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Kelly Lewthwaite Building Design 23 Market Street Douglas IM1 2PA
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 Cheeseden Investments Limited, Ref 21/01341/B, for the Alterations and extension to existing tholtan to form dwelling at Kates Cottage Ballnahowe Road Ballnahowe Port Erin 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).
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.
Reason: This is required as a pre-commencement condition as the information is required prior to development commencing in order to ensure that features which will be destroyed, removed or altered in the case of the works for which consent has been given are properly recorded in advance of destruction, removal or alteration as the building is of architectural or historic interest in accordance with Policies HP11 and 13 of The Isle of Man Strategic Plan 2016.
Reason: In the interests of the character and appearance of the surrounding area rural area.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Reason: to ensure that the shed has an acceptable impact on the character and appearance of the area.
Reason; To ensure there is no spread of Himalayan Balsam and that adequate protection of the rivers ecosystem is maintained.
REASON: To ensure the property and its occupants are adequately protected from the risk of flooding.
This decision relates to drawings and supporting informatin received on 11 November 2021, referenced;
NOTE The applicant/land owner is to be reminded of their obligations under the Wildlife Act 1990 to not cause spread or growth of invasive plants nor to cause harm to protected species, and their obligations for watercourse management and should review/contact Manx Utilities in relation to watercourse management guidance.
This decision has been made for the following reasons(s) The proposal would be in accordance with General Policy 3, General Policy2, Housing Policy
Date of Issue: 11th May 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.
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