Decision Notice

Mr Lionel Kelly 23 Market Street Douglas IM1 2PA

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 Peter Bruce, Ref 24/91065/B, for the Erection of detached dwelling and garage including alterations to form additional vehicular access onto the highway at Grounds Of 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• 2. The development hereby approved shall not be occupied or operated until the access, parking and turning areas have been provided in full 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 for both dwellings in the interests of highway safety.

• 3. The 43m visibility splays identified on drawing number 3A shall be constructed in full accordance with the details approved and kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. Reason: In the interests of highway safety.
• 4. 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 the following parts of Schedule 1 of that Order:

• o Class 14 - Extension of dwellinghouse
• o Class 17 - Private garages and car ports Reason: To control future development on the site.

• 5. No approval is granted to any change of use of the land designated as Open Space on the Area Plan for the East 2020, also shown indicated hatched green on drawing number 20.

Reason: the application has been considered on the basis of the proposed dwelling sitting within the existing area designated for residential use on the Area Plan for the East 2020.

This approval relates to the following drawings and information:

• o Drg 01A Plan as Proposed
• o Drg 02 Site Plan as Existing
• o Drg 03A Site Plan as Proposed
• o Drg 04 Existing Garage
• o Drg 05A Proposed Access Elevations
• o Drg 06A Indicative Site Section
• o Topographical Survey
• o Design Statement
• o Design Statement Appendix Photos 1 2 + 3
• o Photos page 1, 2 and 3
• o Covering letter dated 10/09/24
• o EV Charger Data Sheet p.1 and p.2
• o Heat Pump Data Sheet

• - All date received 24/09/2024

o DRG 20 Indicative Site Plan o DRG 8B Location Plan o Covering letter dated 27/11/24

• - All dated online 06 DEC 24 and published 09 DEC 24

NOTE The Applicant is to be reminded of the culvert running through the site and this should be investigated thoroughly before building work commences.

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 provision of access and driveway, parts of the Permitted Development Order revoked, ensuring no surface water onto the road and a note reminding the applicant of the culvert running through the site.

Date of Issue: 19th February 2025

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management 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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/onlineapplications/)

Implementation A determination to grant planning approval does not have effect —

•  if an appeal is submitted until the appeal is determined or withdrawn; or
•  if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

Development must be carried out in accordance with the approved plans and any attached conditions (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 can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal