Decision Notice

Mr Sam Samson THE WORKSHOP PARK ROAD PORT ST.MARY IM9 5HQ

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 Ms Finnola Martin, Ref 24/91238/B, for the Replacement dwelling on the site of an existing timber framed cottage at Briardale Belle Vue Peel Isle Of Man IM5 1UH .

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 dwelling hereby approved shall not be occupied until the means of vehicular access and the parking area have been constructed in full accordance with the approved drawing number 2405/03C, including surfacing in a bound and permeable finish and installation of the drainage channel along the lane. The approved access and parking area shall thereafter be retained for access and parking purposes only. Reason: In the interests of highway safety and surface water drainage.
• 3. The external cladding hereby approved shall be installed and finished in one of the following colour finishes set out in the 'Cedral' cladding brochure submitted only, 'Platinum Grey C05', 'Silver Grey C51' or 'Tea Green C76' and retained as such thereafter.

Reason: in the interest of neighbouring amenity and having a lighter coloured finish to mitigate and reduce any oppressive darker coloured finish. This approval relates to the following information:

• o Agent letter re: ecosystems dated 2nd December 2024

• - dated online 03/12/2024

o Agent letter re: datum, hedging, neighbours, cladding and highways dated 27th November 2024 o Drawing number 2405/03C o Drawing number 2405/02A o Cedral Cladding Brochure

• - all dated online 27/11/2024

o Podpoint data sheet o Architects Design Statement o Drawing number 2405/01

• - all date received 29/10/2024

NOTE The applicant/owner is reminded of their legal obligations under the Wildlife Act 1990 in respect of protected species and nesting birds, and in any event that such a protected species

• or nest is found that advice is sought from DEFA Ecosystems team.

This decision has been made for the following reasons(s) The proposed works in the replacement of 'Briardale' are considered to have an acceptable visual and highway impact, and although having some potential overshadowing impacts this is not considered to be so adverse as to significant harm the overall enjoyment or living conditions of the adjoining neighbouring property as to warrant a refusal. The proposal is considered to meet Strategic Policies 1 and 2, Spatial Policy 2, General Policy 2 b,c,g, h and i, and Environment Policy 42 of the IOM Strategic Plan 2016 and with general principles of the Residential Design Guide. Conditions in respect of highway matters will be added along with condition in respect of external cladding being any of the coloured options as submitted within the application and a note reminding of legal obligations of Wildlife Act 1990 for protected species and nesting birds.

Date of Issue: 6th February 2025

J CHANCE Director of Planning and Building Control

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 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