Decision Notice

Mr Lionel Kelly 23 Market Street Douglas 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 James Mylchreest, Ref 25/90260/B, for the Creation of new vehicular access onto highway at Ballagarey House Main Road Glen Vine Isle Of Man IM4 4AZ .

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 access hereby approved shall not be operated until it has been constructed in full accordance with details shown on drawing numbers 1B and 2B, including access arrangement, parking and turning areas and visibility splays, and shall be retained as such thereafter for access purposes only. Reason: In the interests of highway safety.
• 3. The visibility splays shall be constructed in full accordance with the details shown on drawing numbers 1B and 2B and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. Reason: In the interests of highway safety. This approval relates to the following:

• - drawing number 1B
• - drawing number 2B
• - copy of tree licence no. 242/25
• - Manx Roots Tree Report
• - agent covering letter and copy of emails dated 08th April

• all date published online 09/04/2025
• - drawing number 3
• - 2 x photosheets both date published online 10/03/2025

NOTE The applicant is advised that allowing surface water run off would contravene Section 58 of the Highway Act 1986 and guidance in the Manual for Manx roads and the applicant should comply with those clauses.

NOTE The applicant/land owner is reminded that a separate S109 highway agreement may be needed for any works connecting to the highway ie. dropped kerbs and separate advice from DOI should be sought.

This decision has been made for the following reasons(s) The proposed access has no negative impact on the character or appearance of the area and highway safety id considered to be acceptable subject to condition. The proposal is considered to comply with Strategic Policy 5, General Policy 2 (b, c, g, h and i) and Environment Policy 42 of the Strategic Plan and the Residential Design Guide July 2021. Therefore, it is recommended for an approval.

Date of Issue: 12th June 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