Decision Notice

Mr Wayne Lewthwaite 23 Market Street Douglas Isle of Man 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 Chris Bell, Ref 25/90328/A, for the Approval in Principle (including details of means of access) to erect detached dwelling and garage at Silver Beech Glen Road Colby Isle Of Man IM9 4HW .

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. Application for approval of all of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice or the expiration of two years from the date of approval of the last of the reserved matters, whichever is later.

Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019

• 2. Approval of the details of siting, internal layout (inside buildings), drainage, design, landscaping, external appearance and site layout (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced. Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.
• 3. The means of vehicular access hereby approved shall be constructed in full accordance with drawing no. 1 prior to the first occupation of any dwelling erected on the site. The access shall thereafter be retained for access purposes only. Reason: In the interests of highway safety.
• 4. The visibility splay(s) identified on drawing no. 1 shall be constructed in full accordance with the approved plans prior to the first occupation of any dwelling on the site and thereafter

kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level.

Reason: In the interests of highway safety.

• 5. Plans and particulars of the reserved matters referred to in Condition 2 shall also include but are not limited to:

• (a) the provision to be made for the parking and turning of vehicles within the site and ability of vehicles to exit in forward gear;
• (b) surface water drainage
• (c) existing and proposed ground and floor levels;
• (d) any landscape mitigation

Reason: This is an approval in principle and these matters have been raised by consultees and require detailed consideration by the Department.

• 6. As part of the submission of the Reserved Matters, information relating to cut and fill of the site shall be provided, including a method statement for movement of materials on the site. Any works undertaken shall be carried out in full accordance with details approved.

Reason: In the interest of those comments raised by DEFA Minerals team and any potential removal of materials from the site.

This approval relates to the following plans all date published online 26/03/2025:

• Drawing no. 1
• Drawing no. 2
• Drawing no. 3
• Drawing no. 4

NOTE The applicant is to be reminded of their separate obligations under the Highways Act 1986 in respect of surface water, and that any works within the highway may require a separate S109 agreement and advice should be sought from Dept. of Infrastructure.

This decision has been made for the following reasons(s) The approval in principle for a single property on the site is considered acceptable, and the means of access is also considered to be acceptable in full detail in terms of its visual impact and highway safety impact. Suitably worded conditions for the reserved matters will be added, along with conditions relating to the access being provided in full accordance with the plans. The application is considered to accord with General Policy 2 and Section 8.8 of the Isle of Man Strategic Plan Strategic Plan 2016 and not to undermine Environment Policy 1, and Paragraphs 2.5 and 2.5.1 of the Area Plan for the South 2013.

Date of Issue: 8th July 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