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Mr Mark Pearce 12 Strathallan Crescent Douglas Isle Of Man IM2 4NR
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 Mark Pearce, Ref 23/00606/B, for the Construction of 3 garages to plots 4 and 5 and foul drainage connection of previously approved and commenced development PA 20/00787/B and PA 19/01324/B at Field 314758 And 312909 Main Road St Johns 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).
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.
Reason: To ensure that the agreed CEZ areas including tree, hedging and cairn site protection measures are properly implemented, in the interests of preserving and safeguarding ecology, archaeology and soft landscaping of the wider site.
Reason: For the avoidance of doubt and in the interest of appropriately safeguarding the archaeological remains of the Cairn site. Such access is to be dealt with by condition of 20/00787/B or by separate application.
Reason: For the avoidance of doubt as this application does not include such works which are dealt with and covered under 20/00787/B only.
Reason: To align with 20/00787/B in that there shall be no construction access via Balladoyne estate in the interest of highway safety and neighbouring amenity.
This information shall include (but not limited to) details of suitably appointed persons, detail of extent of groundworks proposed, method of how groundworks will be undertaken on site, any protective measures including any construction exclusions zones, details of what will happen in the event any archaeological or other feature of interest is found and method of recording. The works shall only be carried out in full accordance with the watching brief details approved.
Reason: The garage and drainage works to plot 6, including surface water drains and soakaway to the garages comes in very close proximity to the cairn site and archaeological remains/features and is required in order to ensure suitable protection of the archaeological remains/features and to ensure works are supervised by a suitably qualified archaeologist.
This approval relates to the following documents, information and drawings dated and titled online as part of this application and under the following headings:
Application Details (APL)
This decision has been made for the following reasons(s) The application is considered to be acceptable subject to conditions relating to the watching brief and CEZ's to best ensure meeting with the tests of Strategic Policy 4, Environment Policies 40 and 41, and Environment Policy 4 in protection of the cairn and ecology. The design of the garages is considered to have acceptable visual and neighbouring amenity impact in line with General Policy 2 and has been provided with sufficient information to demonstrate drainage and accepted by Manx Utilities and within bounds of section 11.8 of IOM Strategic Plan.
Date of Issue: 7th October 2024
J CHANCE Director of Planning and Building Control
Guidance Note
This decision was made by the Acting 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 led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.
Implementation The decision does not become final until either Any appeal has been concluded; or 21 days have passed since the date on this notice and no appeal has been submitted
Development must progress in accordance with the plans approved under, and any conditions attached to this approval (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 must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: the grounds for making the appeal; payment of the planning appeal fee (currently £355); and
if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £130). Where the appeal is submitted by the applicant they must:
specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.
Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated. An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.
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