DEC Decision Notice

Kay Associates Southgate House 89 Circular Road Douglas IM1 1AX

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 Anthony & Mrs Marian Charnley, Ref 20/00514/B, for the Erection of a detached replacement dwelling with integral garage at Skeddan Veg Fort Island Road Derbyhaven Isle Of Man IM9 1TZ.

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. The air source heat pump hereby approved must not result in a noise that exceeds 42 dB LAeq 5 mins where "LAeq 5 mins" means the A-weighted equivalent continuous sound pressure level over 5 minutes when measured at 1 metre external to the centre point of any relevant door or window to any neighbouring building as measured perpendicular to the plane of that relevant door or window.

Reason: for the avoidance of doubt and to safeguard the amenities of neighbouring property.

This approval relates to drawing numbers P10-01, P10-02, P10-03, P10-04, P10-05, P10-06, P10-07, P12-01, P12-02, P15-01, P15-02, P15-03, P15-04, P15-05 and P15-06, and Design Statement May 2020 all date stamped and received 19/05/2020.

NOTE The applicant/owner is to be reminded of separate legislation under the Wildlife Act 1990 and Noise Act 2006 covering matters relating to habitats and noise. The applicant/owner may wish to liaise at the appropriate times with DEFA Ecology/Biodiversity/Environmental Health seeking advice on works to be undertaken at the site.

This decision has been made for the following reasons(s) The proposal is in accordance with the land use zoning of the Area Plan for the South 2013, and although not in strict accordance with Housing Policy 14, the proposed dwelling by reason of its size, design, layout, form, mass and material finish it is considered to have a acceptable visual impact on Derbyhaven's coastal character and an acceptable impact on the amenity of the neighbours. The proposal accords with Strategic Policies, 4 and 5, General Policy 2 and Energy Policy 4 of the IOM Strategic Plan 2016, Landscape Proposal 26, Character Appraisal E11 and Appendix 4 of the Area Plan for the South 2013.

Date of Issue: 31st 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
•  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.