DEC Decision Notice

Mr Lee Raybould Flat 6 19 Belmont Terrace Douglas IM1 4NH

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 Allprop Limited, Ref 21/01435/B, for the Variation of condition 2 of PA 19/01061/B for the variation of condition 2 of PA 15/00636/A approval in principle for the erection of a dwelling, to extend the period of approval for a further 2 years at Former Howstrake Holiday Camp King Edward Road Onchan Isle Of Man IM3 2JP.

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 (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 reserved matters must include a detailed survey of all existing trees on site within the development area together with a method statement for the protection of all existing trees on site which are to be retained. The existing trees must be protected by the erection of fencing at an adequate distance from the tree trunk and during construction and demolition works the protected areas must remain free from vehicles and materials in order to protect the tree roots. Any work necessary within the protected area

must be detailed in the method statement. The development must be undertaken in accordance with the method statement.

Note: the applicant should liaise with the Forestry Directorate, Department of the Environment, Food & Agriculture in the preparation of this document and observe the principles of BS 5837.

Reason: in order to preserve the visual amenities of the area.

• 5. The dwelling must be predominantly single storey and all built development forming the dwellinghouse, excluding the access and driveway, should be kept within the "minimum development area" (shaded in blue) as shown on drawing 28538-02.

The applicant is strongly recommended to discuss any Reserved Matters application with the Planning Directorate prior to submission.

REASON: in order for the dwelling to fit comfortably and unobtrusively into the landscape, it is important that it is a low lying development utilising the topography of the site to reduce the height and mass of any dwelling.

• 6. Prior to any works commencing on site the access and visibility splays on drawing no 28538-2001-03 rev A (or subsequent drawing approved by the Planning Authority) shall be constructed and remain free from obstruction thereafter. Reason: In the interests of Highway Safety
• 7. Prior to any works commencing on site all existing vehicle accesses shall be permanently blocked up. Reason: In the interests of Highway Safety
• 8. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• 9. No development shall commence until a full and comprehensive photographic survey of the existing buildings/site; has been submitted to and agreed in writing by the Department. The applicant is advised to consider the Planning Directorates advice leaflet on historic building photographic surveys. Reason: In order to retain a record of the site in the interests of local history.
• 10. The details of the landscaping of the site to be provided as part of the Reserved Matters application should take account of the ecological value and natural landscape of the site and as such should avoid any large area of formal gardens. Reason: In the interest of visual amenity and ecological value.
• 11. The application for Reserved Matters must include a visual impact assessment, not only from the land, but also as viewed from the sea.

• Reason: In the interest of visual amenity.
• 12. The application for Reserved Matters must include an up to date ecological survey of the site. The ecological survey shall identify matters of ecological interest within the site and measures to mitigate ecological impacts where appropriate, including a timetable for their implementation. The applicants are recommended to discuss such survey with the Senior Biodiversity Officer of Department Environment, Food and Agricultures. Reason: To provide adequate safeguards for the ecological species existing on the site.
• 13. For the avoidance of doubt no approval is hereby given for the indicative layout of the dwelling, a helicopter landing pad or ancillary guest accommodation as shown on drawing GHIM02/P001 or any office use (Class 1.2 or 2.1).

Reason: The application seeks approval for a single dwelling and the proposed features have not been considered. Further no detailed plans have been provided of these to fully consider.

This approval relates to the submitted documents and drawing all received on 07.12.2021 and email dated 03.03.2022.

This decision has been made for the following reasons(s) It has been previously assessed that the development proposed for a single dwelling only is acceptable without causing undue harm to local residential amenity and also without causing undue harm to the natural environment, visual amenities of the street scene or cause undue harm on public amenity. No significant material circumstances have altered since the original approval in principle was issued. The only difference relates to the Area Plan for the East being adopted, not designating the site for development; albeit this essential remains the status quo i.e. the previous land use designation under the Onchan Local Plan also didn't designated it. Accordingly, whether the application is currently considered and determined under the previous Onchan Local Plan or under the current Area Plan for the East the issues and polices remain the same.

Date of Issue: 16th March 2022

Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management 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.