DEC Decision Notice

Penketh - Millar Penketh - Millar 23 West Quay Ramsey Isle Of Man IM8 1DL

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 Martia Limited, Ref 23/00069/B, for the Establishing as built new dwelling with new access road (retrospective) at Plot 1 Lancashire Plots New Castletown Road Santon Isle Of Man IM4 1HS .

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. Prior to the commencement of any works hereby approved all alterations to the main access from the A6 shall be carried out in accordance with Drawings No. 22 1706 03 and 22 1706 08.

Once formed, the visibility splays shall be permanently retained thereafter and no visual obstruction of any kind shall be permitted within the visibility splays so formed.

Reason: To enable drivers of vehicles using the access to have a clear view of other road users and pedestrians in the interests of road safety

• 2. The dwelling hereby approved shall not be occupied unless the vehicle and pedestrian access and all parking and turning areas have been provided and surfaced in accordance with the Drawings No. 22 1706 03 and 22 1706 08.

Once provided, all parking and turning areas shall thereafter be permanently retained as such.

Reason: To ensure the provision of a means of access and turning space to an adequate standard in the interests of highway safety and to ensure the timely completion of the parking area.

• 3. Prior to the commencement of any works to the main access from the A6 and the internal road details of the proposed drainage layout shall be submitted to and approved in writing by the Department.

The dwelling hereby approved shall not be occupied unless the proposed drainage has been provided in accordance with the approved plans.

Once provided all drainage shall thereafter be permanently retained. Reason: In the interests of highway safety.

• 4. The dwelling hereby approved shall not be occupied until the alterations shown on Drawing No 22 1706 08 to the outbuilding have been carried out and the building is fit for the proposed use as workshop and bicycle storage. The outbuilding shall only be used in accordance with the approved plans and for no other purpose.

Reason: The building is off insufficient size to be used for its original purpose and is only considerable acceptable as being incidental to the dwelling and for no other purpose and to ensure the provision of adequate bicycle storage.

• 5. Prior to the commencement of the landscaping shown on Drawing No 22 1706 08 details of the proposed low level planting and hedging and reinforcement of the landscaping along the eastern boundary shall be submitted to and approved in writing by the Department. Details of the scheme shall include;

• o A schedule of planning to comprise species, plant sizes and proposed numbers and density;
• o A programme for implementation and completion of the proposed landscaping.

All soft and hard landscaping proposals shall be carried out in accordance with the approved planting scheme and management programme. Any planting which, within a period of 5 years from the completion of the development, in the opinion of the Department is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted. Once provided, all hard landscaping works shall thereafter be permanently retained.

Reason: To ensure the implementation and management of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area and enhancement of the eastern boundary in the interests of the privacy of future occupiers and those in neighbouring properties.

• 6. The dwelling hereby approved shall not be occupied until the landscaping and associated garden earth works to the levels shown on Drawing No 22 1706 08 and as approved under Condition 5 have been carried out.

Reason: To ensure the implementation and management of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area.

• 7. Notwithstanding the provisions of the Town and Country Planning (Permitted Development Order) 2012 or any order amending, revoking or re-enacting that Order no greenhouses or polytunnels, extensions, garden sheds or summer houses, fences, gates or walls, private garages or carports, or decking other than that shown on the approved plans shall be erected on the site under Classes 13, 14, 15, 16 17 and 21 of Schedule 1 of that Order, respectively.

• Reason: in the interests of the residential amenity of the adjacent properties and of the character and appearance of the development.
• 8. Prior to the occupation of the dwelling the window to the ensuite of bedroom 2 shall be fitted with obscure glazing to level equivalent to Pilkington level 5 or above and shall be permanently retained as such. Reason: In the interests of the residential amenity of the adjacent properties. This decision relates to the following plans and drawings, received on 21 February 2023;

• o Site & location plan 22 1706 01
• o Site Plan - as built & approved 22 1706 02
• o Visibility splay 22 1706 03
• o Plot 1 as built site plan 22 1706 04
• o Plot 1 as built ground floor plan 22 1706 05
• o Plot 1 as built first floor plan & elevations 22 1706 06
• o Plot 1 as built second floor plan & elevations 22 1706 07
• o Plot 1 Proposed site plan 22 1706 08
• o Plot 1 Proposed ground floor plan 22 1706 09
• o Plot 1 Proposed first floor plans & elevations 22 1706 10
• o Plot 1 Proposed second floor plan & elevations 22 1706 11
• o Photo sheets 1-10

NOTE FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

This decision has been made for the following reasons(s) The proposed development makes good use of existing land and buildings and is not considered to harm the use and enjoyment of existing occupants at neighbouring properties. The proposed would also not result in significant adverse impacts on the character of the site or surrounding area and as such is considered to comply with Strategic Policies 1, 2, 3, 5 and 10, General Policy 2, Housing Policies 1, 4 and 6 and Transport Policies 4, 6 and 7.

Date of Issue: 17th July 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.