DEC Decision Notice

GBS Design Services Ltd. Mr Geoff Brown Odin's Cottage Ballachrink Farm Glen Road Colby IM9 4HW

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 Ian Kelly, Ref 22/01148/B, for the To widen an existing vehicle entrance and associated works. at Fields 321756, 321755 & 321758 Braaid Road Braaid 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 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 use of the access hereby approved, the resurfacing of the first 6m of the existing access, and the cutting back of the height of the sod hedge to 1.05m to achieve the required 2m x 70m visibility indicated on the 'Proposed Block Site Plan' received 13 June 2023 must be undertaken in accordance with the approved plans, and shall thereafter be permanently retained as such. The re-surfacing must result in a bound surface such that no material is tracked onto the public highway. Reason: in the interests of highway safety.
• 3. Prior to the commencement of the development hereby approved, a Precautionary Working Method Statement for breeding birds and common lizards, written by a suitably qualified ecologist, shall be submitted to Planning and approved in writing by the Department. The development shall only be carried out in accordance with the details as approved, and shall thereafter retained as such. Reason: To safeguard statutorily protected species.

• 4. No development shall commence on site until a landscaping plan has been submitted to and approved in writing by the Department. The landscaping plan shall contain contains details of any planting to be undertaken on top of the lowered bank. Reason: In the interests of protecting and enhancing the biodiversity of the environment.

This decision relates to the documents and plans date stamped and received 13 September 2022, Applicants Correspondence received 25 March 2023, and additional documents and Plans received 6 and 7 March 2023.

This decision has been made for the following reasons(s) Whilst the proposal would result in some impacts on the character of the site (due to the alterations of the sodbank and introduction of a 6m wide concrete hardstanding by the access), the planning application has been designed to ensure its siting and appearance has limited impact on the character of this site and the wider countryside, given that the sodbanks would not be re-aligned but largely retained within its existing footprint. The scheme also has acceptable ecological and highway safety impacts, and there is sufficient agricultural justification for the access expansion and visibility improvements. The proposal is, therefore, considered to comply with General Policy 3, Environment Policy 1and Transport Policy 4 of the Strategic Plan.

Date of Issue: 9th August 2023

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 £335); 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 £125). 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 (should one have been received) 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.