Decision Notice

GCA Architects Carmodil Beg Studio Glen Road Ballaugh Isle Of Man IM7 5JD

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 Mark Bibby & Ms Joanne Christian, Ref 17/00260/B, for the Renovation and extension of Tholtan to create ancillary living accommodation at Land Adjacent To Allandale Farm Ballamanagh Road Sulby Isle Of Man subject to compliance with the following condition(s) and notes (if any) :

• 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. 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 extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• 3. 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 fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• 4. No development shall take place until full details of both soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include planting to the road side boundaries. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved sheltered apartments, whichever is the sooner. Any trees or plants which within a period of five

years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. The hard landscaping should include details of the surface finish of the driveway and footpaths around the Tholtan as well as any walls along the road side boundary. The hard landscaping works shall be completed in full accordance with the approved details prior to the first use of the dwelling.

Reason: To ensure the provision of an appropriate landscape setting to the development.

• 5. For the avoidance of doubt no approval is hereby given for the use of timber fencing along any part of the roadside boundary (south-east). Reason: In the interest of the visual amenities of the countryside.
• 6. Prior to the occupation of the dwelling, the car parking and manoeuvring areas shown on plan reference 829.02 shall be provided and remain free from obstruction thereafter.

Reason: To ensure that the Strategic Plan car parking standards are met in the interest of highway safety

• 7. The accommodation hereby approved may be used only as such ancillary to the occupation of the main house within the same site as defined on the approved plans and may not be let or sold off separately.

Reason: The proposed dwelling shares the same curtilage as the main house on the plans proposed and it is not demonstrated from these plans that the proposed dwelling would have a sufficient curtilage of its own to provide satisfactory levels of amenity space.

This approval relates to drawings reference numbers 829.01 and 829.02 all received on 3rd March 2017.

NOTE For clarification, the residential curtilage of the whole site does not include the paddock area to the north-west of the main dwelling house on the site as indicated under application PA 15/01134/B. No permission is hereby granted to the use of the paddock area for residential purposes and this must remain in agricultural use i.e. keeping/grazing of horses.

NOTE The applicant is recommended to seek professional advice regarding the disposal of surface water from the site.

Date of Issue: 12th July 2017

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it in the name of the Minister and/or in the name and on behalf of the Department.

This permission refers only to that required under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

•  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2016 (currently £170);
•  The reasons for making the appeal; and
•  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

The proposed development must not be commenced until either;

•  The time for requesting an appeal has expired; or
•  Any appeal has been determined;

Whichever is the later.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom

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.