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 Mr Paul Carey, Ref 24/91348/B, for the Erection of replacement detached dwelling at Sycamore Cottage Ballaslig Ballacorey Road Andreas Isle Of Man .

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. Within 3 months of the completion and occupation of the new dwelling, the existing dwelling on site shall be demolished and all materials removed from the site.

Reason: To safeguard the countryside for its own safe and to ensure the development does not increase the number of dwellings on the site which would be contrary to policy.

• 3. The approved landscaping scheme, as shown on Dr No. 23 1780/05, shall be implemented in full as per the approved details within 3 months of the occupation of the new dwelling.

Reason: To ensure the delivery and retention of an appropriate landscaping in the interests of the visual amenity of the locality.

• 4. The approved biodiversity enhancement measures for bats and birds, as shown on Dr No 23 1780/05, shall be implemented in full within 3 months of the occupation of the new dwelling.

Reason: To ensure the delivery of an appropriate ecological enhancement measures, in the interests of the bats and birds in the locality.

• 5. No external lighting shall be installed on the site or dwelling unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to Planning and approved in writing by the Department. Any lighting shall thereafter be installed and retained in accordance with the approved lighting details. Reason - To avoid ecological impacts upon bats within the area.
• 6. No tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the dwelling, other than in accordance with the approved plans. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that retained trees are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

• 7. 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, hereby approved, other than that expressly authorised by this approval, shall be carried out without the prior written approval of the Department.

Reason: The dwelling represents a significant enlargement to the existing, the future extension of which may impact upon the character and appearance of the landscape and thus require further assessment by the Department.

This approval relates to the following drawings and documents received 28 November 2024:

• 23 1780/01 Proposed Ground Floor Plan
• 23 1780/02 Proposed First Floor Plan, Elevations and Sections
• 23 1780/03 Proposed Roof Plan and 3D Visuals
• 23 1780/04 Site Plan
• 23 1780/05 Landscape/Bats/Birds Plan
• 23 1780/06 Site and Location Plans

This decision has been made for the following reasons(s) The proposals respect the site and surroundings in terms of the siting, layout, scale, form, design of buildings and the spaces around them. The proposals will not harm the character of the surrounding landscape or townscape and comply with General Policy 2 (b) & (c) and General Policy 3 (d). Furthermore, while the proposals will result in a larger dwelling on the site, the design and appearance is considered to result in an enhancement to the site and its landscape setting such that the proposals are justified and in accordance with Housing Policy 14. Finally, the proposal would not adversely affect the countryside or harm the character and quality of the landscape complying with Environment Policy 1 of the Isle of Man Strategic Plan 2016.

Date of Issue: 27th 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