DEC Decision Notice

McGarrigle Architects Ltd 19 Mount Havelock Douglas Isle Of Man IM1 2QG

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 Downstream Limited, Ref 20/00075/B, for the Landscaping works to part of field number 320424 (amendment to PA 19/01017/B) (retrospective) at Sunnybank House West Baldwin Isle Of Man IM4 5HD .

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. Within six months of the decision becoming final, the timber fencing as detailed on drawing number 1826-02 P02 rev B shall be fully installed in accordance with the approved details and retained as such thereafter.

Reason: To ensure sufficient boundary control and to satisfactorily protect the character and appearance of the area and surrounding countryside.

• 3. The land comprising the application site must remain as open space/agricultural land and shall not be used as part of the residential curtilage of the dwelling known as 'Sunnybank House', West Baldwin or for any other residential purpose.

Reason: For the avoidance of doubt and with a view to protecting the land from inappropriate domestication.

This approval relates to drawing numbers P-01 rev A, 1826-02 P02 rev B and supporting statement provided by the agent with the application form, all date stamped as received 24th January 2020.

This decision has been made for the following reasons(s)

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950

The development works are considered to have an acceptable visual and amenity impact on the countryside and area of high landscape value in accordance with Environment Policies 1 and 2, and not to result in any harm to the designated woodland area in line with Environment Policy 3. For completeness the application shall be supported with two conditions, one requiring the timber boundary fence to be installed in an appropriate time frame and one ensuring the site remains for agricultural use only.

Date of Issue: 2nd April 2020

Director of Planning and Building Control

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950

Guidance Note

This decision was made by a Principal Planner 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 £276); 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 £100). 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.

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950