DEC Decision Notice

Ms Sarah Corlett Ballachrink Croft Ballacorey Road Bride IM7 4AW

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 Julian Michael Wood, Ref 21/01234/A, for the Approval in principle for the erection of a dwelling to replace former dwelling addressing means of access at Ballatiki Shore Road Ballaugh Isle Of Man IM7 5AZ .

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. Approval of the details of siting, design, drainage, external appearance of the building[s], internal layout, landscaping of the site (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.

• 3. 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.
• 4. The new dwelling shall be:

• - the same as the previous dwelling (Ballatiki) in terms of siting, size and footprint, unless changes of siting or size would result in an overall environmental improvement;
• - not more than 50% of greater than the floor area of the previous dwelling (Ballatiki) (floor areas should be measured externally and should not include attic space or

outbuildings), unless it can be demonstrated that the original dwelling (Ballatiki) was of poor form and the new dwelling would be one of more traditional character, or where, by its design or siting, there would be less visual impact compared to the original dwelling; and

• - designed to either be in accordance with Policies 2- 7 of Planning Circular 3/91 or of an innovative, modern design which is of high quality and does not result in adverse visual impact.

Reason: In the interest of the visual amenities of the area and as any new/replacement dwelling on land not designated for development is required to comply with Housing Policy 14.

• 5. The dwelling hereby approved shall be be no taller than 1.5 storey in height as set out in the e-mail of 21.01.22. Reason: In the interest of the visual amenities of the area This approval relates to the submitted documents and drawing all received on 27.10.2021.

This decision has been made for the following reasons(s) It is considered whilst the demolition of the original dwelling last year was unfortunate from a planning policy standpoint (as the applicant did not understand the planning implications of doing this), it is considered given the relative short period between the demolition and the application being made (few months) and as the dwelling was not of architectural interest it is considered the proposal could be considered to comply with GP3 and HP4 and therefore the principle of a single dwelling on this site is acceptable. The proposed access arrangement are again acceptable and comply with GP2 and TP 7.

Date of Issue: 7th February 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 £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.