DEC Decision Notice

Kelly Lewthwaite Building Design 23 Market Street Douglas IM1 2PA

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

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 Peter Bruce, Ref 19/00592/B, for the Erection of a detached dwelling and garage within grounds of Strathallan House at Strathallan House (Formerly Calvary House) Strathallan Road Onchan Isle Of Man IM2 4PN .

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• 2. Prior to the commencement of any works at the site details of the access gradients shall be submitted to and approved in writing by the Department and the dwelling hereby approved shall not be occupied until the access has been constructed in accordance with the approved details, and shall thereafter be retained for access purposes only. Reason: In the interests of highway safety.
• 3. 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.

• 4. The visibility splays identified on drawing number 3 date stamped 22/05/2019 shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level.

• Reason: In the interests of highway safety.
• 5. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken in accordance with Class 14 or 17, of Schedule 1 of the Order at any time. Reason: To control future development on the site.
• 6. There shall be no works undertaken to the culvert running through the site unless otherwise agreed in writing by the Department. Reason: To protect the amenities of watercourse and in the interest of Inland Fisheries.

This approval relates to drawing numbers 1, 2, 3, 4, 5, 6, 7, 8 and supporting design statement all dates stamped and received 22/05/2019, and an email from the applicant dated 02/04/2020 containing photographs and design statement amendments.

This decision has been made for the following reasons(s) The proposal will make best use of land within an existing town centre without resulting in any adverse impacts or unacceptable harm to the open space designation, to the amenities of neighbours and without significant adverse visual impact to the general residential context of the site and surroundings. The proposal is considered acceptable in terms of highway impacts subject to conditions requiring gradients and provision of access and driveway, and parts of the Permitted Development Order revoked.

Date of Issue: 14th July 2020

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 £285); and

election to have the appeal conducted by means of an inquiry(a hearing) or by means of written representation. 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.