DEC Decision Notice

Mr David Davies Struan Beg Main Road Lower Foxdale Foxdale IM4 3AY

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 David Davies, Ref 21/00365/A, for the Approval in principle for the erection of 1 detached bungalow addressing means of access at Field 312909 And 312711 Main Road St Johns Isle Of Man .

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 either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019

• 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• 3. Approval of the details of siting, design, external appearance of the building[s], internal layout, landscaping of the site, drainage (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.

• 4. The application for the reserved matters must include a detailed landscaping and planting plan which demonstrates how the introduction of new trees and shrubs will result in an acceptable visual and ecological impact on the area.

• Reason: appropriate landscaping can enhance the site in terms of the visual impact and effect on well-being, ecology, drainage, cooling, traffic calming, the value of the development and the environment.
• 5. The application for reserved matters must include details of the approach taken to integrate the recommended Preliminary Ecological Appraisal mitigation measures within the development. Reason: to enhance the ecological impact of the development.
• 6. The application for the reserved matters must include an Archaeological Report for the site, which includes a programme of archaeological work in accordance with a written scheme of investigation and measures for mitigation of any adverse impact thereon. The development must be undertaken in accordance with the recommendations of the Archaeological Report.

Reason: to ensure compliance with Strategic Policy 4 and POLICY: RES/P/1 of the St. John Local Plan.

• 7. The application for the reserved matters must include the following highway information:

• i. Formal right of permanent access to site via Balladoyne Estate Road ;
• ii. Full geometric and technical details for the means of access to / from the site;
• iii. Details of all parking provision which demonstrates that a range of vehicles including those larger than standard cars, can be accommodated within the site;
• iv. Details of the storage of waste receptacles;
• v. Vehicle tracking information relating to a box van and a refuse vehicle demonstrating that they can satisfactorily access, manouevre within and egress from the site;
• vi. Details of the provision of secure bicycle storage;
• vii. The surface treatment of any roadways and other parts of the site which will not be covered by buildings;
• viii. Details of the construction access to the site.

Reason: the submitted information does not demonstrate how these matters will satisfactorily be addressed.

This approval relates to the Cover Letter and Drawing 01 rev A - Amended Site and Location Plan received 10th May 2021; and Preliminary Ecological Report received on 24th September 2021.

This decision has been made for the following reasons(s) The proposal is considered acceptable and to be in accordance with the land use designation of the St. John Local Plan and appropriate to POLICY: RES/P/1 (Development Brief for Area 1) of the Local Plan. Overall, it is concluded that the information provided demonstrates that proposed detached bungalows could be accommodated within the site without any adverse impact on the Environment as set out in General Policy 2 of the Strategic Plan.

Date of Issue: 3rd October 2022

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 £305); 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 £115). 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.