Decision Notice

Mr Chris Penketh 23 West Quay Ramsey IM8 1DL

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 Miss Pippa Edmonds, Ref 24/91116/REM, for the Reserved Matters application in relation to P.A. No 21/01161/A, including erection of new dwelling and demolition of part of existing dwelling. at The Bungalow Ballamanagh Road Sulby Isle Of Man IM7 2HB .

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. Prior to the commencement of the development hereby approved, an Energy Statement shall be submitted and approved in writing by the Department which demonstrates that the new dwelling would have a Standard Assessment Procedure (SAP) rating of at least 97 (or similar rating system) and prior to the occupation of the dwelling a further Energy Statement post completion shall be submitted to and approved in writing by the Department to demonstrate that the SAP rating of at least 97 (or similar rating system) has been achieved.

Reason: A reason why the application is considered acceptable is due to the overall environmental impacts as outlined on Housing Policy 14 and namely the eco efficiency credentials of the new dwelling.

• 3. Prior to the removal of any tree on site, suitable checks for nesting birds and roosting bats must be undertaken by a suitably qualified ecologist with report submitted to and approved in writing by the Department. If either are present then the works must stop and advice be obtained from the Ecosystem Policy Team.

Vegetation removal should ideally take place outside of nesting bird season. If this is not possible then thorough checks for nesting birds should be made first and if present then works must stop and can only recommence once the birds have finished breeding.

Reason: To provide adequate safeguards for the ecological species existing on the site.

• 4. Prior to the installation of external lighting at the site, a detailed external low level lighting scheme shall be submitted to and approved in writing by the Department. The lighting of the site will be designed in accordance with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018).

The lighting details shall include detailed drawings of the proposed lighting columns and fittings, information about the levels of luminance and daily duration and any measures for mitigating the effects of light pollution.

The development shall not be carried out other than in accordance with the approved plan. Reason: To provide adequate safeguards for the ecological species existing on the site and immediate locality.

• 5. The development hereby approved shall be carried out in strict accordance with the working methods recommended in the bat report, detailed in the Manx Bat Group's Bat Survey Report for The Bungalow, Ballamannagh Road, Sulby dated 19 March 2023, to provide appropriate mitigation for bats within the site and immediate locality.

Reason: To safeguard a statutorily protected species within the site and in the area, and to minimise risks to bats during demolition of the extension to the main dwelling at The Bungalow, Ballamanagh Road, Surby.

• 6. The landscaping of the site, including the boundary hedging, and the feature plantings must be undertaken in accordance with the approved plan (Drawing Nos. 21 1539 RM/D - 04 Rev A, Site Plan & Landscaping), and retained as such thereafter.

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 any unit, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: In the interests of protecting and enhancing the biodiversity of the environment.

• 7. Prior to the commencement of the development hereby approved, a scheme for the protection of the trees (a Tree Protection Plan) which shall be prepared in accordance with the recommendations of British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction) shall be submitted to and approved in writing by the Department. Such a scheme shall include details of:

• o All trees and other planting which are to be retained;
• o Construction Exclusion zones on site; and
• o A programme of implementation for new trees/plantings.

Within the Construction Exclusion Zones identified on this drawing, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit.

Any retained tree which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.

Reason: To safeguard the existing trees and planting to be retained within the site.

• 8. The development hereby approved shall not be occupied or brought into use until all access arrangements, including visibility splays, vehicular and pedestrian areas have been provided in accordance with the approved plans (Drawing Nos. 21 1539 RM/D - 04). Such areas shall not be used for any purpose other than for purposes associated with the development and shall remain free of obstruction for such use at all times. The access shall be bound and consolidated within at least 5m of the adopted highway boundary.

Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety.

• 9. The access to the site shall be bound and consolidated within 5 meters of the adopted highway boundary, as indicated in drawing No. 21 1539RM/D08/A.

Reason: To ensure a durable and stable surface that prevents debris from being carried onto the public highway, in the interest of highway safety.

• 10. Prior to the occupation of the new dwelling hereby approved, the bin storage provision shown on drawing No. 21 1539RM/D08/A shall be implemented and retained thereafter.

Reason: To ensure that appropriate waste management facilities are available for residents, in the interest of the visual amenity of the area.

• 11. Prior to the commencement of development, details of the sustainable drainage systems (SuDS) to be installed on site must be submitted to and approved in writing by the local planning authority. These details shall include the location, type of systems to be installed, and the maintenance and management arrangements for the SuDS. The scheme shall be implemented according to the approved plans and retained as such thereafter.

Reason: In the interest of maintaining the character of the area and ensuring proper drainage on and off the site.

• 12. Within one month of this decision becoming final, a detailed plan must be submitted to and approved in writing by the Department. This plan should clearly show the proposed subdivision and layout of the new curtilages, ensuring that all boundaries are distinctly marked and comply with the guidelines set forth. The boundaries should be demarcated by either a planted hedge of native species or a Manx hedge, as per Planning Circular 1/92. The new dwelling shall not be occupied unless the site has been subdivided and laid out in accordance with the approved plan and shall be retained as such thereafter.

Reason: To ensure that the curtilages are clearly defined in the interest of protecting the countryside

This decision relates to the following documents and plans:

• 1. 21 1539RM/D/01/A: Proposed Ground Floor Plan (24th February 2025).
• 2. 21 1539RM/D/02/A: Proposed First Floor Plan, Section A-A & Elevations (24th February 2025).
• 3. 21 1539RM/D03/B: Proposed Sections B-B & C-C (24th February 2025).
• 4. 21 1539RM/D/04/A: Proposed Site Plan & Landscaping (24th February 2025).
• 5. 21 1539RM/D/05/A: Proposed Finishes (24th February 2025).
• 6. 21 1539RM/D/06: 1:500 Site Plan.
• 7. 21 1539RM/D/07: Location Plan.
• 8. 2105G/01: Topographical Measured Survey.
• 9. 21 1539RM/02: Survey Drawing - Ground Floor Plan, (Existing Dwelling).
• 10. 21 1539RM/03: Survey Drawing - First Floor Plan & Elevations, (Existing Dwelling).
• 11. 21 1539RM/04: Proposed Ground Floor Plan & Elevations, (Existing Dwelling).
• 12. 21 1529/01: Approved 1:200 Site Plan.
• 13. 21 1529/03: Approved South-West Visibility Splay.
• 14. 21 1529/04: Approved North-East Visibility Splay.
• 15. 21 1539RM/D08/A: Proposed Vehicle Access (24th February 2025).
• 16. 21 1539RM/D/PS: Planning Statement.
• 17. 21 1539RM/DSP: Site Photographs, (New Dwelling).
• 18. 21 1529/1 to 14: Site Photographs, (Existing Dwelling).
• 19. Manx Bat Group Bat Survey Report dated 19 March 2023.
• 20. SFV: Scotframe Brochure.
• 21. SAP: SAP Rating Confirmation email dated 25th September 2024.

This decision has been made for the following reasons(s) Overall, it is considered the proposal would not have any significant impacts upon public or private amenities, would not harm the character and quality of the immediate vicinity and surrounding landscape, or result in significant adverse impacts on trees and biodiversity, parking and highway safety. The proposals would, therefore, comply with General Policy 2, Transport Policy 4 and 7, Strategic Policies 1, 2, 4 and 5, and Environment Policies 1, 4 and 5 of the Isle of Man Strategic Plan 2016, and the Residential Design Guide 2021.

Date of Issue: 29th April 2025

J CHANCE 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 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