advised to contact DoI Highways with regard to the repositioning of the salt/grit bin to be removed.

This decision has been made for the following reasons(s) The proposal is considered to accord with General Policy 2 and Transport Policy 7 of the IOMSP, and the land use designation as per the Area Plan for the East. No unacceptable adverse impact has been identified as likely with respect of the appearance of the site and surrounding area, the residential amenity of the neighbours, or parking or access.

Date of Issue: 3rd August 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.