Decision Notice

Mr Joseph Smith Unit B2 Eden Business Park Cooil Road Braddan IM4 2AY

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 Kennedy, Ref 25/90190/B, for the Installation of tiered decking with glass balustrade (retrospective) at Seascape Mount Gawne Road Port St Mary Isle Of Man IM9 5LX .

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. Within one month of the decision notice a soft landscaping scheme shall be submitted to and approved in writing by the Department. Such a scheme shall include details of all trees, hedgerows and other planting which are to be retained; details of all other boundary treatment and finished ground levels ; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs; the location of grassed areas and a programme of implementation.

All soft landscaping works shall be carried out in accordance with the approved details. The works shall be carried out in full accordance with the programme approved in writing by the Department and retained thereafter. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

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

• 2. Within one month of the decision notice a hard landscaping plan has been submitted to and approved in writing by the Department. Such a schemed must include details of any hard boundary treatments but specifically the treatment of the section of boundary to the Southern corner where Seascapes meets No.2 The Waterfront. This should include fencing to a minimum of 2m in height from the ground level of the parking area to the South East of the proposed decked area along the southern boundary between the abovementioned properties and a programme of implementation.

All hard landscaping works shall be carried out in accordance with the approved details. The works shall be carried out in full accordance with the programme approved in writing by the Department and retained thereafter.

Reason: in the interest of neighbouring amenity This decision relates to the following plans and drawings, date stamped received on 24th February 2025;

• o Drawing No. 01
• o Drawing No. 02
• o Drawing No. 03
• o Drawing No. 04
• o Drawing No. 05
• o Drawing No. 06

This decision also relates to an email dated 6th May 2025 which states the applicant is amiable to conditions regarding hard and soft landscaping.

This decision has been made for the following reasons(s) The proposed decking extension is deemed acceptable in terms of their form, mass and design by providing a suitable extension to an existing residential property and as such complies with General Policy 2 and Housing Policy 16.

Date of Issue: 21st May 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