Decision Notice

Mr David Luton Architects Studio Agneash Laxey IM47NS

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 Michael Duke, Ref 25/90236/B, for the Erection of dwelling with integral garage at Land Adjacent To Longmead Ballakillowey Road Colby 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. Prior to the commencement of development on site including any clearance works, details for the method of protecting the existing trees and hedging on site shall be submitted to and approved in writing by the Department. All works must be carried out in accordance with the agreed details and the method of protection only removed on completion of the development works.

Reason: To ensure provision of protection for the existing retained trees and hedging and in the interest of visual amenity and landscape setting.

• 3. Prior to the commencement of any works on the site details of surface water drainage for the access and internal driveway must be submitted to and approved in writing by the Department, and all works must be carried out in full accordance with the approved details and shall be installed prior to the first coming into use of the approved access and driveway works and retained thereafter. Reason: in the interest of keeping surface water of the road in the interest of highway safety.

• 4. No works above damp proof course shall take place until a detailed schedule of the external materials including cladding, render and roof tile, have been submitted to and approved in writing by the Department. The works shall be carried out in full accordance with the approved details and retained as such thereafter. Reason: In the interest of visual amenity.
• 5. No works above damp proof course shall take place until a hard and soft landscaping scheme has been submitted to and approved in writing by the Department.

The scheme shall include details of the complete driveway surface, any new walls, fences, Manx banks, trees, hedgerows and any other planting and boundary treatments and shall also include a planting specification [numbers, density, size, species and positions of all new trees and shrubs] and a programme of implementation.

The works shall be carried out in accordance with the programme agreed within the first planting season following the completion or occupation of the development whichever comes first. The scheme shall be maintained 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 with the same species within the next planting season unless otherwise approved in writing by the Department and retained thereafter.

Reason: To ensure the provision of an appropriate landscape setting to the development in the interest of visual amenity and ecology, and in the interest of highway safety in respect of driveway finishes.

• 6. Prior to the occupation of the dwelling hereby approved the access, parking and turning areas must be provided in accordance with the approved plans. Such areas shall not be used for any purpose other than for access and the parking and turning of vehicles associated with the development and shall always remain free of obstruction for such use for the lifetime of the development.

From its junction with the public highway, the first 6m of the site access should be bound and consolidated and conditioned as such The gates should open inwards and be set back from the junction with the public highway a minimum of 5m. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• 7. Prior to the occupation of the dwelling hereby approved the visibility splays shall be constructed in full accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level. Reason: In the interests of highway safety.
• 8. 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 development shall be undertaken in accordance with any of the following Classes of Schedule 1 of the Order at any time:

• o Class 14 Extension of dwellinghouse
• o Class 17 Private garages and car ports

Reason: To control development in the interests of the visual and neighbouring amenities of the surrounding area.

This decision relates to the following Plan received on the 4th of March 2025. Block Plan B - Drawing no.D/7740/3, All Plans, Location, Site Layout, Floor, Elevations. Drawing no.J01114-001 Revision B, Proposed house (floor plan & elevations).

NOTE In accordance with the Highways comments the applicant is made aware that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.

NOTE A s109 agreement is required for access connections onto the adopted highway. You should contact the Department of Infrastructure.

NOTE FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), came into force on the 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

This decision has been made for the following reasons(s) Subject to conditions relating to access, landscaping and external materials the application is considered to have an acceptable visual and amenity impact that complies with D15 of the Area Plan for the South 2013, and with Strategic Policies 3 and 5, General Policy 2 and Environment Policy 42 of the Isle of Man Strategic Plan 2016 and which is also considered to meet the tests

• of the Residential Design Guidance 2021.

Date of Issue: 11th 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